BINDING EFFECT.
This is a binding agreement between you and MM Industries,
LLC. By using the website located at
https://allpuure.com or any services provided in connection with the Site
(the “Service”), you agree to be bound by and to abide by these Terms of Use, as
they may be amended by Company from time to time in its sole discretion. Amended
Terms of Use are effective upon being posted. Company provides notice on the Site
regarding when these Terms of Use have been updated; it is your responsibility to
review these Terms of Use periodically, to ensure that you find them acceptable for
your continued use of the Site.
YOU AGREE THAT BY USING THE SITE, YOU
REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE
LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
LIMITED LICENSE.
Subject to your compliance with these Terms of Use, Company
hereby grants you a personal, non-transferable and non-exclusive right and license
to use the Site; provided, however that you shall not copy, modify, create a
derivative work from, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any rights in the software for the Site. This license does not
include any resale or commercial use of this Site or its contents; any collection and
use of any product listings, descriptions, or prices; any derivative use of this Site or
its contents; any downloading or copying of account information for the benefit of
another merchant or entity; or any use of data mining, robots, or similar data-
gathering and extraction tools. This Site or any portion of it may not be reproduced,
copied, sold, resold, used, visited or otherwise exploited for any commercial purpose
without the express written consent of Company.
PRIVACY POLICY.
Company respects your privacy and permits you to control the
treatment of your personal information. A complete statement of Company’s current
Privacy Policy can be found at https://www.allpuure.com/privacy-policy/. Company’s
Privacy Policy is expressly incorporated into this Agreement by this reference.
You are not required to create an account to use the Site, but you may do so. To
establish an account to use the Site, you must complete the registration process by
providing the complete and accurate information requested on the registration form.
You will also be asked to provide a user name and password. You may not use the
account, username, or password of someone else at any time. You are entirely
responsible for maintaining the confidentiality of your password, and for restricting
third party access to your computer. You agree to accept responsibility for all
activities that take place under your account or password, and that Company shall
not be liable for any loss that you incur as a result of someone else using your
password or account, either with or without your knowledge.
USER CONTENT.
You grant Company a license to use the materials you post to the
Site. By posting, displaying, performing, transmitting, or otherwise distributing
information or other content (“User Content”) to the Site, you are granting Company,
its affiliates, officers, directors, employees, consultants, agents, and representatives
a license to use User Content in connection with the operation of the Internet
business of Company, its affiliates, officers, directors, employees, consultants,
agents, and representatives, including without limitation, a right to copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat
User Content. You will not be compensated for any User Content. You agree that
Company may publish or otherwise disclose your name in connection with your User
Content. By posting User Content on the Site, you warrant and represent that you
own the rights to the User Content or are otherwise authorized to post, distribute,
display, perform, transmit, or otherwise distribute such User Content.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the
Site, you agree to obey the law and to respect the intellectual property rights of
others. Your use of the Site is at all times governed by and subject to laws regarding
copyright ownership and use of intellectual property. You agree not to upload,
download, display, perform, transmit, or otherwise distribute any information or
content (collectively, “Content”) in violation of Company’s or any third party’s
copyrights, trademarks, trade secret, or other intellectual property or proprietary
rights. You agree to abide by laws regarding ownership and use of intellectual
property, and you shall be solely responsible for any violations of any relevant laws
and for any infringements of third party rights caused by any Content you provide or
transmit, or that is provided or transmitted using your account.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
MM Industries, LLC
(hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging
program (the “Program”), which you agree to use and participate in subject to these
Mobile Messaging Terms and Conditions and Privacy Policy(link) (the “Agreement”).
By opting in to or participating in any of our Programs, you accept and agree to
these terms and conditions, including, without limitation, your agreement to resolve
any disputes with us through binding, individual-only arbitration, as detailed in the
“Dispute Resolution” section below. This Agreement is limited to the Program and is
not intended to modify other Terms and Conditions or Privacy Policy that may
govern the relationship between you and Us in other contexts.
