Terms of Use and Sale

Purch Group, Inc. or one of its corporate affiliates (“Purch”, “us” or “we”), owns and operates this website (“Site”). These Terms of Use and Sale (“Terms”) constitute a legally binding agreement made by and between Purch and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”). The Terms govern your use of the retail and other services we make available on this Site (“Services”).

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.

Additional terms may apply to your use of the Site. We will provide these terms to you or post them on the Site in connection with the features to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular feature of the Site, the additional terms will control.

Sweepstakes, contests, and promotions on the Site may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.

If you have any questions about these Terms, please contact us by email at storesupport@purch.com or call us at 1-866-648-2140.

1. GENERAL

1.1 Eligibility. To use the Site you must be, and represent and warrant that you are, of legal age (18 years of age or older, or, if you have parental consent, 13 years of age) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any other site operated by Purch, you are not permitted to access the Site.

1.2 Use Outside the United States of America. The Site is controlled and offered by Purch from the United States of America. Purch makes no representations that the Site is appropriate for use in other locations.  Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law.  You consent to the processing in the United States of America of information you provide to us.

1.3 Additional Policies. Purch’s Shipping Policy and Return Policy, and Privacy Policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) are incorporated into and are a part of these Terms

1.4 Modification and Termination. We may modify or terminate the Site or the Services, your access to the Services, in part or as a whole, at any time, for any or no reason, and without notice or liability to you.

2. ACCOUNT REGISTRATION; ACCOUNT USE

2.1 Account Registration. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account.

2.2 Account Use. You are entirely responsible for any and all activities that occur under your account.

2.3 Security of Your Account. You agree to notify Purch immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Purch or a third party due to someone else using your account.

2.4 Use of Others’ Accounts. You may not use anyone else’s account at any time.

2.5 Termination of Accounts for False, Inaccurate, Out-Of-Date or Incomplete Information. If you provide any information that is false, inaccurate, out-of-date or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, out-of-date or incomplete, we may suspend or terminate your account and refuse use of the Services.

2.6 No Obligation to Retain a Record of Your Account. Purch has no obligation to retain a record of your Account or any data or information that you may have stored for your convenience by means of your Account or the Services.

3. USE OF THE SITE

3.1 Permitted Use. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Services for the purposes that we intend.

3.2 Prohibited Uses. Use of the Services or Site for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited.  Without limitation, you will not:

(a) reproduce, distribute, display, create derivative works of or transmit the Content (as defined in Section 5 below);

(b) use the Site or Services commercially (for example, as part of a service bureau), for benchmarking, or to compile information for a product or service;

(c) modify or translate any part of the Services or Site;

(d) reverse engineer, decompile, create derivative works of, modify, disrupt, tamper with or disassemble the technology used to provide the Services and/or Site, or otherwise attempt to obtain source code;

(e) attempt to bypass, modify or defeat any of the security features of the Site;

(f) remove or alter any copyright, trademark or other proprietary notice contained on the Site;

(g) interfere with or damage the Site or our servers;

(h) impersonate or misrepresent your affiliation with a person, entity or organization;

(i) attempt to obtain any materials or information not intentionally made available through the Site by any means;

(j) collect, manually or through an automatic process, information about or of other users or the Site;

(k) use any Marks (as defined in Section 5 below) or other Content for advertising, promotions or other commercial purposes;

(l) submit false or misleading information to us or post material that violates, misappropriates or infringes a third party’s intellectual property or other rights;

(m) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Site and/or Services;

(n) engage, directly or indirectly, in any type of unsolicited solicitation;

(o) frame, inline link, or similarly display the Site or any portion of the Site; or

(p) assist or encourage any third party in engaging in any activity restricted by these Terms.

Purch reserves the right, but has no obligation, to monitor your use of the Site and Services for compliance with these Terms.

4. TERMS OF SALE

The following terms apply to your purchase of the products offered on the Site (“Products”).

4.1 Product Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.

4.2 Availability and Pricing. Quantities of some items may be limited and stock cannot always be guaranteed. When an item is out of stock and cannot be replenished we will attempt to remove the item from this Website in a timely manner but make no guarantees in this regard. Products offered for sale on this Website are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this Website. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

4.3 Purchasing Products. The display of Products on the Site invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by shipping (or providing for download) the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.

4.4 Orders. We have the right to refuse any orders. We will not be liable if a product on the Site is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar products to fulfill your order (for example, new versions).

4.5 Payment. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of purchasing Products. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to purchase Products, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase of Products in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. Completion of a payment transaction is contingent upon: (a) your providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

4.6 Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all products purchased through this Site passes from us to you at the time we deliver the products to the common carrier for shipment. Title to all software products remains with the software publisher or licensor. By purchasing products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. By using this service, you warrant that you are acting in a manner compliant with applicable laws regarding the purchase, transportation and delivery of the products in your order. You warrant that you have obtained any required permission, paid any required fees, are working through properly-licensed intermediaries where required, are legally entitled to take possession of the products, and are legally entitled to take the quantities ordered. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.

4.7 Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase.

