Purjosh Website Terms of Use

Acceptance of Terms of Use

Welcome to the website of Purjosh, Inc. (“Purjosh”, “us”, “our” or “we”). The following terms and conditions (these “Terms of Use”) govern your access to and use of purjosh.com and all subdomains (collectively, the “Website”).

Please read these Terms of Use carefully before you start using the Website. By using the Website, you accept and agree to be bound by and abide to these Terms of Use.

If you do not want to agree to these Terms of Use, then please exit the Website and cease any further use or access of the Website.

Ownership and Intellectual Property Rights

This website is owned and operated by Purjosh. If you have any questions regarding these Terms of Use, please contact us at info@purjosh.com.

“Content” means all of the features and functionality accessible through the Website, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof. Where applicable, a reference throughout these Terms of Use to Website will also include Content. The Purjosh name and all related product and service names, logos, designs, and slogans used within this Website are trademarks of Purjosh or its licensors that you may not use without Purjosh prior written permission. No right, title or interest in or to the Website is transferred to you. All rights not expressly granted are reserved by Purjosh. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Limited License Grant; Revocation of License

Subject to these Terms of Use, Purjosh grants to you a non-exclusive, non-transferable license to use the Website, solely for the purpose of accessing the Content. We reserve the right to withdraw or amend this Website, along with any Content, in our sole discretion without notice. We can also revoke the licenses granted or deny you future access to the Website, or impose conditions on your future access, including but not limited to requiring payment of subscription or license fees as a prerequisite for future access.

Restrictions on Use

You are not permitted to do any of the following while using the Website: (a) conduct or promote any illegal activities; (b) upload, download, distribute or print anything that violates the Terms of Use or that may be harmful to others; (c) attempt to reverse engineer or jeopardize the correct functioning of the Website; (d) attempt to gain access to secured portions of the Website to which you do not possess access rights; (e) upload, submit, or transmit any form of virus, worm, Trojan horse, or other malicious code; (f) use the Website to generate unsolicited email advertisements or spam; (g) use any automatic or manual process to harvest information from the Website; (h) impersonate another user; or (i) copy or distribute or attempt to copy or distribute the Content.

Links to Third-Party Sites. This Website may allow you to access other websites that are not under Purjosh’s control (collectively, the “Third-Party Sites”). Any links to Third-Party Sites are provided as a convenience only. Purjosh does not endorse any Third-Party Sites and assumes no responsibility or liability for any material that may be accessed on Third-Party Sites.

Links from Third-Party Sites. Purjosh prohibits unauthorized links to its Website and the framing of any information contained on the Website or any portion of the Website and reserves the right to disable unauthorized links at any time. Purjosh has no responsibility or liability for any materal that may contain links to the Website.

User Contributions

Certain areas of the Website may allow you to post content that can be accessed and viewed by others, including the general public (collectively, “User Contributions”).  You may only post User Contributions in areas where you are permitted to post.  You may not post content that violates these Terms of Use.  By submitting User Contributions to the Website, you grant to us the right to use, copy, display, perform, distribute, adapt and promote your User Contributions in any medium.  Any User Contribution will be considered non-confidential and non-proprietary and may be distributed publicly. You understand and agree that Purjosh makes no representation or warranties: (a) about the selection of User Content submitted to it via the Website; (b) that Purjosh discloses all submitted User Content.

Responsibilities Related to User Contributions

You take sole and complete responsibility for your User Contributions to our Website in any form, including without limitation comments, feedback, data, information, presentations, graphics, photos, videos, and other communications. You will not upload, submit or otherwise transmit any content that (a) you do not own or to which you do not have the written permission of the owner to upload to the Website, (b) in any way infringes on the rights of third parties, or (c) is in any way pornographic, libelous, profane, abusive, harassing, obscene, racist, hateful or invades the privacy rights of another. You represent and warrant that you have the permission of those individuals or entities whose information appears in your User Contributions and that you have obtained the necessary permissions to disclose such information to the general public, and to show any trademarks that may appear in your User Contributions. You are solely responsible for retaining your own backup copies of any of your User Contributions.

Disclaimers Related to User Contributions

Though Purjosh expects all users to adhere by our content policies in these Terms of Use, you may be exposed through the use of the Website to content that violates our policies or is otherwise offensive. Your use of the Website is at your own risk.  You agree that Purjosh is not liable for User Contributions.  We take no responsibility for your exposure to content on the Website whether or not it violates our content policies. You understand that the information and any opinions in User Contributions represent solely the thoughts of the author and are neither endorsed by Purjosh nor does it necessarily reflect our beliefs. Opinions on the Website are not to be construed as assertions of fact.

Removal of User Contributions

Purjosh has no duty to pre-screen User Contributions, but we reserve the right to refuse to post or to redact User Contributions at our discretion.  We reserve the right to remove User Contributions for any reason, but we are not responsible for any failure or delay in removing such material.  If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us at notices@purjosh.com to report possible copyright issues. Please include the following information in your report:  (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Without limiting any of the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

Password-Protected Areas. Certain areas of the Website may be password protected and as such, can only be accessible to those users who have a validly issued username and password from Purjosh. Password-protected areas may require subscription fees prior to access and could be subject to additional terms and conditions as stated in the subscription agreement. If you have access to a password-protected area on Purjosh, then you are responsible for maintaining the confidentiality of your username and password and you are solely liable for any actions that occur under your account.

Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless Purjosh, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims and expenses, including attorney’s fees that arise from: (a) your use or misuse of the Website; (b) any violation of these Terms of Use; and (c) any of your User Contributions. Purjosh reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Purjosh in asserting any available defenses.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Website or any Content available for view or download (including User Contributions) will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Purjosh NOR ANYONE ASSOCIATED WITH Purjosh REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL Purjosh, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN 30 DAYS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Privacy Policy

The terms and conditions governing collection and handling of any information you submit while using this Website, along with then-current privacy policies are contained in a separate Privacy Policy available on purjosh.com. From time-to-time, Purjosh may post other policies on its website. You agree to abide by all such policies that are posted on purjosh.com.

Changes to Terms of Use

Purjosh reserves the right to modify these Terms of Use at any time, in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means you accept and agree to the changes. It is your responsibility to check this page from time-to-time so you are aware of any changes, as they are binding on you.

No Agency

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Purjosh as a result of these Terms of Use or your use of or access to the Website.  

Assignment

You may not assign, sublicense or otherwise transfer any of your rights hereunder, nor delegate any of your duties hereunder.  Purjosh may freely assign, sublicense or transfer its rights or delegate its duties hereunder without notice to you.  

Enforceability

If any provisions of these Terms of Use are found to be invalid or unenforceable for any reason, such provision must be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability, and the remainder will continue in full force and effect.  

No Waiver

No waiver by Purjosh under these Terms of Use will be valid or binding unless set forth in writing and duly executed by Purjosh.  Any such waiver constitutes a waiver only with respect to the specific matter described therein and in no way impairs the rights of Purjosh in any other respect or at any other time.  

Governing Law and Jurisdiction

You agree that any legal action relating to these Terms of Use may take place only in Los Angeles, CA and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with Purjosh and waive trial by jury in any such action.

Headings

The headings in these Terms of Use are inserted merely for the purpose of convenience and will not affect the meaning or interpretation of these Terms of Use.

Entire Agreement

These Terms of Use constitute the entire agreement between Purjosh and you with respect to your rights to access and use the Website.