1. GENERAL INFORMATION
1.1 About the Operator: This website is operated by PPE Cure LLC, 8605 Santa Monica Blvd., #31976, Los Angeles, CA 90069 duly incorporated in accordance with the Laws of the State of California (“PPEC”, “we”, or “us”) under the domain name: ppecure.com with all its sub-domains, pages and sub-pages (the “PPEC Marketplace”) accessible at https://ppecure.com/ (the “Website”).
1.2 About the PPEC Marketplace: PPEC Marketplace is an online marketplace to connect personal protective equipment (“PPE”) suppliers with businesses who may need PPE to open and operate safely.
PPEC Marketplace was created out of necessity to get PPE in the hands of those who need it most. We aim to bridge the gap between buyers and suppliers for easy access to PPE products.
PPEC Marketplace has a vetted list of suppliers and products in the system using which it can serve the buyer directly, as well as a broker seeking a trusted and reliable supplier.
This online marketplace provides the platform to serve a buyer, a broker and a supplier, operating as an intermediary body facilitating the transaction and handling the processing.
1.3 About the Terms of Use: These terms of use (as varied from time to time) (“Terms of Use”) govern the use of the Website and software provided on or in connection with the software and related services (“Services”) and will apply to all visitors, users and others who access it (“you”, “User(s)”). By accessing, browsing and/or using the Website, you will be deemed to have read, understood and agreed to these Terms of Use. If you do not wish to be bound by these Terms of Use, you must immediately discontinue accessing, browsing and/or using the Website and you must not access, browse and/or use the Websites or Services again in the future.
TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF PPEC TO YOU AND THAT INDEMNIFY PPEC AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT.
2. YOUR ACCOUNT
2.1 Registration: In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”), and provide the necessary information about your company including, but not limited to the Company Name, Street Address, EIN, Company Website, Contact person, Contact phone, ane Contact email and indicate whether you are a Supplier of PPE, Broker, or a Buyer looking to purchase PPE.
Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may choose to refuse your registration at our sole discretion.
When creating your account, you must provide accurate and complete information, and update it within 10 business days following any relevant change by editing the information on your Account or contacting us at support @ppecure.com.
2.2. Registration: In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”), and provide the necessary information about your company including, but not limited to the Company Name, Street Address, EIN, Company Website, Contact person, Contact phone, ane Contact email and indicate whether you are a Supplier of PPE, Broker, or a Buyer looking to purchase PPE.
Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may choose to refuse your registration at our sole discretion.
When creating your account, you must provide accurate and complete information, and update it within 10 business days following any relevant change by editing the information on your Account or contacting us at support @ppecure.com.
2.3 Safety: You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, symbols and are more than eight (8) characters in length) with your account.
You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
2.4 Privacy: By providing your email address to us you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services. If you do not want to receive such email messages, you may opt-out by unsubscribing from our mailing list. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. We will not be liable for any consequences of you unsubscribing and not receiving such email messages.
3. SUBSCRIPTION
3.1 Services and Pricing. PPE Marketplace Subscription offers (“Plans”) are available at our Website at: https://ppecure.com. You choose and subscribe for a particular Plan via our Website, which is a form of electronic contract. The subscription amounts are non-refundable.
3.2 Ordering. By ordering or renewing a Subscription, you agree to the Offer Details for that Subscription. Unless otherwise specified in those Offer Details, Online Services are offered on an “as available” basis. You may place orders for your Affiliates under this agreement and grant your Affiliates administrative rights to manage the Subscription, but Affiliates may not place orders under this agreement. You also may assign the rights granted under Section 1.a. to a third party for use by that third party in your internal business. If you grant any rights to Affiliates or third parties with respect to Software or your Subscription, such Affiliates or third parties will be bound by this agreement and you agree to be jointly and severally liable for any actions of such Affiliates or third parties related to their use of the Products.
3.3 Payments. Payments are due and must be made according to the Offer Details for your Subscription.
3.4 Taxes. Prices are exclusive of any taxes unless otherwise specified on the invoice as tax inclusive. You must pay any applicable value added, goods and services, sales, gross receipts, or other transaction taxes, fees, charges or surcharges, or any regulatory cost recovery surcharges or similar amounts that are owed under this agreement and which we are permitted to collect from you under applicable law. You will be responsible for any applicable stamp taxes and for all other taxes that you are legally obligated to pay including any taxes that arise on the distribution or provision of Products to your Affiliates. We will be responsible for all taxes based on our net income, gross receipts taxes imposed in lieu of taxes on income or profits, or taxes on our property ownership.
If any taxes are required to be withheld on payments you make to us, you may deduct such taxes from the amount owed to us and pay them to the appropriate taxing authority; provided, however, that you promptly secure and deliver an official receipt for those withholdings and other documents we reasonably request to claim a foreign tax credit or refund. You must ensure that any taxes withheld are minimized to the extent possible under applicable law.
