The website http://www.purpod100.com/ is operated by Club Coffee L.P. (the “Company”, “we” and “us”). Your use of this website and the Company’s websites (together, the “Websites”) is subject to your acceptance and agreement with these terms and conditions (“Terms and Conditions”). These Terms and Conditions are subject to change from time to time without notice to you. We will post the updated Terms and Conditions at http://purpod100.com/terms-conditions/ in a timely manner. Your continued use of any of the Websites after such changes are posted will constitute acceptance of those changes.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY BECAUSE THEY AFFECT YOUR RIGHTS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND A CLASS ACTION WAIVER AS PROVIDED BELOW.
- Proprietary Rights
The content, postings, information, services, programs, software and materials available on or through the websites (collectively, “Content”) is protected by copyright laws in Canada, the United States and elsewhere. Any unauthorized copying, distribution, reproduction or modification of Content may be a violation of copyright laws in one or more countries, and could be subject to legal action. You agree to comply with all applicable copyright laws in your use of the Websites, and to prevent any unauthorized copying of Content.
Subject to the limitations below, you are granted a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license for non-commercial purposes to display on your computer, download, print, save or reproduce Content for informational purposes only and solely for your own personal use. You may not:
(a) modify any Content;
(b) reproduce, display, publicly perform, distribute, or otherwise use any Content in any way for any public or commercial purpose, or for profit;
(c) include any Content in or with any product that you create or distribute, or service that you provide;
(d) copy any Content onto your own or any other website; or
(e) suggest, directly or indirectly, that the Company has approved, authorized or endorsed you, your company or your activities.
No Content that is attributed to a copyright owner other than the Company may be reproduced, printed, downloaded or distributed, except with the prior permission of that copyright owner. No Content that is found on third party websites or other third party sources that are accessible from the Websites via a hyperlink or other linking practice may be reproduced, printed, downloaded or distributed, except with the prior permission of that copyright author or owner.
Any other use of Content is expressly prohibited without the Company’s prior written permission. To request permission, please contact: firstname.lastname@example.org.
Certain names, graphics, logos, icons, designs, words, titles and phrases on the Websites constitute trademarks, trade names, domain names, trade dress or other intellectual property of the Company or its affiliates that is protected in Canada and elsewhere. The limited copyright license above does not apply to these other intellectual property rights, and any use of same, in whole or in part, is strictly prohibited without our prior, written authorization.
Certain trademarks, trade names, trade dress and associated products and services on the Websites may be rights owned by third parties. The display of these trademarks, trade names, trade dress and associated products and services does not convey or create any license or other rights in these trademarks or trade names, and any unauthorized use of them is strictly prohibited.
The Websites may contain blogs, message boards, forums, comment areas and other interactive features where users can share and display materials, information and audible commentary (“Postings”). You agree that you will not post, transmit or discuss any of the following on or through the Websites or its Postings:
(a) anything that interferes with or disrupts the Websites or the operation of the Websites;
(b) statements or material that defames, harasses, abuses, stalks, threatens, intimidates or in any way infringes on the rights of others;
(c) unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets or privacy of others;
(d) statements or material that violates any contractual or fiduciary rights, duties or agreements;
(e) statements or material that is bigoted, hateful or racially offensive;
(f) statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
(g) statements, or material that contains vulgar, obscene, profane or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
(h) statements or material that harms minors;
(i) statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of the Company;
(j) statements or material that misrepresents your affiliation with any entity or the Company;
(k) anything that violates the privacy or publicity rights of any other person, including displaying any personal identifying information of another individual;
(l) statements or material that constitutes junk mail, spam or unauthorized advertising or promotional materials; or
(m) files that contain malicious code, viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer, network or the Websites.
