Terms and Conditions + Privacy Policy

 

Terms and Conditions

 

Effective as of October 29, 2013

 

This website (“Our Site”) is owned and operated by Pure Plenty LLC (“Our Company,” “we” or “us”). Please read these Terms and Conditions (“Terms”) carefully before using or obtaining any materials, information, products or services through Our Site. By accessing, using or obtaining any content, data, materials, information, products or services through Our Site in any manner, whether automated or otherwise, you agree to be bound by these Terms, our Privacy Policy and any additional terms and conditions that may apply to specific sections of Our Site or to products and services available through Our Site or from Our Company.

 

We reserve the right to change these Terms or to impose new conditions on use of Our Site from time to time, in which case we will post the revised Terms on Our Site. By continuing to use Our Site after we post any such changes, you accept the Terms, as modified.

 

We recommend you print out a copy of these Terms for your future reference.

 

Intellectual Property Rights

 

Our Limited License to You

 

We, along with our affiliates and/or other licensors, own Our Site and all of the text, images, software, trademarks, service marks or other material contained on Our Site (the “Goods”), which are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use Our Site or the Goods available on Our Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the Goods, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any of the Goods from Our Site. You may, however, from time to time, download and/or print one copy of individual pages of Our Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

 

If You Think We’re Using Your Content

 

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Site or otherwise any materials that violate another person’s intellectual property rights. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us immediately.

 

Warranty Disclaimer

 

The information, products and services offered on or through Our Site and by Our Company and any third-party sites are provided on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. We do not warrant, and expressly disclaim any obligation, that: (a) Our Site or any of its functions will meet your requirements or will be available uninterrupted or error-free; (b) defects will be corrected; (c) any part of Our Site, including the servers that make it available, are free of viruses or other harmful components; (d) content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (e) any services offered through the site will be accurate, reliable or guaranteed; or (f) the quality of any products, services, information, or other material obtained by you through Our Site will meet your expectations. We do not warrant or make any representations regarding the use or the results of the use of Our Site or materials on Our Site or third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

 

Protecting Us

 

Subject to these Terms, you agree at all times to defend, indemnify and hold harmless Our Company, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, losses or demands, including without limitation reasonable legal and accounting fees and expenses, arising out of in any way connected with your breach of these Terms or any obligation, warranty, representation or covenant set forth herein.

 

Limitation of Liability

 

Under no circumstances, including, but not limited to, negligence, shall we (together with our officers, directors, employees, representatives, subsidiary and parent companies, affiliates, and providers) be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to Our Site or your downloading of any content from Our Site or (b) injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Site or our content, including its materials, products or services, or third-party materials, products or services made available through the site; (ii) any failure or delay (including without limitation the use of or inability to use any component of our Site); or (iii) the performance or non performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party.

 

Some states do not allow the limitation of liability, so the limitations above may not apply to you. In such states, our liability is limited to the fullest extent possible by such state law. If you are dissatisfied with Our Site, any materials, products or services on Our Site, or with any of Our Site’s Terms, your sole and exclusive remedy is to discontinue using Our Site and the products, services, and/or materials.

 

Our Site is continually under development and Our Company makes no warranty of any kind, implied or express, as to its accuracy, completeness, or appropriateness for any purpose.

 

You acknowledge and agree that no representation has been made by Our Company or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of our products or services. You specifically acknowledge and agree that Our Company is not liable for any defamatory, offensive or illegal conduct of any user.

 

Online Commerce

 

Certain sections of Our Site may allow you to purchase many different types of products and services online that are provided by third parties (“Other Folks”). Your participation, correspondence or business dealings with any Other Folks found on or through Our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that we are not responsible for the quality, accuracy, timeliness, reliability, completeness or any other aspect of these products and services.

 

If you make a purchase from a merchant on Our Site or on a site linked to by Our Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through Our Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through Our Site.

 

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through Our Site. You agree to use Our Site and to purchase services or products through Our Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information. We are not responsible for any disputes arising out of third party purchases on Our Site.

 

Guarantee and Refund Policy

 

Though Our Company cannot guarantee your results, we do guarantee satisfaction with our programs and services. If at any point you are not satisfied with your experience, Our Company will issue you a pro-rated refund for all sessions not yet completed.

 

The Other Folks

 

Throughout Our Site, we may provide links and pointers to sites maintained by Other Folks. Our display of or linking to Other Folks’ sites does not imply, suggest or constitute an endorsement, recommendation or sponsorship of such sites, or the information, products or services offered on or through the sites. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by Other Folks, including information providers, are those of the respective authors or distributors, and not Our Company. Neither Our Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Our Company neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on Our Site by anyone other than an authorized Pure Plenty LLC representative while acting in his/her official capacity.

 

Your interaction with any Other Folks accessed through Our Site is at your own risk, and Our Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Other Folks for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any Other Folks.

 

Furthermore, Our Site may contain links to other sites that we do not operate or control and for which we are not responsible (“Other Sites”). We provide these links for your reference and convenience and do not endorse the contents of Other Sites. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Sites before you use them.

 

You agree to abide by the terms or conditions of purchase imposed by any Other Folks with whom you elect to deal, and you are responsible for ensuring that your purchases abide by the terms or conditions of purchase imposed by any Other Folks with whom you elect to deal.

 

Everything Else

 

Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Site, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Site. The laws of the State of New York (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Site or these Terms, you agree to file such action only in the state and federal courts located in New York, New York (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You agree that any disputes, claims and causes of action arising out of or connected with Our Site and/or these Terms will be resolved individually, without resort to any form of class action. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.