4. TERMS OF USE OF THE PPE CURE MARKETPLACE
1. CONNECTIVITY AND APPLICATION
4.1 User shall establish and maintain appropriate and necessary hardware and software to ensure proper functioning and connectivity with the PPEC Platform.
2. SECURITY
4.2 The User agrees and undertakes to maintain all security regarding their account ID, password, and connectivity with the PPEC Platform.
4.3 The User shall maintain the confidentiality of any login and password information provided by PPEC and safeguard it with at least the same standard of care the User exercises in the protection of their own login and password information.
4.4 PPEC has the right to suspend the provision of the Services at any time in case of suspected data breach and begin an internal procedure to identify and analyze the reasons for a said procedure to restore the quality of the Services rendered. At the same time, PPEC shall immediately notify the User of such subsequent suspension of Services.
4.5 The User is liable to PPEC for any damages and losses, including the loss of profits sustained by PPEC which are a result of a security breach or improper use of the PPEC Platform by the User due to the User’s malice or negligence.
4. OPERABILITY OF THE SYSTEM AND TECHNICAL SUPPORT
4.6 PPEC guarantees that the Software Solutions will be functional and accessible 99% of the time in any given calendar month, excluding Maintenance Windows. PPEC will be liable for any downtime or defects that render the User’s application or platform unusable due to the issues and bugs arising from the Software Solutions and will provide service credits pro-rata to the current billing cycle for each day(s) where the issue persists. PPEC, however, will not be liable for any downtime that the User experiences as a result of its own network connectivity issues or issues and bugs arising from their own software or hardware. If the User experiences a service outage and is unable to access or utilize the Software Solutions, the User must contact PPEC’s support providing any/all necessary information that may assist PPEC in determining the cause of the outage. PPEC hereby agrees to notify the User within 5 business days of any planned maintenance windows.
4.7 PPEC shall provide the User with full email, phone and remote support as required. The User shall notify PPEC of any issues by email. MEPPEC undertakes to provide the necessary information and technical support to the User and ensure the System’s proper functioning except for planned technical interruptions required to perform maintenance of the System.
5. OUR SERVICES
5.1 General description: PPEC Marketplace provides a place where demand and supply of the PPE meet. Our searchable database matches an order with available and vetted supply from multiple suppliers. We perform due diligence on suppliers to accelerate procurement and sourcing to ensure quality.
5.2 Services by Account Type: Each User may register one or more User accounts, depending on what role they intend to play in the PPEC Marketplace in case of a specific transaction or multitude of transactions.
– Buyer: A buyer may place an order for a specific quality and quantity of various types of PPE, choose between different suppliers, communicate with them via PPEC Marketplace live chat, and proceed with a transaction
– Broker: A broker may broker transactions between Buyers and Suppliers using the PPEC Marketplace online chat.
– Supplier: May list their stock of PPE (inventory MGMT), respond to messages by Buyers and Brokers and proceed with transactions via PPEC Marketplace.
User has a dedicated user dashboard (for Supplier, Broker and Buyer) for managing billing, sending estimates and invoices, viewing order status of on-going orders in a cycle, viewing past order history, adding products and managing inventory including live chat communication and access to PPEC support via email or phone and ability to manage automated billing and invoicing for users as per their billing cycle (monthly subscription etc.)
5.3 Service Rules
– Non Circumvention: You acknowledge and agree that a substantial portion of the compensation PPEC receives for making the Website and Services available to you is collected through the Service Fee and that in exchange a substantial value to you is the relationships you make with other Users through the Website or Services. Therefore, from the date of your Account registration and another 6 months following the deletion of your Account (the “Non-Circumvention Period”), you agree to use the PPEC Marketplace as your exclusive method to request, make, and receive all payments directly or indirectly with other Users in relation to any purchases or other transactions involving PPE. If you use the Website as an employee, agent, or representative of another business, then the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business or its successor when acting in that capacity with respect to the other User.
You acknowledge and agree that a violation of any provision in this Section is a material breach of the Terms of Service. Your Account may be permanently suspended and charged the contractual penalty of 10,000 USD.
You further agree not to engage in any of the following prohibited activities:
– copying, distributing, or disclosing any part of the Website or the Services in any medium, including without limitation by any automated or non-automated “scraping”;
– using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional, reasonable, human method of access, such as a web browser;
– transmitting spam, chain letters, or other unsolicited emails;
– attempting to interfere with, compromise the system integrity, privacy or security or decipher any transmissions to or from the servers running the Service;
– taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
– uploading invalid data, viruses, worms, or other software agents through the Service;
– collecting or harvesting any personally identifiable information, including account names, from the Website or Service;
– impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
– interfering with the proper working of the Website or Services;
– accessing any content on the Website or Services through any technology or means other than those provided or authorized by us;
– bypassing the measures we may use to prevent or restrict access to the Website or Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; or
– committing any illegal act or omission, behaving inappropriately towards or with other Users, organizations or individuals, or breaching or impacting the privacy of other Users or individuals.