Additionally, you represent that you have all necessary rights, consents or permissions to make any Posting. You also acknowledge that all Postings are non-confidential and that the Company has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. In connection with making any Posting, you hereby and automatically grant to the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit and otherwise use any such content or information for any purpose in any form, media or technology now known or later developed for the full term of any rights that may exist in such content or information. The Company assumes no responsibility for the deletion of or failure to store any Posting, content or information. The Company is not a publisher of any Posting and is merely functioning as an intermediary to enable you to provide and display a Posting.
No Pre-Screening of Postings. The Company is not responsible for screening, policing, editing or monitoring your or another user’s Postings. The Company does not endorse or oppose any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness or reliability of, any advice, opinion, statement or other material displayed, uploaded or distributed by you or any other user. Nevertheless, the Company reserves the right to delete or take other action with respect to Postings (or parts thereof) that the Company believes in good faith violate these Terms and Conditions, are (or potentially are) unlawful or harmful to the Company or its products, services and goodwill, or for any other reason in the Company’s sole discretion. If you violate these Terms and Conditions, the Company may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning or terminate your access or use of the Websites.
- Access and Use of the Websites
(a) Age Limitations. The Websites are not intended for persons under 13 years of age, so you may not access or use the Websites or any Content if you are under 13 years of age. If you are at least 13 years of age but less than 18 years of age, you may only use the Websites with legal parental or guardian consent. You agree and represent that you are at least 18 years of age or older or possess legal parental or guardian consent and are fully able and competent to enter into and comply with the terms, conditions, representations and warranties set forth in these Terms and Conditions. If you do not meet these qualifications, you are not authorized to access or use the Websites or any Content.
(b) Access or Use of Websites by Organization. If you are accessing or using the Websites as a representative of an organization or entity, these Terms and Conditions bind both you individually and the organization, and references to “you” and “your” will be construed to apply to both you individually and the organization.
(c) Accurate Information. You agree that you will, at all times, provide true, accurate, current and complete information when submitting information or materials through the Websites.
(d) Local Laws; Export Control. You agree to abide by all applicable local, state, provincial, national and international laws and regulations with respect to your access and use of the Websites or any Content. The Company makes no representation that the Websites are appropriate or available for use in locations outside Canada and the United States, and access to the Websites from states, provinces, territories, or nations where any aspect of the Websites is illegal is prohibited. You access the Websites on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Websites. You agree not to import, export, re-export or transfer, directly or indirectly, any part of the Websites or any Content except in full compliance with all Canadian, United States, foreign, and other applicable laws and regulations. You agree to assume all responsibility related to or in connection with your access or use of the Websites or any Content.
(e) Use of the Internet. You are responsible for any costs you incur to access the Internet or the Websites. You acknowledge and agree that use of the Internet and access to or transmissions or communications with the Websites is solely at your own risk. While the Company has endeavoured to create secure and reliable Websites, you should understand that the confidentiality of any communication or material transmitted to or from the Websites over the Internet or other form of global communication network cannot be guaranteed. Accordingly, the Company is not responsible for the security of any information transmitted to or from the Websites.
(f) Restrictions. You may not copy, store, reproduce, distribute, display, modify, market, lease, sell, license, sublicense, commercially exploit or otherwise use the Websites or any Content in any manner not expressly permitted by these Terms and Conditions. In addition, you may not translate, decompile, create any derivative works of, disassemble, remove or alter any proprietary notices or labels, transfer, mirror or frame any of the Websites or any Content in any manner not expressly permitted by these Terms and Conditions. In addition, you may not:
- attempt to gain unauthorized access to any portion or feature of the Websites, including the account of any other members, or any other systems or networks connected to the Websites or to any Company server or to any of the services offered on or through the Websites, by hacking, password “mining” or any other means;
- probe, scan or test the vulnerability of the Websites or any network connected to the Websites, nor breach the security or authentication measures on the Websites or any network connected to the Websites;
iii. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Websites or the Company’s systems or networks or any systems or networks connected to the Websites;
- use any device, software or routine to interfere with the proper working of the Websites or with any other person’s use of the Websites;
- forge headers, impersonate a person or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or information you send on or through the Websites;
- use the Websites to harvest or collect phone numbers, e-mail addresses or other contact or personal information; or
- use the Websites in an unlawful manner or in a manner that could damage, disparage or otherwise negatively impact the Company.
vii. use the Websites in an unlawful manner or in a manner that could damage, disparage or otherwise negatively impact the Company.
