2. DESCRIPTION OF SERVICE
The Site contains information about Pyure Brands stevia products including nutritional information, health benefits, promotional and other offers, menu and recipe ideas, and information on where you can buy Pyure Brands products, as well as the history and growing of stevia. The Site and the information, features and services available through the Site may be referred to herein collectively as the “Service”. Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to these TOU. The Service is provided primarily for informational purposes, and is not guaranteed. While we strive to keep the information on the Site as current and accurate as possible, we make no warranty of any kind, implied or express, as to the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics, audio and video clips, advertising or any other materials (collectively, the “Content”) transmitted or made available via the Service. We shall not be responsible or liable for any decisions made in reliance on such information. You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You may be required to register for and create an account with the Service in order to access certain information and features offered through the Service. As part of the registration and account creation process, you will select a password and provide us with certain registration information and data (“Registration Data”). You are solely responsible for maintaining the confidentiality of your password(s) and for all usage or activity on your account, including the use of your account by any person using your password(s). If you choose to register with the Service or otherwise provide personal or other information to the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form or other areas of the Service, and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to us that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. THIRD PARTY WEB SITES
The Service may provide links to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties.. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. Your correspondence or business dealings with, or participation in promotions of, any Web sites that you find or link to through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Web sites. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links to such Web sites on the Service.
5. CONNECTING TO SOCIAL NETWORK WEB SITES
If you are a registered user on our Site and you choose to use the Twitter, Facebook or Pinterest connect function, you acknowledge and agree to abide by the relevant terms and conditions for each of these Web sites, or any other social network Web site that we may utilize in the future. The terms and conditions for the Twitter, Facebook and Pinterest Web site may be found at: www.twitter.com, www.facebook.com and www.pinterest.com, respectively.
This function is intended to enable us to connect with Twitter, Facebook and Pinterest so that you can send newsfeeds about your activities to each of these Web sites. Twitter, Facebook and Pinterest may also be able to use information about action you take on our Site.
However, note that where you choose to publish information on the interactive parts of our Site outside of these privacy settings, or in any way other than through Twitter, Facebook or Pinterest, that information will not be protected by us. It is information in the public domain, which may be accessed by any person using the Web in any part of the world and can be found using independent search engines. If you choose to post information to the interactive parts of our Site in this manner, you do so at your own risk.
In addition, you acknowledge and agree that we are not responsible for the availability of these Web sites, or any other social network Web site that we may add to the connect function, and do not endorse and is not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such Web sites or resources.
While we are always happy to hear from you, it is our policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as images, original artwork, etc. Any communication or material you do transmit to the Site by e-mail or otherwise will be treated as non-confidential and non-proprietary.
You shall be solely responsible for your own submissions, the e-mailing or posting of any content including, without limitations, photographs, illustrations, audio and video clips and the consequences thereof. You or a third party licensor, as appropriate, shall retain all patent, trademark and copyright to any content you submit, e-mail, post or display on or through the Service and you are responsible for protecting those rights and obtaining the required consents and authorizations, as appropriate. By e-mailing or posting any submission and content to the Site or to us, you hereby grant us or our affiliates the worldwide, non-exclusive, royalty free and perpetual license to use or publish such submission and content for any purpose, including, without limitations, reproduction, modification, disclosure, transmission, publication, distribution, creation of derivative works, broadcast and posting in any media throughout the world and in perpetuity without restriction or compensation to you. We are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site or to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
You agree that you will use the Service in compliance with all applicable laws, rules and regulations. In addition, you represent and warrant that you own or otherwise control all of the rights to the content that you submit, e-mail or post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and our affiliates for all claims resulting from your actions or content you supply, and hold us and our affiliates harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claims. Furthermore, we reserve the right to refuse, accept, post, display or transmit any content in our sole discretion.
Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Service, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Service. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting or transmitting any such information or materials.
8. NO PERSONAL ADVICE OR ENDORSEMENTS
Our Site and its Content (including any postings, comments, e-mails or information provided by users) are for informational and entertainment purposes only, and is not intended to replace or substitute for any professional financial, medical, legal or other advice. In addition to the disclaimers and limitations of liability set forth in Sections 13, 14 and 15 below, Pyure Brands and its affiliates make no representations or warranties and expressly disclaim any and all liability in connection with any health claims or information offered or provided by users of our Site. Any such health claims or information offered or provided by users are not tested, substantiated or endorsed by Pyure Brands and individual results may vary and may not be typical for individual consumers.
9. USER CODE OF CONDUCT
We are excited that you and other users are able to use this Service to communicate with each other and share ideas on the Site. However, we want you and all users to be able to feel safe and at ease when using this Site. To do so, we have provided the following guidelines for how to upload Content on the Site in order to avoid causing harm or offense to yourself and others and to avoid having your content and postings removed from the Site.
By using the Service, you agree to these TOU including the User Code of Conduct in this Section.
The PyureSweet.com community is designed where possible to manage itself. Every comment you post can be rated and marked as a “Favorite” by any other user. A user can positively, neutrally or negatively rate a comment. Comments posted on the Site may be reviewed by us, and may be removed if we feel, in our sole discretion, they are inconsistent with these TOU. If a user’s comments are removed several times, it may be necessary to put the user “on probation” – meaning they cannot post anymore comments for a set period of time. If necessary, we may remove the user from the Site altogether at our sole discretion.