We may, without prior notice, change the Website or Service; stop providing the Services or features of the Service, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice if in our sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination, you continue to be bound by these Terms of Use.
You are solely responsible for your interactions with other Users of the Website or Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no responsibility or liability for your interactions with other Users, or for any User’s action or inaction.
6. YOUR RESPONSIBILITIES
We do not control, verify, or endorse any records that you make available over the Website, and you acknowledge and agree that you shall be solely responsible and liable for any use of or access to your account and any data, content, or information contained therein.
You agree to only post information:
(i) that you have the lawful right to use, copy, distribute, transmit, or display; and
(ii) that do not infringe upon the law or rights of others.
You further agree not to upload, transmit, distribute, or make available information that:
– create a risk of or actual or threatened harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
may create a risk of, or actual or threatened, loss or damage in any other form to any person or property;
– seek to harm or exploit or actually harm or exploit children by exposing or threatening to expose them to inappropriate content, asking for personally identifiable details or otherwise;
– may constitute or contribute to a crime or tort or violate any law, rule, or regulation;
– contain any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, discriminatory, invasive of privacy or publicity rights, harassing, bullying, humiliating or offensive to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable;
– contain any information or content that is illegal (including, without limitation, the disclosure of insider information under corporations or securities law or of another party’s personal information, intellectual property, confidential information or trade secrets);
– contain any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
– contain any information or content that you know is not correct and current.
– For the purposes of these Terms of Use, “Intellectual Property Rights” means all industrial and intellectual property rights throughout the world including all copyright right and analogous rights, rights in relation to inventions or discoveries, including patent rights, designs, circuit layouts, trade names, brand names and registered and unregistered trademarks, including service marks and moral rights.
7. PRIVACY AND COMMUNICATION
7.1 We provide functionality that allows you to send requests for offers and/or offers, share information about your stock and communicate directly with other Users via Online Chat function on the Website. As part of our matching requests, you explicitly permit the sharing of your email address and other information with those Users to whom you have been matched.
7.2 How you interact with others: We take no responsibility and assume no liability for any interaction you have with other users. You are solely responsible and liable for the information you post and share and the consequences of sharing or transmitting such content and information, and you agree that we are only acting as a passive conduit for your distribution and transmission of your requests. You understand and agree that we shall not be responsible or liable for any damages, costs or losses you incur as a result of any requests.
7.3 MINIMUM REQUIREMENTS The minimum hardware/software requirements to utilize the Website are an Internet-connected computing device with a web browser that has JavaScript enabled. It is your sole responsibility to ensure that your device meets and continues to meet the minimum requirements.
We may make available software to access the Services via a mobile device (“Mobile Software“). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. We do not represent nor warrant that the Mobile Software will be compatible with your mobile device.
8. PROHIBITED USE
You may not:
– modify, disassemble, decompile or reverse engineer the Website, except to the extent that such restriction is expressly prohibited by law;
– rent, lease, loan, resell, sub-license, distribute or otherwise transfer the Mobile Software to any third party or use the Website to provide time-sharing or similar services for any third party;
– make any copies of the Website;
– remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
– delete the copyright and other proprietary rights notices on the Website.
You acknowledge that we may from time to time issue upgraded versions of the Website, and may automatically electronically upgrade the version of the Website that you are using on your device. You consent to such automatic upgrading on your device and agree that the terms and conditions of these Terms of Use will apply to all such upgrades. Any third-party code that may be incorporated in the Website is covered by the applicable open source or third-party licence EULA, if any, authorizing the use of such code. The foregoing licence grant is not a sale of the Website or any copy thereof, and we or our third-party partners or suppliers retain the all right title and interest in the Website (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Use, is void. We reserve all rights not expressly granted under these Terms of Use.
9. OUR PROPRIETARY RIGHTS
The Website, Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and information belonging to other Users (the “Content“), and all Intellectual Property Rights related thereto, are now and will remain the exclusive property of us and its licensors.
Except as expressly provided herein, nothing in these Terms of Use shall be deemed to create a licence in the Content or under any Intellectual Property Rights. You agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content. Use of the Content for any purpose not expressly permitted by these Terms of Use is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Services or our products (“Ideas“).
By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation or consultation with you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by its employees, or obtained from sources other than you.
