Last Updated: February 27, 2019
YOUR ACCOUNT AND RESPONSIBILITIES
To use the App and/or most Services offered under these Terms, you’ll need to register as a User for an account (“Account”). You agree to ensure that your User information is accurate and kept up to date. Accounts are available only to adult individuals 18 years of age or older and have the necessary power and authority to enter in these Terms. By accepting these Terms, you affirm that you are at least 13 years old, and, if you are under 18 years old, that your parent or legal guardian has given you permission to use the Service and agrees on your behalf to the Terms. If you are under the age of 13, do not use the Service. You agree to accept full responsibility of all obligations under these Terms for the actions of any user of an Account authorized or created by you.
If you create an Account, you will be asked to create a password and a user name upon completing the registration process ("Access Credentials"). It is solely your responsibility to maintain the security of your Access Credentials. You agree that Pura Scents shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your Access Credentials by a third party. You shall not allow any other person to use any Service or the Apps via your Access Credentials. You agree to ensure that you exit from your Account at the end of each session.
Pura Scents may suspend, terminate, modify, or delete any Account at any time for any reason, with or without notice to you. Most Account suspensions, terminations, and/or deletions are the result of violations of these Terms or are a result of an abandoned Account.
DATA AND PRIVACY
We may track web traffic origination and patterns for visitors to our Services, and we may analyze this data for trends and statistics in the aggregate, but this information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use this aggregate information to analyze trends, administer the Service, track users’ movement, and gather broad demographic information for aggregate use.
We may collect data that is defined as Personally Identifiable Information (“PII”) by the U.S. Family Educational Rights and Privacy Act (“FERPA”). We’ll use that PII only for the purpose of fulfilling our responsibilities to deliver the Service, and will not monitor, share, or disclose any such PII to any third party except as provided for in these Terms, as required by law, or as authorized in writing by you. You agree that de-identified data, from which all PII-qualifying identifiers have been removed in accordance with FERPA definitions, is not PII and may be used for lawful purposes.
TRANSMISSIONS, SUBMISSIONS AND POSTINGS TO THE SITE
You and/or the Users to which you have granted access to Pura Scents Services, may be able to post user-generated content, such as comments, answers or reviews ("User Generated Content") in the Services.
The user of the Account posting such User Generated Content will remain the owner of the User Generated Content. You are responsible for the User Generated Content you have posted and for all User Generated Content that is posted from any Account authorized or created by you.
For all User Generated Content, you represent and warrant that (i) the poster has the right to post the User Generated Content, (ii) neither Pura Scents' nor any third party's rights, laws, statutes, ordinances or regulations, e.g. COPPA, FERPA, CalOPPA, etc., will be violated by such posting, (iii) you are not being compensated for the posting; and (iv) the User Generated Content (a) is not harmful, trade libelous, fraudulent, threatening, abusive, harassing, defamatory, pornographic, obscene, explicit or vulgar, libelous, or otherwise injurious, objectionable or offensive or that infringes on Pura Scents’ or any third party's rights of publicity or privacy, (b) does not make the security of your Account, Apps, and/or Services vulnerable in any way, (c) does not contain any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots, ransomware, malware, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (f) does not contain or constitute chain letters, mass mailings, political campaigning, or any form of "spam," (g) does not contain information that is false, inaccurate or misleading and (h) does not include or constitute commercial advertisements or solicitations. You acknowledge that Pura Scents and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Generated Content or material that is available through the Apps and/or Services.
By posting User Generated Content, you grant Pura Scents an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Generated Content for any purpose, commercial, advertising, or otherwise, on or in connection with Pura Scents, Apps, and Services, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Generated Content, and to grant and authorize sublicenses of the foregoing. You also hereby grant each User of an Account, App, and/or Service a worldwide, non-exclusive, fully paid, royalty free, worldwide license to use, copy, publicly perform, publicly display, host, reformat, edit, translate, excerpt (in whole or in part) any User Generated Content submitted by you during each such User's use of the Account, Apps, and/or Services.
