Terms of Service

Terms of Service


Welcome to PureViews, PureViews provides a consumer community for rating online.  PureViews also, provides a variety of products to both large and small businesses, such as Email Marketing, Survey Marketing, and Social Marketing.
This website, and the information which it contains, is the property of PureViews.  By using this website and any of its associated services, you are in acceptance of the following terms of service and PureViews Privacy Policy.
Pure Views, LLC., maintains this website as a service to the consumer who provides ratings for businesses or our clients who have engaged in an agreement to use our services to collect ratings and other related services, such as, Email Marketing, Survey Marketing and Social Marketing.  These terms apply to all services available on this website.

 

REGISTRATION

 

You may browse the PureViews website and content without registering, but as a condition to using certain aspects of the Service, you will be required to create an account and register with PureViews.  To register for services and create an suitable account, you will be required to complete the registration process by providing PureViews with complete and accurate information as prompted by the registration form, including your email address, username, and password.  For our clients who wish to make use of our services, you may also be required to provide PureViews with a valid credit card, administration, organization, and to keep your registration information accurate and up-to-date.  Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your PureViews account.
You shall not:

 

  • Use a User Name that is the name of another person with the intent to impersonate that person;
  • Provide any false information to PureViews or create any account for anyone other than yourself without such person’s permission;
  • Use a User Name or PureViews account that is subject to any rights of a person other than you without appropriate authorization; or use a User Name that is a name that is otherwise offensive, obscene or vulgar or otherwise unlawful.

 

PureViews reserves the right to refuse registration of, or cancel a User Name in its sole discretion.  You are solely responsible and liable for activity that takes place on your account and shall be responsible for maintaining the confidentiality of your PureViews password.  You will instantaneously notify PureViews in writing of any unauthorized use of your account, or other account related security breach of which you are aware.  You shall never use another user’s account without such other user’s prior permission.

 

ELIGIBILITY

 

We require that any Member be at least eighteen (18) years of age, By using the Services, you represent and warrant that you are at least eighteen (18) years of age and that your use of the Services does not violate any applicable law or regulation.  Your uploads may be deleted and your subscription may be terminated without prior warning, if we have reason to believe you are under (18) years of age.

 

GENERAL RULES

 

You agree to the following:

 

  • By accessing our website or a service provided through our website, you agree to abide by the following principles of conduct.
  • The Products may only be used for lawful purposes.
  • The Products may not be used for hosting content, including images and documents, that infringes on the intellectual property rights of others, including copyright, trademark and patent infringement, or that includes any obscene or libelous material or other material that violates any applicable law of regulation.
  • The Products may not be used for, insulting, slanderous, derogatory statements.
  • The Products may not be used to post racially or ethnically offensive content.
  • The Products may not be used to harass, threaten or intentionally embarrass or cause distress to another person or entity.
  • The Product may not be used to impersonate another person.
  • The Product may not be used to promote, solicit, or participate in any multi-level marketing or pyramid scheme.
  • The Product may not be used to exploit children under the age of (18) eighteen.
  • The Product may not be used engage in disruptive activity such as sending multiple messages in            an effort to monopolize the forum.
  • The Product may not be used to solicit personal information from children under the age of (13) thirteen.
  • The Product may not be used to invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under the age of (13) thirteen).
  • The Product may not be used to introduce viruses, worms, Trojan horses, and/or harmful code to or otherwise attempt to disrupt or interfere with this site.
  • The Product may not be used to decompile, reverse engineer, or obtain unauthorized access to any software or computer system through the site.
  • This Product may not be used to violate any federal, state, local, or international law or regulation.
  • This Product may not be used to encourage any conduct that would constitute a criminal or civil offense or violation of these terms.
  • This Product may not be used for sending of unsolicited email (sometimes called “spam”).
  • Once you have completed your free trial period or you have exceeded the free subscriber or contact limit the Email Marketing Product will be subject to monthly subscription fees.
  • Once you have completed your free trial period or you have exceeded the free subscriber limit of surveys, the Survey Product will be subject to a monthly subscription.
  • You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with the Products.
  • You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you in connection with your use of the Products.  Mere agreement of a person or entity to participate in a survey or register for an event is not consent to receive correspondence from you unrelated to such survey or event.  For respondents to your surveys or registrants to your events, consent to receive other correspondence from you is evidenced by the respondent or registrant opting into the “Join My Mailing List” link in the course of responding to your survey or registering for your event.  You hereby covenant that you shall not use any other lists in connection with your use of the Products.
  • You agree and acknowledge that not all email messages sent through use of the Products will be received by their intended recipients.
  • You acknowledge and agree that you are the sole or designated “sender” (as such term is defined in the CAN-SPAM Act of 2003) and any rules adopted under such act of any email message sent by you using the Products.
  • You agree that the “from” line of any email message sent by you using the Products will accurately and in a non-deceptive manner identify your organization, your product of your service.
  • In your use of the Products, you agree to represent you or your organization accurately and will not impersonate any other person, whether actual or fictitious.
  • You will adopt and maintain the Privacy Policy, which may be modified by PureViews from time to time.

