Welcome to the PureCommand, LLC (www.purecommand.com) website. PureCommand, LLC (“PureCommand”) maintains this site (“Site”) for the purposes of sharing information about our products, related education, and client/publisher communication.
TERMS AND CONDITIONS
Use of Site
The Site is owned and operated by PureCommand and contains material that is derived in whole or in part from material supplied and owned by PureCommand and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software. During your visit, however, you may download material displayed on the Site for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). PureCommand neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with MJ Corp or PureCommand. PureCommand reserves the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.
BY USING THE SERVICE OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE.
Some functions of our Service, such as licensing our “cloud based” software requires registration for an Account by selecting a unique username (“User ID”) and password (“PW”), and by providing certain personal information. If you select a User ID that PureCommand, in its sole discretion, finds offensive or inappropriate, PureCommand has the right to suspend or terminate your Account. You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, and (c) immediately notify PureCommand of any unauthorized use of your User ID and/or password. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. PureCommand will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section. You agree that PureCommand may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your Account and your User ID, and remove or discard from the Site any Content associated with your Account and User ID. Grounds for such termination may include, but are not limited to, (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms of Service, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, or the business interests of PureCommand. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim against PureCommand, or a claim which in any way involves PureCommand, then PureCommand may terminate your Account. You may only use the Service and/or open an Account if your applicable jurisdiction allows you to accept these Terms of Service.
THE SERVICES AND PRODUCTS PROVIDED BY PURECOMMAND ARE MADE AVAILABLE “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY PURECOMMAND OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, PURECOMMAND DOES NOT WARRANT THAT THE SERVICE, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF EITHER SERVICES OR PRODUCTS REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
Your use of, and browsing in, the site is at your own risk. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the site, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge that your use of the site and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. You assume responsibility for the entire cost of all necessary maintenance, repair or correction to your computer system or other property. In no event shall PureCommand, subsidiary companies or its affiliates or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the site or with the delay or inability to use the site, or for any information, software, products and services advertised in or obtained through the site, PureCommand’s removal or deletion of any materials or records submitted or posted on its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if PureCommand or any of its affiliates or suppliers has been advised of the possibility of damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that PureCommand, its parent or subsidiary companies, affiliates or suppliers shall not be liable for any defamatory, offensive or illegal conduct of any user of the site.
Links to Third Party Sites
The links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of PureCommand in any manner whatsoever. Therefore, PureCommand is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. PureCommand is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by PureCommand of any linked site and/or any of its content therein.
Use of Site
PureCommand is providing you with a temporary “right of use” license relative to the content, activities, applications, and content contained within the site. This license will terminate as set forth herein or if you fail to comply with any term or condition described herein. In such event, no notice shall be required by PureCommand to effect such termination.You agree not to:
- upload, post, email, text, tweet, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- use the Site to harm minors in any way;
- use the Site to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
- remove any proprietary notices from this Site;
- cause, permit or authorize the modification, creation of derivative works, or translation of the Site without the express permission of PureCommand, or the original owner of any content in question;
- use the Site for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
- use the Site for fraudulent or illegal purposes;
- attempt to decompile, reverse engineer, disassemble or hack the Site, or to defeat or overcome any encryption technology or security measures implemented by PureCommand with respect to the Site and/or data transmitted, processed or stored by PureCommand;
- harvest or collect any information about or regarding other Account holders, including, but not limited to any personal data or information;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “spoof,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- use the Site to intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
- use the Site to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- use the Site to “stalk” or otherwise harass another;
- and/or use the Site to collect or store personal data about other users in connection with the prohibited conduct and activities set forth herein.
You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not PureCommand, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. PureCommand does not control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will PureCommand be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
You acknowledge that PureCommand may or may not pre-screen Content, but that PureCommand and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available on the Site. Without limiting the foregoing, PureCommand and its designees shall have the right to remove any Content that violates this Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PureCommand or submitted to PureCommand, including without limitation information in PureCommand Forums and in all other parts of the Site.
You acknowledge, consent and agree that PureCommand may access, preserve and disclose your Account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of PureCommand, its users and the public.
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. PureCommand will NOT be responsible or liable for any loss and/ or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Site.
FAQs / Message Boards / Bulletin Boards
The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others (“Post” or “Postings”). Postings do not reflect the views of PureCommand; and PureCommand does not have any obligation to monitor, edit, or review any Postings on the Site. PureCommand assumes NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. PureCommand will fully cooperate with any law enforcement agencies or a court order requesting or directing PureCommand to disclose the identity of anyone posting any such information or materials.
Your Contributions to the Services or Products
By submitting Content for inclusion in offered Services, or within the Products provided, you represent and warrant that you have all necessary permissions to grant the licenses below to PureCommand. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through both Services and/or Products, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant PureCommand and its successors a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Service (and its derivative works). This license granted by you terminates once you or PureCommand removes your contributed Content from the Service. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
Third Party Contributions to Services and/or Products
Each contributor to our Services and/or Product(s) of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, PureCommand is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold PureCommand responsible for any user’s actions or inactions, including things they post or otherwise make available via the Service.
In addition, the Services and/or Products may contain links to third party text and video feeds (and podcasts) (collectively, “third party feeds”), websites and offers, links to download third party software applications. Additionally, third parties may make available, on their own websites, third party feeds, and software applications. These third party links, third party feeds, websites and software applications are not owned or controlled by PureCommand. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. PureCommand has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third-parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Service, you agree that PureCommand shall not be liable in any manner due to your use of, or inability to use, any third-party feed, website or widget. You further acknowledge and agree that PureCommand may disable your use of, or remove, any third party links, third party feeds, or applications on the Service to the extent they violate these Terms of Service.
Violation of Our Terms of Service
If you believe that your work (as included via either Services or Products) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify our Copyright Agent (CT Corporation).
A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work via the Services; (d) information sufficient to permit PureCommand to contact you, such as your physical address, telephone number and email address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner’s behalf.
Your Representations and Warranties
You represent and warrant that:
- you possess the legal right and ability to enter into this Terms of Service and to comply with its terms;
- you will use the Site for lawful purposes only and in accordance with this Terms of Service and all applicable laws, regulations and policies; and
- you will only use the Site on a computer on which such use is authorized by the computer’s owner.
You agree to indemnify, defend and hold PureCommand, its affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms and Conditions. PureCommand reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with PureCommand’s defense of such claim.
If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
PureCommand, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. PureCommand accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), PureCommand has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to PureCommand in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:
3960 Howard Hughes Pkway
Las Vegas, NV 89169
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.