Although Pura Scents does not regularly review transmissions, submissions or postings, Pura Scents reserves the right (but not the obligation) to review, edit, refuse to post or remove User Generated Content.
You are solely responsible for all your transmissions, submissions or postings and the consequences of transmitting, submitting or posting them.
You irrevocably waive any and all claims and assertions of moral rights or attribution with respect to User Generated Content as against Pura Scents.
CODE OF CONDUCT
By accessing or using the Service or any other feature provided through the Service, including but not limited to, User Generated Content, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:
Use the Service in breach of these Terms;
Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or use or access to the Service;
Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;
Impersonate another person or entity;
Promote, solicit, or participate in any multilevel marketing or pyramid schemes;
Solicit PII from or exploit any individual under eighteen (18) years of age;
Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated to a forum’s designated topic or theme;
Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Service;
Gain unauthorized access to any computer system or nonpublic portion of the Service or interfere with or disrupt the Service, servers, or networks connected to the Service;
Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Service’s users;
Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.
Pura Scents cannot and does not assure that other users are or will be compliant with the foregoing Code of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
The Service and App may offer features and services that are available to you via your mobile phone. These features and services may include, without limitation, the ability to upload content to the Service, receive messages from the Service, download applications to your mobile phone or access Service features (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. You are responsible for any mobile data fees and other third-party charges you may incur (for example, fees that may be charged by your carrier) in connection with your access, download and use of the Mobile Features. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Mobile Features available. You shall provide all equipment and software necessary to connect to the Mobile Features, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Service. Pura Scents will not be liable for any delays in the receipt of any User Generated Content, as delivery is subject to effective transmission from your network operator.
Pura Scents does not warrant that the functions or features of the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components. Pura Scents does not make any representations or warranties regarding the use of the Service in terms of its correctness, accuracy, reliability, or otherwise. Interruptions of the Service will occur from time-to-time for many reasons, such as outages and/or periodic maintenance being performed. You understand and agree that the usage of the Service is at your own discretion and risk. You will be solely responsible for any damages or loss of data that results from such use.
We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to these automatic Updates. If you do not want such Updates, your remedy is to terminate your account and stop using the Service. If you do not terminate a previously created account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Service and you agree to promptly install any Updates we provide. Your continued use of the Service is your agreement to these Terms with respect to the Service.
You acknowledge that you have verified the compatibility of the Device with other equipment in your home (e.g. electrical). You are solely responsible for determining the compatibility of the Device with other equipment in your home, and you accept that lack of compatibility is not a valid claim under any applicable warranty and does not otherwise constitute a basis for receiving a refund.
There may be laws in the jurisdiction that you install a particular Device applicable to where and how to install that Device. You should check that you are in compliance with all relevant laws in your jurisdiction. We are not responsible for any injury or damage caused by self-installation. You should do your own diligence of the installers to select one that best fits your needs.
The Service may contain links to sites on the Internet that are owned and operated by third parties (the “External Sites”). Even if the third party is affiliated with Pura Scents, Pura Scents has no control over these External Sites, all of which have separate privacy policies, data collection practices and terms and conditions independent of Pura Scents. Pura Scents has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices, the terms and conditions or the content of such External Sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Pura Scents sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
If you determine to share any information about any Pura Scents products through a social network platform, including through links provided by Pura Scents through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows you to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by Pura Scents, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform. You expressly acknowledge and agree that we in no way are responsible or liable for any such External Sites or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third party services and such services may interact with, connect to or gather and/or pull information from and to your Service profile. By using such services, you acknowledge and agree to the following: (i) if you use a third party service to share information, you are consenting to information about your profile in the Service being shared; (ii) your use of the third party service may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your use of the third party service is at your own option and risk, and you will hold us harmless for activity related to that third party service.