 

COMPLIANCE WITH LAWS; MONITORING

 

 

You shall use the Products only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and regulations hereunder and all other applicable U.S. , state, local and international laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright, and trademark infringement and child protective email address registry laws).  Although PureViews has no obligation to monitor the content provided by you or your use of the Products, PureViews may do so and may block any email messages, remove any such content, including surveys, or prohibit any use of the Products that PureViews believes may be ( or is alleged to be) in violation of the foregoing.

 

FEES

 

Once you have completed your free trial period or you have exceeded the free subscriber or contact limit, you will be subject to monthly subscription fees in accordance with the Fee Schedule.  Certain Products are only available subject to your payment of an applicable fee for such Service.  As a condition of your continued  use of and access to such Products, you agree to pay PureViews the fees indicated on the then-current fee schedule available on PureViews website, and PureViews reserves the right to deactivate your access to such Products for failure to pay any such applicable fee.  In the event that any fees that you pay represent payment in full for an annual subscription, you shall be entitled to a full refund of such fees if you cancel such subscription with seven (7) days of the date  such subscription starts.  If you terminate any subscription to PureViews Products, PureViews has the right to immediately terminate your access to such Products.

 

  • If selected by you, you will also be billed for related offerings and services, including premium document and image hosting and email archiving services, in accordance with the Fee Schedule.  In addition, you may also purchase professional services to assist you with your account.  Any professional services purchased by you are subject to this Agreement.
  • Payment for Products will be made by a valid credit card accepted by PureViews.  Checks will be accepted for prepayments of at least six (6) months.  Fees are payable in U.S. dollars.  If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize PureViews to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period and continuing until such time as your account is terminated.  If PureViews is for any reason unable to achieve automatic payment via your credit card, PureViews will attempt to notify you via email and your PureViews account will be disabled until payment is received.  Amounts paid for the Products, including prepayments, are not refundable.  PureViews is required to collect and remit sales tax from its customers located in state and local jurisdictions where software delivered as a service is taxable and where PureViews maintains a physical presence.  PureViews determines your local taxing jurisdiction based on the billing address that you list in the “My Account” section of your account.

 

IDEMNIFICATION

 

You hereby agree to defend, indemnify and hold harmless PureViews and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees ) in connection with any claim or action that (1) arises from any alleged breach of this Agreement, (2) arises from the content or effects of any messages you distribute or events you host using the products or (3) arises from your activities or postings on the PureViews Community, (4) otherwise arises from or relates to your use of the products.  In addition, you acknowledge and agree that PureViews has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and/or consequential damages.  In addition, in the event that PureViews is required to respond to a third party or law enforcement subpoena that is related to your use of the Products, PureViews may in its sole discretion require you to reimburse PureViews for its reasonable expenses associated with complying with such subpoena.

 

DISCLAIMER OF WARRANTIES.

 

We are not responsible for any incorrect or inaccurate Content (including any information in profiles) posted on the Services, whether caused by Users or by any of the equipment or programming associated with or utilized in the Services.  We are not responsible for the conduct, whether online or offline, of any User of the Services.  We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users.  We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services.  Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Site or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
The Services are provided “As-Is” and as available.  We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  We make no warranty that: (a) the Services will meet your requirements; (b) the Services will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

RELEASE

 

You hereby release PureViews, its officers, directors, employees, agents and affiliates from any and all claims, demands, losses, damages, rights, and actions of any kind including, without limitation, personal injuries, death and property damage, that are either directly or indirectly related to or arise from (1) any interactions with Users, (2) any incorrect or inaccurate content posted on or through the Site or Services, whether caused by you or by any of the equipment or programming associated with or utilized by you in connection with the Site or Services, or (3) conduct by you on the Site or Services.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states:  “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected is settlement with the debtor.”

 

LIMITATION OF LIABILITY

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PUREVIEWS OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMAITON PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCINDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF PUREVIEWS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.  IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, PUREVIEWS IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGTE LIABILITY OF PUREVIEWS TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY PUREVIEWS TO YOU IN THAT TWELVE MONTH PERIOD.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR VCONSEQUENTIAL DAMAGES, SO TIS LIMITAITON, AND EXCLUSION MAY NOT APPLY TO YOU.

 

MODIFICATION OF TERMS OF USE

 

PureViews reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email.  PureViews may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice of liability.  It is your responsibility to check these Terms of Use periodically for changes.  Your continued use of the Service following the posting of any changes to these terms of Use constitutes acceptance of those changes.

 

QUESTIONS AND COMMENTS

 

If you have any questions regarding these Terms or your use of the Site of Services, please submit them to us at support@PureViewss.com

 

CONTACT

 

You may contact PureViews at the following address:  12598 Central Ave. Suite 202, Chino, California 91710