1. User Opt In:
The Program allows Users to receive SMS/MMS mobile messages
by affirmatively opting into the Program, such as through online or application-based
enrollment forms. Regardless of the opt-in method you utilized to join the Program,
you agree that this Agreement applies to your participation in the Program. By
participating in the Program, you agree to receive autodialed or prerecorded
marketing mobile messages at the phone number associated with your opt-in, and
you understand that consent is not required to make any purchase from Us. While
you consent to receive messages sent using an autodialer, the foregoing shall not be
interpreted to suggest or imply that any or all of Our mobile messages are sent using
an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data
rates may apply. Message frequency varies.
2. User Opt Out:
If you do not wish to continue participating in the Program or no
longer agree to this Agreement, you agree to reply STOP, END, CANCEL,
UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the
Program. You may receive an additional mobile message confirming your decision to
opt out. You understand and agree that the foregoing options are the only
reasonable methods of opting out. You acknowledge that our text message platform
may not recognize and respond to unsubscribe requests that alter, change, or
modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands,
such as the use of different spellings or the addition of other words or phrases to the
command, and agree that MM Industries, LLC and its service providers will have no
liability for failing to honor such requests. You also understand and agree that any
other method of opting out, including, but not limited to, texting words other than
those set forth above or verbally requesting one of our employees to remove you
from our list, is not a reasonable means of opting out.
3. Program Description:
Without limiting the scope of the Program, users that opt
into the Program can expect to receive messages concerning the marketing,
promotion, payment, delivery and sale of nutritional supplements and natural health
products and services. Messages may include checkout reminders.
4. Cost and Frequency:
Message and data rates may apply. You agree to receive
messages periodically at Our discretion. Daily, weekly, and monthly message
frequency will vary. The Program involves recurring mobile messages, and
additional mobile messages may be sent periodically based on your interaction with
Us.
5. Support Instructions:
For support regarding the Program, text “HELP” to the
number you received messages from or email us at info@XYZ.com. Please note that
the use of this email address is not an acceptable method of opting out of the
program. Opt outs must be submitted in accordance with the procedures set forth
above.
6. MMS Disclosure:
The Program will send SMS TMs (terminating messages) if
your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty:
The Program is offered on an "as-is" basis and may
not be available in all areas at all times and may not continue to work in the event of
product, software, coverage or other changes made by your wireless carrier. We will
not be liable for any delays or failures in the receipt of any mobile messages
connected with this Program. Delivery of mobile messages is subject to effective
transmission from your wireless service provider/network operator and is outside of
Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements:
You must have a wireless device of your own,
capable of two-way messaging, be using a participating wireless carrier, and be a
wireless service subscriber with text messaging service. Not all cellular phone
providers carry the necessary service to participate. Check your phone capabilities
for specific text messaging instructions.
9. Age Restriction:
You may not use or engage with the Platform if you are under
thirteen (13) years of age. If you use or engage with the Platform and are between
the ages of thirteen (13) and eighteen (18) years of age, you must have your
parent’s or legal guardian’s permission to do so. By using or engaging with the
Platform, you acknowledge and agree that you are not under the age of thirteen (13)
years, are between the ages of thirteen (13) and eighteen (18) and have your
parent’s or legal guardian’s permission to use or engage with the Platform, or are of
adult age in your jurisdiction. By using or engaging with the Platform, you also
acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law
to use and/or engage with the Platform.
10. Prohibited Content:
You acknowledge and agree to not send any prohibited
content over the Platform. Prohibited content includes:
– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or
stalking activity;
– Objectionable content, including profanity, obscenity, lasciviousness, violence,
bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality,
disability, sexual orientation, or age;
– Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
– Any product, service, or promotion that is unlawful where such product, service, or
promotion thereof is received;
– Any content that implicates and/or references personal health information that is
protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the
Health Information Technology for Economic and Clinical Health Act (“HITEC” Act);
and
– Any other content that is prohibited by Applicable Law in the jurisdiction from which
the message is sent.