SALE OF PRODUCTS TO END USERS ONLY
If you wish to purchase or lease a Device or other product through the Service, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to us (or our third-party payment processor) will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We only sell or lease Devices, Subscriptions or products to individuals who can purchase with a permitted payment method. You are permitted to purchase or lease only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to resale. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, lease, possession and use of any Device or products ordered via the Service. Pura Scents sells and leases its Device and fragrance refills (collectively “Products”) from the site to end-user customers who enroll in a monthly subscription to receive the Products (“Subscription(s)”) only for their own personal, non-commercial use. You may not purchase or lease Products or Subscriptions with the intent to further distribute or resell or for any other commercial or business purpose. We reserve the right to limit the quantity of Subscriptions purchased or leased per person, per household or per order. The Subscription and all rights and privileges conferred are personal and non-transferable. We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.
Products and Subscriptions offered by Pura Scents through the website and App are only an offer to conclude a sales contract or enter into a contract with an annual lease term. Such contracts are only concluded upon the confirmation of the order by e-mail by Pura Scents to You. The total price of your order will be reflected on the final checkout page. An order receipt shall be sent to the email address you provided during sign up showing the final total price (or monthly price in the case of a lease) as well. The net price for Products and Subscriptions can be found on Pura Scents’ then-current pricing page. Pura Scents reserves the right to change the prices and fees for Products and Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
SUBSCRIPTION TERMS AND SUBSCRIPTION CANCELLATION POLICY
IMPORTANT NOTICE TO CONSUMER: Pura Scents is a month-to-month, cancel-at-any-time, subscription unless you elect to lease a Device rather than purchase. Your Subscription is billed month-to-month and may be cancelled at any time (unless your Subscription is governed by our lease terms set forth in more detail below) by logging on to your account within www.trypura.com or the App. Cancellation requests received from non-leasing customers after the first of the month may take effect the following month due to Our automatic system policies. If you have any problems, please email email@example.com. Pura Scents requires a reasonable amount of time to process your Subscription cancellation request. If you cancel your Subscription and are not leasing a Device, you will enjoy your Subscription benefits until the end of the then-current Subscription term, and your Subscription benefits will expire at the end of the then-current Subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription term. There are absolutely no early termination fees or any other fees of any kind associated with cancelling a Subscription not associated with the lease of a Device.
LEASE TERMS, RETURNS AND CANCELLATION POLICY
IMPORTANT NOTICE TO CONSUMERS WHO LEASE A DEVICE: Pura Scents allows you to elect to lease a Device (“Device Lease”) by making monthly payments in an amount displayed at the time of check-out or in your order confirmation email (i.e., $6 per month). Your Device Lease, along with your Subscription, is billed monthly. You may cancel your Device Lease by logging on to your account within www.trypura.com or the App and notifying us. If you do not cancel your Device Lease, a new Device will be shipped to you after the two-year-anniversary of the Lease Effective Date. If you wish to terminate your Device Lease prior to the two-year-anniversary of the Lease Effective Date, you may do so by logging on to your account within www.trypura.com or the App and notifying us, but the following fees and/or obligations will apply: (i) Once notice of cancellation is received, you are obligated to return the applicable Device to us at your expense. If you have any problems, please email firstname.lastname@example.org. Pura Scents requires a reasonable amount of time to process your Subscription cancellation request. If you cancel your Device Lease, your Subscription benefits will expire when your Device Lease ends. You will not be eligible for a prorated refund of any portion of the Subscription fees paid for any unused days. If you fail to return an applicable Device within 14 days of cancellation of a Device Lease, you hereby agree that Pura Scents may charge your credit card or other payment method $79 for the Device.
OPERATION OF THE SERVICE – DISCLAIMER
Pura Scents endeavors to maintain the Service and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Service or its operation. AS TO THE OPERATION OF THE SERVICE, PURA SCENTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PURA SCENTS MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. You (and not Pura Scents) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of using the Service. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. You use the Device at your own discretion and risk. You will be solely responsible for (and Pura Scents disclaims) any and all loss, liability or damages resulting from your use of the Device, including damage or loss to your electrical system, plumbing, home, Device, other peripherals connected to the Device, computer, mobile device, and all other items and pets in your home.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PURA SCENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PURA SCENTS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS, AND MATERIALS AVAILABLE FROM OR THROUGH THE SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
If the foregoing limitation of liability is held to be unenforceable, the maximum liability to you shall not exceed the amount paid by you for the Service. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusion may not apply to you to the extent such jurisdiction’s law is applicable to these Terms. If the law applies to you and your use of the Service does not permit the waiver by you of any rights or remedies, these Terms do not require you to waive any of such rights.
