Pure Chat Terms of Service


Last Updated January 19th, 2015.

Refund Policy

At Pure Chat, we encourage customers to try our service prior to going forward with their purchase. In the event that you are not satisfied with the service, we are happy to refund your money within the 30 days of your initial purchase date.

To request a refund, first, cancel your account then email us at accounting@purechat.com requesting a refund along with the billing information (billing first/last name, email address) you used to signup for the account. Once refund has been issued, we will email you a confirmation.


Terms of Service

NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN PURE CHAT, INC. (“Pure Chat” or “Us” or “We”) AND YOU (“You”) REGARDING THE SERVICES PROVIDED TO YOU THROUGH THE WEBSITE PURECHAT.COM. PLEASE READ IT CAREFULLY. BY USING AND/OR PAYING FOR THE SERVICE(S) SET OUT HEREIN YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU USE THE SERVICES ON BEHALF OF YOUR EMPLOYER, YOU WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER AND THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. WE ARE RELYING UPON YOUR REPRESENTATION THAT YOU MAY BIND YOUR EMPLOYER TO THE TERMS OF THIS AGREEMENT. IF YOU AND/OR YOUR EMPLOYER DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, OR IF YOU ARE NOT AUTHORIZED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER, YOU MUST NOT USE THE SERVICE(S) OR MAKE ANY PAYMENT.

Definitions

"Effective Date" means the date which You commence using the Services. "Services" means the limited storing and sending of your files (“Data Files”) to others through the website(s) and other hardware and software owned and operated by Pure Chat. There shall be multiple service levels available within the Services including free Services and subscription based paid Services that you may request from Pure Chat and that we may provide to You for free or for a fee, as the case may be.

"Subscription Fee" means the monthly fee payable by You in advance for the provision of the Services, and as may be modified by Pure Chat on notice to You from time to time. "Subscription Period" means the period from the Effective Date until this Agreement is terminated in accordance with this Agreement.

Grant of Rights; Limitations and Restrictions

Subject to all the terms and conditions of this Agreement, Pure Chat shall supply the Services to You and grant You a personal, non-transferable, terminable license to use the Services from the Effective Date for the Subscription Period based upon the level of Services you have requested that we provide You.

Some of the Services provided are free while others shall only be provided in exchange for a monthly Subscription Fee. The monthly Subscription Fee payable by You to Us will vary depending upon the Services you request us to provide You. You may request and Pure Chat may agree to upgrade or downgrade the Services provided to You and the Subscription Fee payable will be amended accordingly for the next monthly payment.

Pure Chat shall use all reasonable efforts to ensure that access to the Services is available to You. You agree and understand that there will be times (planned and emergency) when the Services will not be available. Pure Chat shall make commercially reasonable efforts to notify You of planned downtime and unavailability of the Service. Notwithstanding such undertaking, Pure Chat shall not be liable for any Service unavailability which arises as a result of emergency downtime and Service unavailability.

You hereby agree not to use the Services for any use or purpose that is: (i) obscene, libelous, blasphemous, pornographic, defamatory, inciting hatred, terrorism or any similar offence; (ii) unlawful or misleading; (iii) for any use that breaches the intellectual property rights of others including but not limited to third party copyrights, storing or sharing copyrighted music or other copyrighted material that has not been legally obtained; (iv) undertaken on behalf of anyone other than You; (v) in violation of any applicable local, state, national and foreign laws, treatises and regulations;

We may establish revised practices and policies concerning the use of the Services, including without limitation, the maximum number of chats sent through the Services, the maximum number of days that a transcript will be stored and the number of simultaneous connections a given user can have.

We will comply with court orders or lawful requests or demands to preserve or produce information pursuant to local, state or federal laws including requests made by governmental authorities pursuant to the Electronic Communication Transactional Records Act, 18 U. S. C. § 2701, et seq. Any information delivered by You or to You using the Services is subject to preservation and/or production by us upon such lawful requests.

Unauthorized use of the Services, and/or the resale of the Services without Pure Chat's prior written consent, is expressly prohibited.

Proprietary Rights

Pure Chat has sole and exclusive ownership of all right, title, and interest in and to the Services and any software or hardware utilized in the provision of the Services, including all copyright and any other intellectual property rights therein. This Agreement conveys a limited right and license to use the Services and any software made available to You. It may not be construed to convey title to or ownership of the Services or the software contained therein to You. All rights in and to the Services not expressly granted to You are reserved by Pure Chat. The Services are protected by copyright, trademark, and other laws of the United States and foreign countries and organizations of countries (including but not limited to the European and the Commonwealth of Independent States). Except as expressly provided in this Agreement, You may not reproduce, modify, reverse engineer or prepare derivative works, distribute, sell, transfer, publicly display, transmit or otherwise use these Services.

