READ THIS AGREEMENT CAREFULLY BEFORE USING ANY PUREPORT SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN PUREPORT AND YOU, INCLUDING ANY PUREPORT CUSTOMER, USER, OR WEBSITE VISITOR, (collectively referred to herein as “Customer”).
- ELECTRONIC COMMUNICATIONS
When you access the Pureport Sites or send e-mails to Pureport, you are communicating with us electronically. You consent to receive communications from Pureport electronically. We will communicate with you by e-mail or by posting notices on the Pureport Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the Pureport Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Pureport or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Pureport Sites is the exclusive property of Pureport and protected by U.S. and international copyright laws. All software used on the Pureport Sites is the property of Pureport or its software suppliers and protected by United States and international copyright laws.
“Pureport”, “the Network as a Service Company” and other Pureport graphics, logos, page headers, button icons, scripts, and service names are trademarks/servicemarks, registered trademarks/servicemarks or trade dress of Pureport Networks in the U.S. and/or other countries. Pureport trademarks and trade dress may not be used in connection with any product or service that is not Pureport’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pureport. All other trademarks not owned by Pureport that appear on Pureport Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pureport.
One or more patents owned by Pureport Networks, Inc. or its affiliates may apply to the Pureport Sites and to the features and services accessible via the Pureport Sites. Portions of the Pureport Sites may operate under license of one or more patents protected by United States and international patent laws.
- LICENSE AND SITE ACCESS
- YOUR ACCOUNT
In the future, should Pureport grant you access to use Pureport Sites, you are responsible for maintaining the confidentiality of your Pureport account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Pureport reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion. In addition, if your Pureport account is used access and engage the features and functions of any current or future Pureport services, you also will be subject to the Agreement.
- REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Should you be granted access to Pureport granted access to Pureport Sites, users may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Pureport reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Pureport a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pureport and sublicensees the right to use the name that you submit in connection with such content, if they choose. At Pureport’s sole discretion, you and third parties may be permitted to upload certain software, data, text, audio, video, images or other content (“Third Party Content”) to areas of the Pureport Sites. You acknowledge that (a)Pureport has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and Copyrighted Third Party Content may be subject to separate license terms as determined by the person posting such content. You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pureport for all claims resulting from content you supply. Pureport has the right but not the obligation to monitor and edit or remove any activity or content. Pureport takes no responsibility and assumes no liability for any content posted by you or any third party.
- COPYRIGHT COMPLAINTS
Pureport respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PUREPORT SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ARE PROVIDED BY PUREPORT ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. PUREPORT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PUREPORT SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PUREPORT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PUREPORT DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PUREPORT SITES; ITS SERVERS; OR E-MAIL SENT FROM PUREPORT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUREPORT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PUREPORT SITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PUREPORT SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- APPLICABLE LAW
Any dispute relating in any way to your visit to the Pureport Sites or to services provided by Pureport or through the Pureport Sites in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $1,000 shall be adjudicated through the Raleigh Superior Court system, North Carolina, and you consent to exclusive jurisdiction and venue in such courts.
- MODIFICATION AND SEVERABILITY
305 Church at North Hills
Raleigh, NC . 27609