11. Dispute Resolution:
In the event that there is a dispute, claim, or controversy
between you and Us, or between you and TEXT SERVICE PROVIDER Inc. d/b/a
Postscript or any other third-party service provider acting on Our behalf to transmit
the mobile messages within the scope of the Program, arising out of or relating to
federal or state statutory claims, common law claims, this Agreement, or the breach,
termination, enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of this agreement to arbitrate, such
dispute, claim, or controversy will be, to the fullest extent permitted by law,
determined by arbitration in Henderson, NV before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in
effect. Except as otherwise provided herein, the arbitrator shall apply the substantive
laws of the Federal Judicial Circuit in which MM Industries, LLC’s principle place of
business is located, without regard to its conflict of laws rules. Within ten (10)
calendar days after the arbitration demand is served upon a party, the parties must
jointly select an arbitrator with at least five years’ experience in that capacity and
who has knowledge of and experience with the subject matter of the dispute. If the
parties do not agree on an arbitrator within ten (10) calendar days, a party may
petition the AAA to appoint an arbitrator, who must satisfy the same experience
requirement. In the event of a dispute, the arbitrator shall decide the enforceability
and interpretation of this arbitration agreement in accordance with the Federal
Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing
Emergency Measures of Protection shall apply in lieu of seeking emergency
injunctive relief from a court. The decision of the arbitrator shall be final and binding,
and no party shall have rights of appeal except for those provided in section 10 of
the FAA. Each party shall bear its share of the fees paid for the arbitrator and the
administration of the arbitration; however, the arbitrator shall have the power to order
one party to pay all or any portion of such fees as part of a well-reasoned decision.
The parties agree that the arbitrator shall have the authority to award attorneys’ fees
only to the extent expressly authorized by statute or contract. The arbitrator shall
have no authority to award punitive damages and each party hereby waives any
right to seek or recover punitive damages with respect to any dispute resolved by
arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE ARBITRATION PROCEEDING.
Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form of a representative or
class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the
existence, content, or results of any arbitration without the prior written consent of
both parties, unless to protect or pursue a legal right. If any term or provision of this
Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity,
illegality, or unenforceability shall not affect any other term or provision of this
Section or invalidate or render unenforceable such term or provision in any other
jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration,
the parties hereby waive any right to a jury trial. This arbitration provision shall
survive any cancellation or termination of your agreement to participate in any of our
Programs.
12. Florida Law:
We endeavor to comply with the Florida Telemarketing Act and the
Florida Do Not Call Act as applicable to Florida residents. For purposes of
compliance, you agree that we may assume that you are a Florida resident if, at the
time of opt-in to Program, (1) your shipping address, as provided is located in Florida
or (2) the area code for the phone number used to opt-into the Program is a Florida
area code. You agree that the requirements of the Florida Telemarketing Act and
the Florida Do Not Call Act do not apply to you, and you shall not assert that you are
a Florida resident, if you do not meet either of these criteria or, in the alternative, do
not affirmatively advise us in writing that you are a Florida resident by sending
written notice to us. Insofar as you are a Florida resident, you agree that mobile
messages sent by Us in direct response to mobile messages or requests from You
(including but are not limited to response to Keywords, opt-in, help or stop requests
and shipping notifications) shall not constitute a “telephonic sales call” or
“commercial telephone solicitation phone call” for purposes of Florida Statutes
Section 501 (including but not limited to sections 501.059 and 501.616), to the extent
the law is otherwise relevant and applicable.
