1) GENERAL TERMS
– COMPLIANCE WITH THE CAN-SPAM ACT
By using our website, you agree to abide by the CAN-SPAM Act of 2003. You are prohibited from using this site to harvest email addresses from it and bombard other users with uninvited commercial mail, as well as any other activities that violate the above-mentioned public law.
– RIGHT TO BLOCK OR TERMINATE ACCESS
Pure Energies reserves the right to restrict, block, or terminate the user’s access to the website in case of violation of this Agreement. We reserve the right to terminate, suspend, or restrict your access without cause, liability, or notice.
– PERSONS UNDER THE AGE OF 14
Registration on this website is prohibited to individuals who are under the age of 14. Such persons may not use services offered through our website, register on it, or provide any sort of information to us.
2) USE LICENSE
We permit temporary downloading of a single copy of software or information on our website for non-commercial, personal viewing. This is not a transfer of title but a grant of a license, which prohibits you from:
-Transferring the materials to another person
-Removing any copyright notations from materials
-Reverse-engineering or decompiling software contained on our website
-Using the materials for public display or any commercial purpose
-Copying or modifying the materials
Violating any of the restrictions mentioned above will lead to automatic termination of the license. Upon its termination, you are required to destroy the electronic or printed materials in your possession.
Pure Energies does not guarantee or warrant uninterrupted access to the website. By using the website, the user assumes full responsibility and risk of the loss coming from the use of information on the site. Pure Energies provides information and services on an “as is” basis. We grant no statutory, implied, or express warranties of any kind.
Pure Energies, its affiliates, partners, suppliers, and licensors are not liable to you for any consequential, punitive, exemplary, special, incidental, direct, or indirect damages, to the maximum extent permitted by law. This includes any other form of damages that may occur out of the connection to our services, use of the site, or this Agreement.
5) REVISIONS AND ERRATA
Photographic, typographical, and technical errors can occur on materials appearing on our website. Pure Energies does not warrant the complete accuracy of such materials. We reserve the right to make changes to such materials at any time, without previous notice.
Pure Energies may provide links to other resources, operated by other parties. As we have no control over such resources, we are not liable or responsible for their content, products, advertising, services, or any other materials. We are not responsible for loss or damage alleged to such services, goods, and content.
Pure Energies reserves the right to modify these Terms & Conditions at any time. It is the user’s responsibility to review for any revisions periodically. The user agrees to the most current version of Terms & Conditions by using the website.
By agreeing to these Terms & Conditions, you agree to indemnify, defend, and hold us harmless against any damages, costs, expenses, and losses arising from your use of our website. If necessary, we may participate in the defense against the user’s claims related to his/her damages and losses allegedly caused by using our website.
9) GOVERNING LAW
This Agreement between Pure Energies and its users will be governed in accordance with the state laws. Furthermore, the user agrees that the UCITA Convention won’t apply to this Agreement, as well as to any interpretation of it.
10) LEGAL EXPENSES AND ATTORNEYS’ FEES
In case of any actions or proceedings being brought in order to recover a particular amount under the Agreement, related to interpreting or enforcing the Agreement’s conditions, covenants, or terms, the prevailing party will be able to recover reasonable attorneys’ fees from the other party.
This Agreement cannot be assigned to any third party, as it is personal to the user. No waiver by either party will be deemed as a waiver of subsequent or default of the same of other provisions of this Agreement.
12) SEVERABILITY AND SURVIVAL OF TERMS
In case any provision, clause, or term is held unenforceable or invalid by the court, it won’t affect the operation or validity of any other provisions, clauses, or terms. Invalid provisions, clauses, and terms will be deemed to be severed from this Agreement. Provisions of this Agreement that give effect to its meaning will survive termination.
13) LIMITATION ON ACTIONS
By agreeing to these Terms and Conditions, you also agree that defenses and claims related to the use of our website have to be brought within one year after the action that caused such defenses or claims. Failing to do so within that time period will cause the claims to be forever barred.
14) ENTIRE AGREEMENT
This Agreement is the final expression of the agreement between the parties, and as such, it supersedes and revokes any prior agreements. It won’t be amended or modified except in site posting by Pure Energies.
In case you breach or threaten to breach the Agreement’s provisions (pertaining to the unauthorized use of the website or intellectual property), you hereby agree that Pure Energies is entitled to obtaining a permanent or temporary injunction from a court of competent jurisdiction. Upon the issuance of this injunction, we are also entitled to recovering reasonable attorneys’ fees (the amount being fixed by the court) from you, as part of our costs.