If we believe that a user’s behavior is likely to cause offense or harm to other users or to us, or is otherwise unacceptable, we may issue that user with a warning, disable their account and/or terminate or otherwise restrict their access to and use of this Site. In addition, we may remove any content which they have shared or posted upon the Site. We will try to give such users warnings as outlined above, but we are not obliged to give the user any notice.
To protect our users and the reputation of the Site, we may monitor the interaction between users from time to time, but please note that we have no obligation to police it.
We will not take responsibility or liability for the conduct of any person who uses our Site. In addition, we are not responsible or liable for any loss or damage suffered as a result of the use of our Site. We ask that in using the Site, you show courtesy and respect to other users and the property of others.
- To behave in a respectful manner to all other users;
- Not to post, or otherwise make available, content which is, in our view, likely to impair the enjoyment and/or use of our Site by other users;
- Not to breach the law or encourage any breach of the law;
- Not to post, or otherwise make available, content which is, in our view, abusive, offensive, defamatory, obscene, pornographic or of a sexual nature, illegal, threatening, intimidating, in breach of privacy, confidentiality or third party rights or otherwise unacceptable;
- Not to post, or otherwise make available, content which, in our view, portrays unacceptable violence;
- Not to behave in a way which is threatening, intimidating, harassing or bullying, offensive, abusive, defamatory, discriminatory or demeaning or to stalk or violate the rights of others, including the privacy rights of other individuals;
- Not to do, cause or permit anything to be done that may infringe, damage or interfere with any copyright, moral rights, performing rights, design rights, trademark rights or other proprietary or intellectual property rights of Pyure Brands, its affiliates and each of their respective licensors or any third party;
- To only upload content which is an original work created by you;
- Not to share any information which is confidential to any other person;
- Not do anything which will or may damage, interfere with, disrupt access to, overburden, interrupt or impair the functionality of the Site, the materials available on the Site or any software or hardware;
- Not to obtain or attempt to obtain unauthorized access to the Site, any part of it or any private or member account areas;
- Not to obtain or seek to obtain personal information, confidential information or passwords from any other person;
- To be entirely responsible for and keep secret any password used by you (you must change your password if you believe it is no longer secret);
- Not to circumvent or attempt to circumvent any filters we may use on the Site;
- Not to do anything which may cause any liability to Pyure Brands or to any of its affiliates;
- To ensure that individuals featured in any audio and/or visual content you are posting are all over the age of 18;
- Not to distort or misrepresent any individual or thing;
- Not to register as or on behalf of anyone else, impersonate anyone else, seek to take on a false identity or misrepresent yourself, your identity or your age;
- Not post, or otherwise make available, content containing financial information (such as account, credit or debit card details) or information which identifies an individual personally or is capable of identifying an individual personally (such as names, telephone numbers, email addresses or postal addresses);
- Not to advertise, promote or endorse any good or services; and
- Not use our Site to send any chain letters, junk mail, “spam” material or any other form of bulk communication.
10. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate these TOU, your account (if you have registered) and/or your ability to access the Site, for any reason including any breach by you of these TOU or conduct by you that we determine to be inappropriate. Without limiting the foregoing, if you post any images or content to the Site that infringe the copyright of any third party, such conduct shall be grounds for immediate termination of your account. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
12. SECURITY AND PASSWORD
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
13. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the “Software”) contain proprietary and/or confidential information, Content and other materials that are protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on, or otherwise use the Software, the Service or any Content contained thereon, in whole or in part.
Pyure Brands, Pyure, Sweetness From Nature, Pyure O.E.O., and Pyure Nectür are registered trademarks of PyureBrands LLC. We will enforce our intellectual property rights to the fullest extent of the law.
14. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WE MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY PRODUCTS OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY PRODUCTS PROVIDED THEREIN WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES OR INFORMATION OR PRODUCTS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
- ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT OBTAINED THROUGH THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. DIGITAL MILLENNIUM COPYRIGHT ACT
We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should provide us with written notice that contains the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) 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; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our Designated Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Pyure Brands LLC
5405 Taylor Road Suite 10,
Naples, Florida 34109
Attn: Chief Legal Officer
Fax: (888) 226-2490
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on our Website. All other inquires to the Designated Agent will not be answered.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
The sole and exclusive jurisdiction and venue for resolving any controversy or claim arising out of or relating to the TOU or the Service shall be through binding arbitration in Collier County, Florida, including, without limitation, any dispute with respect to this arbitration provision, any claim in tort, or any claim for violation of any federal, state or local statute, or ordinance or regulation. The arbitration shall be conducted by JAMS/Endispute (“JAMS”), whose rules applicable to such disputes shall be in force, and judgment or the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. There shall be one arbitrator to be mutually selected by the parties, and if the parties cannot so select, the arbitrator shall be appointed by JAMS. The fees of the arbitrator, administrative fees, and the other fees and costs of the arbitration, including, but not limited to, the cost of any record or transcripts of the arbitration, shall be advanced by the parties to the arbitration in equal portions, and, in addition thereto, each such party shall advance the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case. THE PARTIES HERETO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ARBITRABLE CONTROVERSY OR CLAIM.
22. INTERNATIONAL USE
Although this Site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
23. GENERAL INFORMATION
These TOU constitute the entire agreement between you and us and govern your use of the Service, superceding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These TOU and the relationship between you and us shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. Unless otherwise provided herein, you and we agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the state of Florida. Any failure on our part to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
24. CONTACTING US
If you have any questions or comments about these terms, please contact us at the address listed above. Please report any violations of the TOU to firstname.lastname@example.org.
© 2012 Pyure Brands LLC. All rights reserved.
Last updated: March 9, 2017