13. Miscellaneous:
You warrant and represent to Us that you have all necessary
rights, power, and authority to agree to these Terms and perform your obligations
hereunder, and nothing contained in this Agreement or in the performance of such
obligations will place you in breach of any other contract or obligation. The failure of
either party to exercise in any respect any right provided for herein will not be
deemed a waiver of any further rights hereunder. If any provision of this Agreement
is found to be unenforceable or invalid, that provision will be limited or eliminated to
the minimum extent necessary so that this Agreement will otherwise remain in full
force and effect and enforceable. Any new features, changes, updates or
improvements of the Program shall be subject to this Agreement unless explicitly
stated otherwise in writing. We reserve the right to change this Agreement from time
to time. Any updates to this Agreement shall be communicated to you. You
acknowledge your responsibility to review this Agreement from time to time and to
be aware of any such changes. By continuing to participate in the Program after any
such changes, you accept this Agreement, as modified.
INAPPROPRIATE CONTENT.
You shall not make the following types of Content
available. You agree not to upload, display, perform, transmit, or otherwise distribute
to the Site any Content that (a) is libelous, defamatory, obscene, pornographic,
abusive, or threatening; (b) advocates or encourages conduct that could constitute a
criminal offense, give rise to civil liability, or otherwise violate any applicable local,
state, national, or foreign law or regulation; or (c) advertises or otherwise solicits
funds or is a solicitation for goods or services. Company reserves the right to
terminate your receipt, transmission, or other distribution of any such material using
the Site, and, if applicable, to delete any such material from its servers. Company
intends to cooperate fully with any law enforcement officials or agencies in the
investigation of any violation of these Terms of Use or of any applicable laws.
COPYRIGHT INFRINGEMENT.
Company has in place certain procedures regarding
allegations of copyright infringement occurring on the Site. Company’s policy is to
investigate any allegations of copyright infringement brought to its attention, and to
suspend and/or terminate the account of any user who is found to have infringed on
the rights of Company or of a third party, or otherwise violated any intellectual
property laws or regulations.
ALLEGED VIOLATIONS.
To ensure that Company provides a high quality
experience for you and for other users of the Site, you agree that Company or its
representatives may access your account and records on a case-by-case basis to
investigate complaints or allegations of abuse, infringement of third party rights, or
other uses of the Site that are not authorized under these Terms of Use. Company
does not intend to disclose the existence or occurrence of such an investigation
unless required by law, but Company does reserve the right to terminate your
account immediately, with or without notice to you, if Company believes that you
have violated any of the Terms of Use, furnished Company with false or misleading
information, or interfered with use of the Site or the Service by others. Company is
under no obligation to enforce these Terms of Use on your behalf against any third
party or other user of the Site.
NO WARRANTIES.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES.
COMPANY MAKES THE SITE AND/OR SERVICE AVAILABLE “AS IS” WITHOUT
WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE
OR LOSS FROM USE OF, OR INABILITY TO USE THE SITE. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND
ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE WILL
MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL
BE UNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ANY
EMPLOYEE OR REPRESENTATIVE OF COMPANY OR THROUGH OR FROM
THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN
THESE TERMS OF USE.
LIMITED LIABILITY.
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE
LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR
LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES)
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY
OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This
limitation shall apply regardless of whether the damages arise out of breach of
contract, tort, or any other legal theory or form of action.
AFFILIATED AND/OR THIRD PARTY SITES.
Company has no control over, and no
liability for any third party websites or materials. Company may work with partners or
affiliates whose Internet sites may be linked with the Site. Because Company has no
control over the content or performance of other sites which may be linked to the
Site, Company makes no guarantees about the accuracy, currency, content, or
quality of the information provided by such sites, and assumes no responsibility for
unintended, objectionable, inaccurate, misleading, or unlawful content that may
reside on any other site.
PROHIBITED USES.
