LAST UPDATED: February 8, 2017
YOU MAY NOT USE THE SITE IF YOU ARE UNDER THE AGE OF 18. ANY REGISTRATION, USE OF, OR ACCESS TO THE SITE BY ANYONE UNDER THE AGE OF 18 IS UNAUTHORIZED, UNLICENSED AND IN VIOLATION OF THIS AGREEMENT.
We may modify this Agreement, or any policy or guideline of the Site, at any time at our sole discretion. Any modifications will be posted on this page and will be effective immediately, so we suggest you review this page on a regular basis. Your continued use of the Site after any modification will mean you agree to this Agreement as modified. If you do not agree to any modified term, do not use the Site.
PUREGrips offers an online platform for the sale of its products either directly from PUREGrips or indirectly from its authorized distributors. PUREGrips is not responsible or liable for the sale or resale of its products by unauthorized third-parties and such products are not covered by PUREGrips' warranty. PUREGrips is not directly involved in transactions between you and an authorized distributor. PUREGrips does not control the ordering process, fulfillment or delivery of products sold by its authorized distributors.
2. Registration, Accounts, & Passwords
If you establish an account with us, you agree to: (a) provide accurate, current and complete information ("Registration Data"), (b) maintain the confidentiality of your account (including username and password); (c) maintain and promptly update your Registration Data, and any other information you provide to PUREGrips, and keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to PUREGrips.
You are solely responsible for all activities that occur under your account or password, whether authorized by you or not. You agree to (a) immediately notify PUREGrips of any unauthorized use of your account or password and of any breach of security involving your account or the Site; and (b) ensure that you properly exit from your account each time you use the Site.
We may terminate your account and access to our Site if we learn that you have provided us with false or misleading Registration Data. PUREGrips reserves the right at its discretion to suspend or cancel your password if we suspect that it is being used in an unauthorized or fraudulent manner. In addition, we may terminate your account if you do not use the account within a period of at least twelve (12) consecutive months and you may be required to reinstate your account in order to access the Site.
3. Products, Pricing, Orders and Shipping
The description of a product including without limitation features, content, and specifications, and the availability and price of such product appearing on the Site are subject to change at any time without notice. Please be aware that the color of a product appearing on your electronic devise may be different than the actual color of such product. We cannot guarantee that your electronic device will accurately display the color of a product. We make every attempt to ensure that the information on the Site is accurate, complete and up-to-date; however, despite our efforts, it is possible that information on the Site may occasionally be inaccurate, incomplete or outdated. The availability of a product on the Site at a particular time does not guaranty that such product will be available at a different time. In the event of a pricing error or discrepancy on the Site with respect to any product, we reserve the right to cancel any orders (or partial orders) for such product.
By placing an order, you represent that the product ordered will be used only in a lawful manner and for the use intended by the manufacturer. The Site is not intended to subject PUREGrips to the laws or jurisdiction of any state, country or territory other than those of the United States of America, and PUREGrips does not represent or warrant that the Site or any part thereof is appropriate or available for use in any place outside the United States of America. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including laws on minimum age requirements) for the possession, use and/or sale of any product through the Site.
When an order is placed through the Site, it will be shipped to the address designated by the buyer, so long as such shipping address is within the United States of America and otherwise compliant with the terms of shipping contained on the Site. Risk of loss and title for all products purchased from the Site pass to you upon delivery of the product to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost products/shipments.
If an order is placed on the Site by a buyer located in a country other than the United States of America or if the delivery of a product is to an address in a country other than the United States of America, then PUREGrips may refer the order to an authorized distributor for the designated country. PUREGrips will notify the buyer if an order is referred to an authorized distributor and provide the buyer with the contract information for the designated authorized distributor. Subject to availability, the authorized distributor will be responsible for fulfilling and delivering the product(s) specified in the order. All questions and concerns about an order referred to an authorized distributor including returns should be directed to the designated authorized distributor.
4. Confirmation, Cancellation and Coupons
While it is our practice to confirm online orders via email, the receipt of an email order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell a product. We reserve the right, without prior notice and at any time to: (a) limit the order quantity of any product, refuse fulfillment of any order, and/or refuse any customer; (b) discontinue any product; (c) bar any user from making or completing a transaction; and (d) limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.
For clarification, orders may be limited or cancelled at any time including after your receipt of a confirmation or shipping email. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of an order.
5. Ownership and Proprietary Information
The content and information on the Site, including the selection and arrangement of the content and information ("Site Content") is proprietary to PUREGrips and/or its licensors, suppliers, publishers, rights holders, or other content providers. The Site and all Site Content is protected by U.S. and international copyright laws. The Site and all Site Content is ©2016 JMW Golf, LLC, dba PUREGrips and its licensors, All Rights Reserved.