- External Links to Other Websites
Some of the Websites are social media sites where the Company has accounts. By using or accessing those Websites, you agree to be bound by these Terms and Conditions, and by the terms and conditions of use of those social media sites and accounts.
- Enforcing Security
You may not access or use, or attempt to access or use, the Websites in any manner not expressly authorized by these Terms and Conditions. The Company reserves the right to view, monitor and record activity on the Websites without notice or permission from you, including by archiving notices or communications sent by you through the Websites. Any information obtained by viewing, monitoring or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Websites, as well as to disclosures required by or under applicable law or related government agency actions. The Company may also comply with all court orders involving requests for such information. In addition, the Company reserves the right, at any time and without notice, to modify, suspend, terminate or interrupt operation of or access to any of the Websites, or any portion of the Websites, in order to protect the Websites, the Company or the Company’s business.
- Disclaimer of Warranty
THE CONTENT IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS OR OTHER INACCURACIES. MOREOVER, THE COMPANY MAY MAKE MODIFICATIONS OR CHANGES TO THE WEBSITES OR THE CONTENT AT ANY TIME AND FOR ANY REASON.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY OR ACCURACY OF THE CONTENT FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION HAS NOT BEEN PROVIDED FOR ANY PARTICULAR PURPOSE THAT YOU HAVE MADE KNOWN TO US AND WE HAVE NO LIABILITY WHATSOEVER IN RESPECT OF ANY USE WHICH YOU MAKE OF SUCH INFORMATION.
THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT OR THIRD PARTY PRODUCTS OR SERVICES THAT ARE AVAILABLE THROUGH OR FROM THE WEBSITES OR FOR ANY ACTIONS OR INACTIONS OF OUR PARTNERS OR ANY OTHER THIRD PARTY.
THE CONTENT HAS NOT BEEN SUPPLIED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND IT IS YOUR SOLE RESPONSIBILITY TO SATISFY YOURSELF PRIOR TO ACQUIRING ANY PRODUCTS OR SERVICES THAT THEY ARE SUITABLE FOR YOUR PURPOSES. YOU ASSUME THE SOLE RISK OF MAKING USE OF OR RELYING ON THE CONTENT.
WHILE WE MAKE ALL REASONABLE ATTEMPTS TO EXCLUDE VIRUSES, SPYWARE, MALWARE AND OTHER SIMILAR ITEMS FROM THE WEBSITES, WE CANNOT GUARANTEE SUCH EXCLUSION AND NO LIABILITY IS ACCEPTED FOR ANY DAMAGE CAUSED BY THESE ITEMS. THUS, YOU ARE ADVISED TO TAKE ALL APPROPRIATE SAFEGUARDS BEFORE ACCESSING THE WEBSITES OR DOWNLOADING CONTENT. ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED. THE COMPANY DOES NOT WARRANT THAT ACCESS TO THE WEBSITES WILL BE CONTINUOUS OR SECURE AND ASSUMES NO RESPONSIBILITY FOR THE INCORRECT OR INACCURATE CAPTURE OF INFORMATION OR HUMAN OR TECHNICAL ERROR, OR FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER EQUIPMENT AND SYSTEMS, SERVERS, ACCESS PROVIDERS, SOFTWARE, INTERNET CONGESTION OR AT ANY OF THE WEBSITES, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO YOUR OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING ANY CONTENT.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, COMPENSATORY, CONSEQUENTIAL, DIRECT, EXEMPLARY, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY LIABILITY WHICH YOU MAY SUFFER OR WHICH YOU MAY HAVE TO A THIRD PARTY, ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS, ACCESS OR USE OF THE WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES, REGISTRATION, FOR ANY CONTENT, OR FOR ANY ACTIONS OR INACTIONS OF OUR PARTNERS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY RELEASE THE COMPANY, ITS AFFILIATES, PARTNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, SHAREHOLDERS, ATTORNEYS, AGENTS AND REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, THAT YOU MAY HAVE AGAINST THE COMPANY AND ANY OF THE FOREGOING PARTIES, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES OR THE TERMS AND CONDITIONS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF THE COMPANY FOR ANY REASON WHATSOEVER ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS, ACCESS OR USE OF THE WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES, REGISTRATION ON THE WEBSITES, FOR ANY CONTENT OR FOR ANY ACTIONS OR INACTIONS OF OUR PARTNERS, WILL NOT EXCEED $100.
