PureGear (“Pure-Gear”) maintains and owns this website (the “Site”) to provide you with a variety of services and products to assist you in achieving your wireless accessory retail sales goals. By visiting this site and utilizing any of the services provided, you agree to the following Conditions of Use (“Conditions of Use”) without limitation. Please read these conditions carefully and be aware that PureGear may revise and update the provisions of these Conditions of Use at any time. Please visit this page periodically to review the then current Conditions of Use to which you are bound.
By accessing and browsing this Site, you agree to the following Conditions of Use:
1. While PureGear uses commercially reasonable efforts to ensure all information provided on the Site is accurate and up to date, PureGear does not make any guarantees as to the accuracy, correctness, reliability or otherwise with respect to such information. PureGear does not assume any responsibility or liability for any errors or oversights (including, but not limited to, typographical and/or technical errors) in the content of the Site. This includes information about product availability as well as products that, despite our best efforts, may be incorrectly priced.
2. Please be aware that this Site uses several valuable trademarks, names, logos, images, video clips, product designs, copyrights, and other proprietary materials owned and registered by PureGear and/or our vendors. These materials may not be used in any way that causes confusion among customers, or in any way disparages or discredits PureGear or our vendors. PureGear has permission from our vendors to reproduce all vendor trademarks on this Site.
3. Misuse of PureGear’s proprietary materials is strictly prohibited and is a strict violation of PureGear’s Conditions of Use.
4. No item is charged to your credit card until it has entered the shipping process. If an item is incorrectly labeled, PureGearr will notify you in order to resolve any price discrepancy before your order has entered the shipping process.
5. If you believe your work has been copied and used in a way that is tantamount to a copyright infringement, please provide the following:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted interest;
· A description and location of the material that you claim has been infringed upon;
· Your address, telephone number, and an e-mail address;
· 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;
· A statement made, by you, under penalty of perjury, that the information made in your claim is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
PureGear’ Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:
5082 Fourth Street
Irwindale, CA 91706
Attention: Legal Department
1. USE OF AND BORROWING FROM THE SITE IS DONE AT THE USER’S OWN RISK. PUREGEAR, NOR ANY PARTY INVOLVED IN DELIVERING THE SITE, WILL BE HELD RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR BORROWING OF THE SITE, INCLUDING, WITHOUT LIMITATION, VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT THEREOF.
2. The Site may provide you with links to other sites not maintained or related to PureGear. These links are provided as a service to our users and are not sponsored by, endorsed by or otherwise affiliated with PureGear, our vendors, our products or our services. Viewing these sites is strictly at your own risk.
3. You agree to indemnify, defend, and hold harmless PureGear, its executive officers, directors, managers, and employees from and against any and all losses, expenses, damages, and costs, including attorneys’ fees, that result from any violation of these Conditions of Use by you.
4. If any clause in these Conditions of Use is deemed unlawful, unenforceable, or void, then that clause will be considered severable from these Conditions of Use; however, it will not affect the enforceability of any remaining clause.