Company imposes certain restrictions on your permissible use
of the Site. You are prohibited from violating or attempting to violate any security
features of the Site, including, without limitation, (a) accessing content or data not
intended for you, or logging onto a server or account that you are not authorized to
access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any
associated system or network, or to breach security or authentication measures
without proper authorization; (c) interfering or attempting to interfere with service to
any user, host, or network, including, without limitation, by means of submitting a
virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(d) using the Site to send unsolicited e-mail, including, without limitation, promotions,
or advertisements for products or services; (e) forging any TCP/IP packet header or
any part of the header information in any e-mail or in any posting using the Site; or
(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise
reduce or attempt to reduce to a human-perceivable form any of the source code
used by Company in providing the Site. Any violation of system or network security
may subject you to civil and/or criminal liability.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS,
AND REPRESENTATIVES FROM ANY AND ALL THIRD PARTY CLAIMS,
LOSSES, LIABILITY, DAMAGES, AND/OR COSTS (INCLUDING REASONABLE
ATTORNEY FEES AND COSTS) ARISING FROM YOUR ACCESS TO OR USE OF
THE SITE, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR
INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR
ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY
PERSON OR ENTITY. COMPANY WILL NOTIFY YOU PROMPTLY OF ANY SUCH
CLAIM, LOSS, LIABILITY, OR DEMAND.
COMPANY’S PROPRIETARY RIGHTS.
All content of the Site, including the text,
graphics, logos, icons, screens and configurations, software, trademarks, and trade
dress (collectively, “Company Content”), is the property of Company or its licensors
and is protected by U.S. and international intellectual property laws. You do not
acquire any ownership rights in or to Company Content by using, printing,
downloading or copying any Company Content, or using the Site. Any use of
Company Content or this Site other than for the express services provided is strictly
prohibited. For example, copying, reproducing, modifying, distributing, transmitting,
replicating or public exhibition of Company Content is strictly prohibited.
The logo, trade names, trademarks and service marks (collectively the
“Trademarks”) displayed on the Site are the registered and/or unregistered
Trademarks of Company or its third party clients or collaborators, and are protected
under applicable trademark and other intellectual property laws. Nothing contained
on the Site should be construed as granting any license or right to use any
Trademark displayed on the Site without the written permission of the Trademark
owner. Your use of the Trademarks displayed on the Site, except as provided for in
this legal notice, is strictly prohibited. By using the Site to request our goods or
services, you grant the Company a limited license to display your company’s
Trademarks for the limited purpose of allowing the Company to show that your
company is a past or present client of Company.
COPYRIGHT.
All contents of the Site are: Copyright © 2013-2021, MM Industries,
LLC. All rights reserved.
MODIFICATIONS.
Company may, in its sole discretion and without prior notice, (a)
revise these Terms of Use; (b) modify the Site and/or any Service provided in
connection therewith; and, (c) discontinue the Site and/or any Service at any time.
Company shall post any revision to these Terms of Use to the Site, and the revision
shall be effective immediately on such posting. To be aware of any revisions, you
must review these Terms of Use and other online policies posted on the Site
periodically. You agree that, by continuing to use or access the Site subsequent to
any revision, you consent to these Terms of Use as revised.
SEVERABILITY; WAIVER.
If, for any reason, a court of competent jurisdiction finds
any term or condition in these Terms of Use to be unenforceable, all other terms and
conditions will remain unaffected and in full force and effect. No waiver of any breach
of any provision of these Terms of Use shall constitute a waiver of any prior,
concurrent, or subsequent breach of the same or any other provisions hereof, and
no waiver shall be effective unless made in writing and signed by an authorized
representative of the waiving party.
NEVADA USE ONLY.
The Site is controlled and operated by Company from its
offices in the State of Nevada. Company makes no representation that any of the
materials or the services to which you have been given access are available or
appropriate for use in other locations. Your use of or access to the Site should not be
construed as Company’s purposefully availing itself of the benefits or privilege of
doing business in any state or jurisdiction other than Nevada.
GOVERNING LAW AND VENUE.
These Terms of Use shall be construed in
accordance with and governed by the laws of the United States and the State of
Nevada, without reference to their rules regarding conflicts of law. You hereby
irrevocably consent to the exclusive jurisdiction of the state or federal courts in Clark
County, Nevada in all disputes arising out of or related to the use of the Site or any
Service provided in connection therewith.
ACKNOWLEDGEMENT. BY USING OR ACCESSING THE SITE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE
TO BE BOUND BY THEM.