- Dispute Resolution Policy
This Section only applies to individuals accessing the Websites in the United States.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
(a) Pre-Arbitration Claim Resolution. We always prefer to resolve issues with you as quickly and efficiently as possible. Before initiating any arbitration or other proceeding, you agree to first discuss the matter with the Company informally. To do so, please send your full name, address and contact information, a description of your concern and your proposed solution to us via mail at 55 Carrier Drive, Toronto, Ontario, Canada, M9W 5V9. If the Company does not resolve your concern within 45 days after it receives your written notification, then you may pursue your matter in arbitration. You may pursue your matter in court only under the circumstances described in this Section.
(b) Arbitration. You agree that any claim, dispute, controversy or cause of action that you may have against the Company Parties arising from or relating to these Terms and Conditions, access or use of the Websites, with the delay or inability to use the Websites, for any Content, or for any other matter concerning your relationship with us (a “Claim”) must be resolved through binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association, except as set forth in this Section. All arbitrator decisions are final and binding and may be enforced in any court of competent jurisdiction. Because the Websites and these Terms and Conditions concern interstate commerce, all Claims and this arbitration agreement will be governed by the Federal Arbitration Act, and not by any state law concerning arbitration. Each party will bear the expense of that party’s attorneys, experts, witnesses and other fees and expenses regardless of which party prevails. However, if you prevail in the arbitration, then we will reimburse you for any initial filing fees paid by you and we will pay the arbitrator and any hearing fees.
(c) Small Claims Court. Instead of using arbitration, you may pursue a Claim in small claims court as long as (i) the Claim is subject to the rules of small claims court; (ii) the Claim remains in that court, and (iii) the Claim is made solely on your behalf and on an individual basis. If the Claim is transferred or appealed to a different court, we reserve our right to elect arbitration.
(d) Right to Opt Out of Arbitration. You may opt out of the arbitration provision in Section 9(b) by providing us with a written notice within 30 days following the date that these Terms and Conditions first become applicable to you. The notice must be sent via mail to 55 Carrier Drive, Toronto, Ontario, Canada, M9W 5V9 and must include your full name, your address and contact information, and a clear statement that you do not wish to resolve Claims against us through arbitration. Any opt-out request received after the 30 day deadline will not be valid and you must pursue your Claim in small claims court or arbitration.
(e) WAIVER OF CLASS ACTION. YOU AGREE TO ARBITRATE OR LITIGATE (IF APPLICABLE) ANY CLAIM ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS. AS SUCH, YOUR CLAIMS MAY NOT BE JOINED WITH ANY OTHER CLAIMS AND NO DISPUTE MAY BE ARBITRATED OR LITIGATED (IF APPLICABLE) ON A CLASS ACTION BASIS OR BROUGHT BY A PURPORTED CLASS REPRESENTATIVE. IF YOU CHOOSE TO OPT OUT OF THE ARBITRATION PROVISION PURSUANT TO SECTION 9(d), THEN THIS WAIVER OF CLASS ACTION DOES NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, THE PARTIES AGREE THAT NO CLASS ACTION WILL BE ARBITRATED.
(f) Jurisdiction. For all Claims and matters subject to this Section 9, you and the Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts in Delaware for any Claims. All arbitration hearings will be held in Delaware.