Contacting Us

 

We encourage you to share your comments and questions with us via email at contact@pureplenty.com, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Pure Plenty LLC programs. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Our Company.

 


Privacy Policy

 

Effective as of October 29, 2013

 

Personally Identifiable Information

 

We collect information from you when you subscribe to our newsletter, respond to a survey or fill out a form. When performing such activities, as appropriate, you may be asked to enter personally identifiable information (“PII”), including, but not limited to, your: name, e-mail address, mailing address, or phone number. You may, however, visit our site anonymously.

 

If you do decide to use any of our services and give us PII about you, you are telling us that this PII is true, accurate and current. Also, you are telling us that you have the authorization to provide us with that PII.

 

What We Use Your Information For

 

Any of the information we collect from you may be used in one of the following ways: to personalize your experience, to improve our website, to improve customer service, to process transactions, administer a contest, promotion, survey or other site feature and to send periodic emails.

 

Like most website operators, Pure Plenty LLC collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Pure Plenty LLC’s purpose in collecting non-personally identifying information is to better understand how its visitors use its website.

Email Communications

 

If you do register with us, or otherwise provide us your e-mail address, Pure Plenty LLC will save your information and recognize you regardless of where you login. So if you are using a friend’s computer or mobile device, we’ll know it’s you and display your searches and preferences when you do login.

 

From time to time, Pure Plenty LLC may send you emails that we think are of interest to you regarding our products or services for topics you have selected when providing your email address. Our emails are sent from a Pure Plenty LLC address and are sent to your real email address. We will retain your e-mail address for such use if you are either a registered user or if you are not a registered user but previously provided us your e-mail address. Every email that we send has an opt-out URL, so you can be unsubscribed when you want.

 

With the exception of emails confirming registration and emails relating directly to a purchase of a product or service, we give you the ability to control communications you receive from us. This might include information we believe will be of use and interest to you, including targeted email marketing messages. If you decide that you are no longer interested in receiving email marketing communications from us, you may follow the instructions in our marketing emails to unsubscribe from our marketing email list.

 

Sharing Your Information

 

Your information, whether public or private, will not be sold, exchanged, transferred, or given to outside parties without your consent, other than for the express purpose of delivering the purchased product or service requested.

 

This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

Protecting Your Information

 

We store your PII in secure data centers located in the United States. Our systems are constructed to industry standards. PII may only be accessed by persons within our organizations, or our third party vendors, who require such access to carry out the purposes indicated in this Privacy Policy.

 

Accessing and Correcting your Information

 

If you have submitted PII to us and would like to have access to it, or if you would like to have it removed or corrected, please contact us using the contact information provided below. We will use reasonable efforts to comply with your request; however, in some cases we may not be able to allow you to access certain PII in certain circumstances, for example if it contains PII of other persons, or for legal reasons. In such cases, we will provide you with a reasonable explanation of why it is not possible to grant access to your PII.

Cookies

 

When you visit Pure Plenty LLC, we may store information about your web session and assign you one or more ‘cookies’. Your browser will store these cookies on you computer or mobile device in a small file. We may use transparent pixels that, if used, allow us to track website usage information, such as the number of times a given web page has been viewed and whether and when you have opened a HTML email. You may turn off your cookies using your browser settings, but this will affect your use of our website.

 

Children

 

Pure Plenty LLC believes that it is critically important to protect children’s privacy online. Pure Plenty LLC does not knowingly collect or use any personally identifiable information from children under the age of 13 and its website does not knowingly provide any personally identifiable information, regardless of its source, to any third party for any purpose whatsoever from visitors younger than 13 years old. If we become aware of the fact that a child under the age of 13 is attempting to submit any PII, we will inform the child that he or she is ineligible to do so. We will then remove this information from our records. If you are the parent/legal guardian of a child under the age of 13 who has given us PII, you may contact us to delete it.

 

Third Party Policies

 

Although we work with responsible third parties and encourage our business partners to adopt privacy policies and practices that build users’ trust, when you click through to third party websites, our privacy policies no longer apply. We therefore have no responsibility or liability for the content and activities of these linked sites and encourage you to read the privacy policies of these provider websites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

 

Our Website Is Run from the United States

 

Our website is run from the United States and is intended for U.S. customers; our servers and data centers are located in the U.S. If you are accessing our website from outside the U.S., by providing us PII about you, you agree that the PII may be transferred and stored in the U.S., each a jurisdiction which may have different and/or less stringent privacy/data protection and data security protections than those of your own jurisdiction. As a result, your PII may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. Subject to the applicable laws in such other jurisdictions, we will provide appropriate safeguards to maintain protections on your PII.

Business Transfers

 

If Pure Plenty LLC or substantially all of its assets were acquired, or in the unlikely event that we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Pure Plenty LLC may continue to use your personal information as set forth in this policy.

 

Changes to This Policy

 

Pure Plenty LLC reserves the right to modify this Privacy Policy at any time. If there are material changes to this statement on how we will use your PII, we will prominently post these changes prior to implementing them and if you are registered with us, attempt to email you using your current email address on record with us regarding these material changes.

 

If you have questions about our privacy practices or need assistance with exercising or understanding your privacy choices, please contact us at:
Pure Plenty LLC
551 9th St #2
Brooklyn, NY 11215
contact@pureplenty.com