The name "PUREGrips," the PUREGrips' logo and all other product names and slogans displayed on the Site are registered and/or common law trademarks of PUREGrips and/or its licensors, suppliers, publishers, rights holders, or other content providers and may not be copied, imitated or used, in whole or in part, without the prior written permission of an authorized officer of PUREGrips or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks and/or trade dress of PUREGrips and may not be copied, imitated or used, in whole or in part, without the prior written permission of an authorized officer of PUREGrips. Reference to any products or other information, by trade name, trademark, manufacturer, distributor, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PUREGrips.
6. Use Restrictions and Intellectual Property
Subject to the terms, conditions and restrictions set forth in this Agreement, PUREGrips grants you a limited, non-exclusive, personal, non-sublicensable and revocable license to access and use the Site and to view, copy and print portions of the Site Content (the "License"). The License is specifically conditioned upon the following: (a) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (b) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (c) any displays or printouts of Site Content must be marked "©2016 JMW Golf, LLC, dba PUREGrips and its licensors, All rights reserved."; (d) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed on the Site or the Site Content; (e) you may not use any data mining, robots or similar data gathering or extraction methods; (f) you may not use the Site or the Site Content other than for its intended purpose; (g) except as expressly provided herein, you may not reproduce, prepare derivative works from, distribute or display, the Site or any Site Content (other than for page caching); (h) you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and form) of PUREGrips, without express written consent of PUREGrips; and (i) you may not use any meta tags or any other "hidden text" utilizing PUREGrips' name or trademarks; without the express written consent of an authorized officer of PUREGrips. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of an authorized officer of PUREGrips is strictly prohibited and will terminate the License and this Agreement.
Your unauthorized use of the Site or the Site Content may violate applicable laws, including without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except for the License granted above in the preceding paragraph, PUREGrips does not convey or grant to you (and nothing on the Site may be construed as conveying or granting) any right or license, by implication, estoppel or otherwise, in, to or under any patent, trademark, copyright, or other intellectual or proprietary right of PUREGrips or any third party.
The Site may contain links to third-party websites ("Third-Party Sites") and third-party content ("Third-Party Content"). Be aware that your use of links to Third-Party Sites and Third-Party Content is at your own risk. PUREGrips does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content and Third-Party Sites. A link to any Third-Party Sites or Third-Party Content does not imply PUREGrips' endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Sites or Third-Party Content. PUREGrips accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Sites, Third-Party Content, or any other websites linking to the Site. You should review the terms and policies including privacy policies and data gathering practices of any Third-Party Sites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any such Third-Party Sites.
You represent and warrant that your use of the Site and the Site Content will be consistent with the License and this Agreement, and will not infringe, misappropriate or violate the rights of PUREGrips or any other party, or breach any contract or legal duty to PUREGrips or any other party, or otherwise violate any law. You will indemnify and hold harmless PUREGrips for any claims, liabilities and losses arising out of or related to your access and use of the Site and the Site Content.
7. U.S. Government Restricted Rights
The materials on the Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of PUREGrips' proprietary rights in them.
Information on the Site may be changed or updated without notice. PUREGrips may also make improvements and/or changes to its products and programs at any time without notice.
The Site is controlled and operated by PUREGrips from its offices within the United States of America. PUREGrips makes no representation or warranty that the Site and the Site Content are appropriate or available for use in other locations. If you access the Site from locations outside the United States, you do so at your own risk and with the understanding that you are responsible for compliance with all applicable local laws. Information that PUREGrips publishes on the Site may contain references or cross references to products that may not be available in your country. Such references do not imply that PUREGrips intends to make such products available in your country. Contact PUREGrips for information regarding products which may be available to you.
10. Continuous Service
PUREGrips does not warrant or guarantee continuous, uninterrupted, timely, secure or error-free access to or use of the Site. You may experience interruptions to the operation or functionality of the Site for many reasons including reasons outside of PUREGrips' control. PUREGrips does not warrant or guarantee that any defects or bugs will be corrected.
PUREGrips reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your License or any portion thereof, (b) block or prevent your future access to and use of all or any portion of the Site and/or the Site Content, (c) change, suspend or discontinue any aspect of the Site and/or the Site Content, and (d) impose limits on the Site and/or the Site Content.
11. WARRANTY DISCLAIMER
THE SITE AND THE SITE CONTENT ARE PROVIDED ON AN "AS IS, WHERE IS, AND WITH ALL FAULTS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PUREGRIPS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO ITS PRODUCTS, SITE, SERVICES, INFORMATION, SITE CONTENT, AND ANY OTHER CONTENT AND MATERIALS ON THE SITE. PUREGRIPS DOES NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, OR MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT AND ANY PORTION THEREOF.
INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. PUREGRIPS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
12. Limitation of Liability
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST PUREGRIPS, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, ATTORNEYS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SITE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT PUREGRIPS SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PUREGRIPS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE, THE SITE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, EVEN IF PUREGRIPS OR A PUREGRIPS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ANY THEORY OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF PUREGRIPS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EXCEED THE GREATER OF TEN U.S. DOLLARS ($10.00) OR THE AMOUNT YOU ACTUALLY PAID TO PUREGRIPS, IF ANY, IN THE SIX MONTHS PRIOR TO THE EVENT WHICH GAVE RISE TO THE CLAIM.
PURCHASE OF PRODUCT FROM AN AUTHORIZED DISTRIBUTOR IS SUBJECT TO THE POLICIES, TERMS, CONDITIONS, AND FEES OF SUCH AUTHORIZED DISTRIBUTOR. IN NO EVENT WILL PUREGRIPS BE SUBJECT TO DAMAGES FOR OR RELATED TO ANY PURCHASE FROM AN AUTHORIZED DISTRIBUTOR.
Some of the above limitations on liability may not apply to you. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such cases, PUREGrips' liability will be limited to the fullest extent permitted by the applicable law.
13. Governing Law and Dispute Resolution
This Agreement and performance hereunder will be governed by, and construed in accordance with, the laws of the state of Arizona, without giving effect to conflicts of law principles. You agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior to any other form of dispute resolution. All mediation or any other form of dispute resolution will take place in Phoenix, Arizona. You consent to the personal jurisdiction of courts located in Phoenix, Arizona, stipulate to the fairness and convenience of proceedings in such courts, and irrevocably waive, and covenant not to assert, any objection to such venue.
A printed version of this Agreement shall be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. Entire Agreement
The invalidity or unenforceability of any particular provision of this Agreement will not affect the other provisions hereof, and this Agreement will be construed in all respects as if such invalid or unenforceable provision were omitted.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, harmful, damaging, libelous, defamatory, obscene, scandalous, inflammatory, false, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
In its sole and absolute discretion, with or without notice to you, PUREGrips may suspend or terminate your use of and access to the Site, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason, including, but not limited to: (a) concurrent access of the Site with identical user identification, (b) permitting another person or entity to use your user identification, (c) any unauthorized access or use of the Site, (d) violating this Agreement, (e) tampering with or altering any of the software and/or data files contained in, or accessed through, the Site, or (f) failing to use the Site on a regular basis. You may terminate your account for any reason by emailing PUREGrips at email@example.com. PUREGrips will not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your use of the Site. Termination, suspension, or cancellation of your use of the Site will not affect any right or relief to which PUREGrips may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to PUREGrips.
19. Digital Millennium Copyright Act ("DMCA") Notice
We respect the copyright interests of others. If you believe any materials on the Site infringe upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent by providing a written notice that includes the following:
(a) A physical or electronic signature of the copyright owner a person authorized to act on the copyright owner's behalf;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(d) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(e) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on the copyright owner's behalf.
All DMCA notices should be sent to our Designated Agent as follows:
Tabatha A. LaVoie, Esq.
LaVoie Law Firm, P.C.
8817 East Bell Road, Suite 201
Scottsdale, AZ 85260
Tel: (480) 420-2711
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
In accordance with the DMCA and other applicable law, PUREGrips has adopted a policy of terminating, in appropriate circumstances and at PUREGrips' sole discretion, subscribers or account holders who are deemed to be repeat infringers. PUREGrips may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
20. Custom Grip Disclaimer
JMW GOLF, LLC, DBA PURE GRIPS, HAS THE RIGHT TO REPLY ON YOUR SUBMISSION OF A LOGO, GRAPHIC OR DESIGN AS REPRESENTATION AND EVIDENCE OF YOUR OWNERSHIP OF SUCH LOGO, GRAPHIC OR DESIGN WITHOUT A DUTY TO INVESTIGATE OR CONFIRM YOUR OWNERSHIP. PURE GRIPS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE AVAILABILITY OR OWNERSHIP OF LOGOS, GRAPHICS OR DESIGNS DISPLAYED ON ANY PRODUCT. PURE GRIPS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIM OF INFRINGEMENT AS A RESULT OF THE USE OR DISPLAY OF ANY LOGO, GRAPHIC OR DESIGN ON ANY PRODUCT. IT IS SOLELY YOUR RESPONSIBILITY TO OBTAIN THE ADVICE OF AN ATTORNEY REGARDING YOUR RIGHT TO USE A LOGO, GRAPHIC, OR DESIGN.
If you do not understand any of the foregoing terms of this Agreement or if you have any questions or comments, please call our customer service department at 877.916.7873.