(g) Time Limit for Making Claims. Any Claim you might have against the Company must be brought within one year after the Claim arose, or such Claim is barred.
(h) Waiver of Jury Trial. YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO A JURY TRIAL
- Notice and Procedure for claims of Copyright Infringement
If you believe that any Content, Postings or other materials or information displayed on or provided through the Websites, including through a link, infringes your copyright protected under the laws of the United States, then you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with an email at email@example.com (please use subject line “DMCA Notice”). See 17 U.S.C. § 512 for more information. To be effective, the notice must be in writing and contain the following:
(a) an electronic or physical signature of the person authorized to act on behalf of an exclusive copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Websites that is reasonably sufficient to enable the Company to identify and locate the material;
(d) how the Company can contact you, such as your address, telephone number and email address;
(e) 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; and
(f) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
You may also contact us by mail at attention: Intellectual Property Agent, 55 Carrier Drive, Toronto, Ontario, Canada, M9W 5V9.
Any communication sent to the Copyright Agent or to the Company for any purpose other than communication about copyright infringement may not be answered. The Company may terminate the accounts of repeat infringers under appropriate circumstances.
If you believe that any material you submitted that was removed or to which access has been disabled is not infringing, or that you have the authorization of the copyright owner, the copyright owner’s agent or pursuant to law, to post and use the material, then you may send a counter-notice containing the following information to the Copyright Agent:
(g) your physical or electronic signature;
(h) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
(i) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material; and
(j) your name, physical address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- Notice and Procedure for Claims of Intellectual Property Infringement
These Terms and Conditions prohibit users from violating another party’s intellectual property rights. For copyright claims based on copyrights owned by entities in the United States, intellectual property owners should follow the terms related to removal of copyrighted material as set forth in Section 10. For other intellectual property violations, rights holders may submit a valid notice of intellectual property infringement to the Company via email at firstname.lastname@example.org. A valid notice of infringement must identify the following:
(a) identification of the work claimed to have been infringed (e.g., trademark registration);
(b) identification of the material that is claimed to be infringing together with information sufficient to locate the allegedly infringing material on the Websites;
(c) your contact information, including your address, telephone number and a valid email address; and
(d) a statement by you that you have a good faith belief that use of the material is not authorized.
You may also contact us by mail at Attention: Intellectual Property Agent, 55 Carrier Drive, Toronto, Ontario, Canada, M9W 5V9.
By submitting a valid notice of infringement, you agree that we may provide your request to the user who posted the material addressed in your notice. Upon receipt of a valid notice of intellectual property infringement, the Company may remove or disable access to the allegedly infringing content at its sole discretion. The Company may terminate the accounts of repeat infringers under appropriate circumstances.
- Feedback and Submissions
The Company welcomes your general feedback and comments about the Websites, Content or the Company’s products and services. However, the Company and its employees are in constant development of new products, services, technologies, product enhancements, processes, materials, marketing and promotional plans, and product names. The Company does not accept or consider any suggestions, information, material or other ideas (collectively, “Submissions”) for use in any of its products or services or the Websites that have not been specifically requested by the Company. The Company asks that you refrain from making any such Submissions. If you ignore this request, any Submissions you make to Company will automatically become the property of the Company. By making a Submission, you assign all right, title and interest in and to such Submission to the Company. The Company will thereafter exclusively own all existing rights to such Submission. You acknowledge and agree not to contest the Company’s rights to use and disclose such Submissions in any manner and for any purpose, commercial or otherwise. You further acknowledge and agree that you will not be compensated for any Submission.
You agree to defend, indemnify and hold harmless the Company Parties from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses) arising from or relating to: (a) your access or use of the Websites or any Content; (b) any breach by you of these Terms and Conditions; (c) your violation of any third party right, including intellectual property, privacy or property right; or (d) any claim of a third party arising from your actions or inactions.