4.8 Gift Certificates. Gift certificates will expire or decline in value, or not, in accordance with the laws of the purchaser’s location at the time of purchase.

4.9 International Orders. If you are located outside of the United States of America, we may not ship the products to your country and may not permit you to order products. If you are located outside of the United States of America and we ship the products to you or make the products available for download by you, you will be entirely responsible for compliance with the export laws of the United States of America and import laws of the destination (and any countries of transshipment). You will be solely responsible for any license fees, customs duties, and other taxes and fees related to the export of the products from the United States and the import of the products to the destination (and any countries of transshipment).

4.10 Manufacturer EULAs and Other Terms. You may be required to accept an end user license agreement (EULA) or other terms provided by the manufacturer prior to use of the product you ordered. A EULA or other terms may accompany the product you ordered. You may not return a product based on your failure to be informed of or provided with the EULA or other terms prior to purchase.

5. INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT AND SERVICES

5.1 Intellectual Property Rights. All content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Purch and/or its affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.

5.2 Third-party Content. The Site may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Site may contain links to third-party websites. Purch is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites.

5.3 Third-party Services. Third parties may offer their services directly to you through the Site. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Purch will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products.

6. CONTRIBUTIONS TO PURCH

We will not have any obligation to hold in confidence any ideas, questions, reviews, comments, suggestions or other content (collectively, “User Content”) that you submit or post to the Site or otherwise provide to us.

6.1 By sharing, submitting and uploading any User Content, you grant Purch a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any legal manner for the benefit of Purch.

6.2 You irrevocably waive and agree not to assert any rights that you have to prevent us from exploiting the rights granted in Subsection 6.1.

6.3 You also grant us the right to use and display the name that you submit with any User Content in connection with such User Content.

6.4 You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Site.

6.5 Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Purch the required rights to disseminate any User Content, (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Purch’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

6.6 We have the right to remove or edit any User Content for any reason or no reason at all.

7. WARRANTIES; DISCLAIMER

THE WARRANTIES, IF ANY, APPLICABLE TO EACH PRODUCT ARE PROVIDED BY THE MANUFACTURER OF SUCH PRODUCT. ALL PRODUCTS ARE MANUFACTURED BY THIRD PARTIES.

THE SITE, SERVICES AND PRODUCTS ARE PROVIDED “AS AVAILABLE” AND “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. PURCH DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PURCH DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, FREE OF VIRUSES OR OTHER HARMFUL CODE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT.

PURCH DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. PURCH MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. PURCH WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. PURCH MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.

8. LIMITATION OF LIABILITY

IN NO EVENT WILL PURCH, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “PURCH” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES OR PRODUCTS, EVEN IF PURCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. PURCH WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE OR LOSS OF GOOD WILL. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.

PURCH DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND PURCH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. PURCH WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.

9. INDEMNITY

You agree to defend, indemnify and hold harmless Purch, its affiliates and their directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties:

(a) alleging facts or circumstances that would, if true, constitute a violation of
(i) any provision of these Terms by you,
(ii) an applicable law by you, or
(iii) any third party’s rights by you;

(b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any product purchased by you on this Site; or

(c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future);

(d) arising from or related to our use of your User Content in the context of the Services; or

(e) arising from, related to, or connected with your use or misuse of the Site or Services.
We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.

10. TERMINATION; SURVIVAL

These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.

We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all. If we terminate for no reason your right to access the Site, we will fulfill our obligations to you related to any order outstanding at the time of termination.

If you terminate your account, you will remain liable under these Terms for any purchase made prior to termination. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate.

The following provisions will survive termination: 4.2, 4.5, 4.6, 4.7, 5, 6, 7, 8, 9, 10, 11 and 12.

11. DISPUTES

If you have any dispute with us, you agree that before taking any formal action, you will contact us at storesupport@purch.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow 60 days to pass, during which we will attempt to reach an amicable resolution of any issue. Disputes are further limited by the following:

11.1 By using the Site and Services, you agree that any disputes regarding the Products and any other matter relating to Purch will be governed by the Federal Arbitration Act, applicable federal law, and the laws of New York, without regard to conflict of laws principles.

11.2 These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:

(a) First, if we reasonably believe that you have in any manner violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.

(b) Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in New York County, New York, if the claim and the parties are within the jurisdiction of the small claims court.

11.3 BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
11.4 REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

12. GENERAL TERMS

12.1 Force Majeure. Under no circumstances shall Purch or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

12.2 No Waiver; Severability. No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of Purch to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

12.3 Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Purch and govern your use of the Site, Services and products provided by Purch, and supersede any prior agreements between you and Purch on the subject matter. You also may be subject to additional terms that may apply when you use certain Purch services or third-party content, links or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Purch without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Purch. A party’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. These Terms will not be construed against the drafter. “Include(s)” or “including” means, respectively, “include(s) without limitation” or “including without limitation”, unless expressly stated otherwise. If you are using the Site or Services for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers.

12.4 Notices. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:

Purch
150 Fifth Avenue, 9th Floor
New York, New York 10011

Or
storesupport@purch.com

Last Updated: October 6, 2015

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