Pure Chat, PureChat.com, PureChat, and any logos, trademarks, service marks, product names and trade names associated with Pure Chat or PureChat.com are owned by Pure Chat. You may not use any of our trademarks, service marks, product names or trade names without our express written consent.

The password and log-on details loaned to You are confidential to You and You hereby agree that You shall not share such information with any third parties. You shall notify Pure Chat immediately if You are aware of any third party having access to such information.

Subscription Fees

When you register with Pure Chat and PureChat.com, and at any time thereafter, you can select what type of Services you require. In consideration for the provision of the Services, You shall pay Pure Chat the applicable monthly Subscription Fee by automatic monthly credit against the credit card You register with us at the time You sign up for the Services. Pure Chat shall issue invoices in respect of the Subscription Fee and shall collect the Subscription Fee from your credit card monthly in advance. The Subscription Fee is exclusive of VAT or other sales tax which, if applicable to You, shall be payable by You at the then prevailing rate. In the event that the Subscription Fee, as appropriate, is not collected in accordance with the provisions herein, Pure Chat may deny You access to the Services without notice.

Subscription Period and Termination

This Agreement shall commence on the Effective Date and shall remain in effect for the Subscription Period unless terminated earlier by either party pursuant to this Agreement. Either Pure Chat or You may terminate this Agreement at any time, for any reason or no reason. Upon termination of this Agreement; (a) the rights and licenses granted to You herein shall terminate; (b) You shall cease all use of the Services; and (c) Pure Chat shall at its own discretion remove and/or purge your Data Files and account information from the system.

If You cancel the Services or otherwise terminate the Agreement, we may retain your Subscription Fees paid to Us by You pursuant to this Agreement. You shall not be entitled to a refund of any Subscription Fees paid to Us. If We terminate the Agreement, We will refund You, through a credit to your credit card, a prorated amount of any paid but unused Fees previously paid by You to Pure Chat for Services pursuant to this Agreement. The prorated amount refunded to you, upon termination by Us, will be calculated by dividing your monthly Subscription Fee at the time the Agreement and Services are terminated by 30 and multiplying that amount by the number of days remaining in the billing month in which the Services were terminated by US.

Warranties and Liability Limitations

Pure Chat does not represent or warrant that: (i) the use of the Services will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (ii) the Services will meet your requirements or expectations, (iii) errors or defects will be corrected, (iv) the Services or the server(s) that make the Services available are free of viruses or other harmful components. The Services are provided to You strictly on an "AS IS" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

Your sole remedy with respect to any claims arising out of this Agreement shall be a claim for money damages limited to the lesser of: (i) the aggregate to the monies paid by You to Pure Chat under this Agreement during the twelve (12) month period preceding the event giving rise to such liability; or (ii) One Hundred US Dollars ($100).

In no event shall Pure Chat be liable for: (i) any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute products or services by You even if advised of the possibility of such damages; (ii) any delay or failure to provide the Services that is due to third parties, including, without limitation, internet service providers, data centers, server hosting companies and telecommunications companies; (iii) credit card fraud committed against You by any third party provider of credit card services.

General

You may not assign this Agreement, in whole or in part, without the prior written consent of Pure Chat.

You consent to the use by Pure Chat of your name in customer lists and other publicity, including interviews, case studies, and conference discussions, provided that such publicity accurately describes the nature of the relationship between You and Pure Chat.

You and We agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, United States of America. You and We further agree that any litigation between You and Pure Chat regarding this Agreement shall be exclusively conducted in the state or federal courts located in Maricopa County, Arizona, United States of America. We shall comply with all lawfully issued orders, demands, subpoenas, or requests for information served upon Us in compliance with and pursuant to the laws of the United States of America and its States.

You agree that because of the unique nature of the Services and Pure Chat's proprietary rights therein, a demonstrated breach of this Agreement by You would irreparably harm Pure Chat and monetary damages would be inadequate compensation. Therefore, You agree that Pure Chat shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of this Agreement. The prevailing party to any such request for preliminary or permanent injunctive relief shall be entitled to an award of its reasonable attorneys’ fees.

If any provision of this Agreement is declared void, illegal, or unenforceable, the remainder of this Agreement will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.

Any failure by any party to this Agreement to enforce at any time any term or condition under this Agreement will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of this Agreement.

Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of nonperformance and continues performance hereunder with reasonable dispatch whenever such causes are removed.

This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof and cannot be altered except by agreement in writing executed by an authorized representative of each party. No purchase order and/or standard terms of purchase provided by You shall supersede this Agreement.

Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Pure Chat and such third parties shall not be entitled to enforce any term of this Agreement against Pure Chat.

If You have any questions regarding this Agreement or if You wish to discuss the terms and conditions contained herein please contact us by emailing us at help@purechat.com.