- Force Majeure
You expressly absolve and release the Company from any claim of harm resulting from a cause beyond the Company’s control, including failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, natural disasters, strikes or other labor problems, wars, acts of terrorism or governmental restrictions.
The Websites may allow consumers to download discount coupons from our Websites. All such coupon offers are subject to all of the rules and regulations stated thereon and on the portions of the Websites relating thereto, and all coupons are void where taxed, regulated or restricted. No coupons may be transferred or reproduced in any way. Attempts to circumvent or violate the limitations on any coupons or offers voids the coupon or offer.
- General Giveaway and Contest Rules
From time to time, we may give away prizes or run contests. Unless otherwise stated on the Websites or the specific rules applicable to a contest or giveaway, the following rules govern any prizes given away unless other terms apply:
(a) the prize or contest giveaway is sponsored and administered by the Company;
(b) prizes to be given away will be announced prior to the start of any particular giveaway or contest;
(c) prize winners will be selected randomly (or as described during the giveaway or contest) and announced at the conclusion of the giveaway or contest;
(d) you must be at least 18 years old and a Canadian or U.S. resident to participate in the giveaway or contest. Prizes may be limited to one prize per individual per giveaway or contest;
(e) the Company may substitute any prize for another prize of equal or greater value. Prizes are not transferable or redeemable for cash;
(f) the odds of winning will depend on the number of people participating in the giveaway or contest;
(g) you will be notified of the timing and method of prize delivery during the giveaway or contest;
(h) you agree to be bound by and comply with these rules and all decisions regarding the prize giveaway, which are final and binding;
(i) winners are responsible for any applicable taxes on the prizes;
(j) the Company is not responsible or liable for any telephone or electronic malfunctions, for any claims or losses related to use of a prize or participation in the giveaway, or any non-delivery or dissatisfaction with a prize;
(k) the prize giveaway or contest may be modified or terminated at any time and for any reason;
(l) no purchase is necessary to participate;
(m) contests and giveaways are void where prohibited, and subject to federal, provincial, territorial, state, and local laws; and
(n) if the giveaway was communicated via Facebook or other websites, then please note that the giveaway is not sponsored, endorsed or administered by, or associated with Facebook or the other websites. You agree to release the Company, Facebook, and any other websites that communicated the giveaway from any and all responsibility or liability in connection with the giveaway.
- Jurisdiction and Governing Law
These Terms and Conditions and, except as set out in Section 9, any dispute you may have relating to the Terms and Conditions or the Websites shall be interpreted and governed by the laws of Ontario and you agree to submit to the non-exclusive jurisdiction of the courts of the Province of Ontario except as otherwise provided explicitly herein.
(a) Equitable Relief. You acknowledge that any actual or threatened breach of these Terms and Conditions will cause irreparable injury to the Company, such injury would not be quantifiable in monetary damages, and the Company would not have an adequate remedy at law. You therefore agree that the Company is entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any actual or threatened breach of your obligations under any provision of these Terms and Conditions. Accordingly, you hereby waive any requirement that the Company post any bond or other security if any injunctive or equitable relief is sought by or awarded to the Company to enforce any provision of these Terms and Conditions.
(c) Waiver. Failure by the Company to insist on strict performance of any of the terms and conditions of these Terms and Conditions will not operate as a waiver by the Company of that or any subsequent default or failure of performance.
(d) Severability. If any provision (or part thereof) contained in these Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination will not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid or unenforceable clause will be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.
(e) Relationship. No venture, partnership, employment or agency relationship exists between you and the Company as a result of these Terms and Conditions or your access or use of the Websites.
All trademarks are owned by their respective owners.
PurPod100 TM and Company manufactured single serve coffee pods were not designed to work with VUE brewing systems. VUE® is a registered trademark of Keurig Green Mountain, Inc.
K-CUP® is a registered trademark of Keurig Green Mountain, Inc.
PurPod100TM, and Company manufactured single serve coffee pods are not affiliated with nor approved by Keurig Green Mountain, Inc.