(Effective July 2014)
This website, www.purps.com (the “Website”), is hosted by Purple Life Laboratories, LLC (“Purple Life Laboratories”).
By using the Website, you agree to be bound by all of the terms and conditions contained in this Terms and Conditions ( the "Agreement"). Please read this Agreement carefully. By using the Website you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Website. You must be at least 13 years old to use the Website. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post the changes in the Terms and Conditions. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement.
The content, graphics, design, compilation, organization, and other matters related to and/or presented in the Website are protected under applicable U.S. and international copyright, trademark and intellectual property laws. “Purps” and our logos and other marks are either trademarks or registered trademarks of Purple Life Laboratories (“Trademarks”). We exclusively own all worldwide right, title and interest in and to all the Trademarks, contents, graphics, designs, data, documentation, software, computer codes, ideas, know-how, “look and feel,” compilations, digital conversions and other materials included within and/or related to the Website, and all modifications and derivative works thereof, and all intellectual property rights related thereto (the “Intellectual Property”). The posting by us of information or materials on the Website does not constitute a waiver of our rights in any Intellectual Property or such information and materials. Nothing contained in this Agreement shall be construed by implication, estoppel or otherwise as granting to any third party user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of Purple Life Laboratories or any third party.
None of the material on our Website may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written consent of Purple Life Laboratories, which consent may be withheld in our sole and absolute discretion.
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide us with the following information:(1) identification of the copyrighted work claimed to have been infringed; (2) identification of the allegedly infringing material on the Website that is requested to be removed; (3) your name, address, and daytime telephone number, and an email address if available, so that we may contact you if necessary; (4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please submit your notice to Purple Life Laboratories, LLC, Attention: General Counsel, 864 Production Place, Newport Beach, California 92663.
Accuracy of Information
We use reasonable efforts to include accurate and up to date information in the Website, but we make no and disclaim all warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Website.
Your Posting on the Website
Any communication or material you transmit or post to the Website will be treated as non-confidential and non-proprietary by Purple Life Laboratories. You are solely responsible for any content, comments, postings, messages, photos, videos, blogs or profiles (collectively, “Content”) that you publish, display or post (collectively, “post”) on the Website or any material or information that you transmit to other users of the Website. By posting Content on any public area of the Website, you automatically grant, as well as represent and warrant that you have the right to grant, to Purple Life Laboratories, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute publish, and/or broadcast, in whole or in part, in any medium and in any manner on this Website or otherwise such information and Content and that Purple Life Laboratories has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You understand and agree that Purple Life Laboratories may review and delete any Content that in the sole judgment of Purple Life Laboratories violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of Purple Life Laboratories or any user of the Website.
You represent and warrant that: (i) you own any Content posted by you on the Website or otherwise submitted to us in connection with the Website, and you have the right to grant the applicable license set forth herein, and (ii) posting and publishing any such Content on or in connection with the Website does not violate any third-party intellectual property, publicity, privacy or contract rights. You shall not submit any Content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. We may screen or monitor submitted Content for legal or other purposes, though we have no obligation to do so. We assume no and disclaim all responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. We reserve the right, in our sole discretion, to reject, refuse to post or remove any profile or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.
You hereby acknowledge and agree that you have no expectation of privacy with regard to any Content you submit, transmit, or post on to or through the Website. Since we cannot guarantee security of information on the Website, all use thereof is at your own risk and without recourse against us. We will not be responsible for the accuracy of any Content contained on our Website. Please choose carefully the information and Content you post on the Website and that you provide to others.
THE WEBSITE AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN THE WEBSITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, PURPLE LIFE LABORATORIES DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE WEBSITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE WEBSITE OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE WEBSITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PURPLE LIFE LABORATORIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR USE OF ANY INFORMATION ACCESSED THROUGH THE WEBSITE OR PRODUCTS PURCHASED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PURPLE LIFE LABORATORIES THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND.
PURPLE LIFE LABORATORIES IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO INFORMATION APPEARING ON ANY COMMUNITY PAGES, ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
Limitation of Liability
PURPLE LIFE LABORATORIES SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE, THE RESULTS GENERATED FROM THE USE OF THIS WEBSITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PURPLE LIFE LABORATORIES’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO PURPLE LIFE LABORATORIES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.
You agree to indemnify and hold us, our subsidiaries, parents, affiliates, officers, managers, members, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (i) your use of the Website; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement; and (iii) any acts or omissions by you or on your behalf with respect to any Content posted on the Website by you and/or any third party.
Miscellaneous Legal Provisions
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to this Agreement and/or the Website, or your use thereof, shall be brought and conducted in Orange County, California, and each user hereby consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him as contemplated by this section. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach or termination hereof shall be settled by binding arbitration conducted by JAMS/Endispute (“JAMS”) under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure Section 1283.05 with respect to discovery. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.