You agree to indemnify, defend, and hold harmless Pura Scents, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages (actual and consequential) and costs, including reasonable attorneys’ fees, resulting from any violation by you of the Terms, your use of the Service (including negligent or wrongful conduct) and/or the use of the Service by any other person using your Device or Account.
APPLICABLE LAW AND DISPUTES
We want to address your concerns without needing a formal legal proceeding. Before filing a claim against Pura Scents, you agree to try to resolve the dispute informally by contacting email@example.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Pura Scents may bring a formal proceeding. You and Pura Scents agree that any judicial proceeding to resolve claims relating to these Terms or the Service will be brought in the federal or state courts of Salt Lake County, Utah, unless otherwise required by applicable law of any other jurisdiction. Both you and Pura Scents consent to venue and personal jurisdiction in such courts. These Terms will be governed by Utah law except for its conflicts of laws principles, unless otherwise required by applicable law of any other jurisdiction.
PURA SCENTS INTELLECTUAL PROPERTY RIGHTS
Except your User Generated Content, to the extent any exists, the content in the Services, including without limitation, the trademarks, copyrights, text, software, graphics, scripts, photos, music, videos, and the like ("Content"), is owned by or licensed to Pura Scents and is subject to trademark, copyright and other intellectual property laws of the United States and foreign countries. Content in the Apps and Services is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Pura Scents, which permission may be withheld in Pura Scents sole discretion. Pura Scents reserves all rights not expressly granted in and to the Site, Apps, Software, Services and Content. Pura Scents makes no claim to any third-party names, trademarks or service marks appearing on the Site or Apps or through the Services. Any third-party names, trademarks, and service marks are property of their respective owners.
You shall be solely responsible for any damage resulting from an you or an Account authorized or created by you of Pura Scents or any third party's intellectual property rights regarding the Content and/or any other harm incurred by Pura Scents or its affiliates as a direct or indirect result of you or an Account authorized or created by you copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Pura Scents respects the intellectual property of others, and we ask our users and visitors to do the same. Pura Scents will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Pura Scents will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pura Scents the following information. Please be advised that to be effective, the notification must include ALL of the following
a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located;
your address, telephone number, and email address and all other information reasonably sufficient to permit Pura Scents to contact you;
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 by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
815 W. 1250 S.
Orem, UT 84058
MODIFICATION OF TERMS
From time to time, Pura Scents may change these Terms. When we do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing these Terms. Your continued use of the Service following the posting of changes to the Terms indicates your acceptance of those revisions.
VIOLATIONS OF TERMS
In addition to any legal remedies that Pura Scents may have for your violation of these Terms, your failure to follow these Terms, whether listed in these Terms or communicated on or through the Service, may result in suspension or termination of your access to the Service without notice.
No failure on the part of Pura Scents to enforce any part of the Terms shall constitute a waiver of any of Pura Scents’ rights under the Terms whether for part or future actions on the part of any person. Neither the receipt of any funds by Pura Scents nor the reliance of any person on Pura Scents’ actions shall be deemed to constitute a waiver of any part of the Terms. Only a specific, written waiver signed by an authorized representative of Pura Scents shall have any legal effect whatsoever.
RELATIONSHIP OF THE PARTIES
The contributions provided by you are not to be considered as representative of the views of Pura Services or any of its subsidiaries or affiliates. In addition, no confidential or other relationship, fiduciary or otherwise, exists between you and Pura Scents.
When you use the Service or send e-mails to us, you are communicating with us electronically. We may in our discretion communicate with you electronically, including but not limited to, by posting notices through the Service or by responding to your e-mail. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The paragraph headings in these Terms are only for convenience and have no legal effect.
If any section or sections of these Terms are held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, such holding shall not in any way affect the enforceability of the remaining sections.