10. TERMINATION AND DELETION
We may terminate your access to the Website and/or delete your Account, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. NO PROFESSIONAL ADVICE
Any professional information (for example but not limited to medical, legal, or financial information) made available on the Service, including without limitation any information contained within any records or templates, is for informational purposes only and is not intended to be nor should it be construed as professional advice. We are not responsible or liable for any professional information made available on the Website or the Services and no action should be taken in regards to any professional information contained on the Website or in the Service. Users should seek independent professional advice from a person who is licenced and/or qualified in the applicable area before relying on any information found on the Service.
12. PRIVACY
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure and handling of personally identifiable information and aggregate data as set forth in our Privacy Policy.
You represent to us that you are now and will remain in compliance with all applicable privacy laws and you have obtained all necessary rights and consents under applicable laws to:
– disclose personal information to us; or
– allow us to collect, use, retain and disclose any data or personal information that you provide to us or authorize us to collect, including information that we may collect directly from you or other individuals via cookies or other means, and that we will not be in breach of any such laws by collecting, receiving, using and disclosing such personal information in connection with the Service.
If you receive information about others, through the use of the Service, you must keep such information confidential, observe the privacy of that information and those individuals, and only use it in connection with the Service. You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the User to do so.
13. SECURITY
We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings and meets and will continue to meet its privacy and data security and reporting obligations. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or will never be able to use your personal information for improper purposes.
If you upload or transmit confidential, personal information, trade secrets, or other sensitive or restricted content on the Service, you are solely responsible for implementing safeguards beyond the security measures provided by us. You acknowledge that you upload or transmit this information at your own risk.
14. THIRD-PARTY LINKS
The Website or Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that neither these Terms of Use or our Privacy Policy applies to your use of such sites, advertisements, services, special offers, events or activities.
You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we are not responsible or liable for any loss or damage of any sort relating to your dealings with such third parties.
15. INDEMNITY
To the maximum extent permitted by law, you agree to indemnify and forever hold us, our associates, related bodies corporate, representatives including directors, officers, employees, agents, contractors and subcontractors harmless from any claim or demand made by any third party due to or arising out of:
– your use of and access to the Service, including any personal information, data or content transmitted or received by you or through your account;
– your violation of any term of these Terms of Use, including without limitation your breach of any of the representations and warranties above;
– your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
– any violation of any applicable law, rule or regulation by you or by any User or any violation of the rights of a third party;
– any other party’s access and use of the Services with your unique username, password or other appropriate security code.
Each indemnity in these Terms of Use is a continuing obligation, separate and independent from your other obligations and survives termination of these Terms of Use.
16. DISCLAIMER OF WARRANTY
While we make and strive to provide secure and continuous connectivity and internet access, we will not be responsible or liable for any direct or indirect loss or consequential damage, including among other things, have occurred as a result of any events or acts leading to interruptions in internet connectivity, the transmission of signals, server breakdown, systems crashing, hacking, servicing and other events or acts.
You will not hold us responsible for Users’ actions or inactions, including acts or things as a result of which there may be a loss of connectivity and/or loss of data furnished.
Further, while secure and continuous access to the Websites is sought to be provided. We do not guarantee continuous or secure access to the Websites and operation of the Websites, as the same may be interfered by numerous factors outside our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions in relation to the use or access of the Websites.
We and our associates, related bodies corporate, representatives including directors, officers, employees, agents, contractors and subcontractors are not liable for any loss, including any special, indirect or consequential loss or damages arising out of your use of the Website.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
18. GOVERNING LAW AND JURISDICTION
The use of the Websites, Services and these Terms of Use will in all respects be governed by and construed in accordance with the Laws of the State of California (notwithstanding the conflict Laws of the State of California) and the applicable federal laws therein.
THIS PARAGRAPH CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE THE RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW CAREFULLY.
Any dispute, controversy or claim arising out of or relating to these Terms of Use, including any disputes relating to the content of Websites, the Products and/or the provision of Services, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by a competent court in the state of California.
Any claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum.
19. ASSIGNMENT
These Terms of Use, and any rights and licences granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
20. VARIATION
We may vary these Terms of Use at any time upon our sole discretion unilaterally. In the event that we vary these Terms of Use, We will provide notice by publishing the varied Terms of Use on the Website. You accept that by doing that, we will have provided you with sufficient notice of the variation of the Terms of Use and that you will be bound by the Terms of Use as varied.
21. ENTIRE AGREEMENT / SEVERABILITY
These Terms of Use, together with any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service.
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
22. NO WAIVER
The failure, delay, relaxation or indulgence on the part of us in exercising any power, right or remedy conferred upon us by these Terms of Use will not operate as a waiver of that power, right or remedy, nor will the exercise or any single or partial exercise of any power, right or remedy preclude any other or further exercise of such power, right or remedy or the exercise of any other power, right or remedy in these Terms of Use.
23. CONTACT
Please contact us with any questions regarding these Terms of Use.
Email: support @ppecure.com.