1. Introduction
Welcome to the website of Java Pura, LLC (“Java Pura™”). This site, its contents and the goods and services offered hereon are provided to you subject to these terms and conditions. This document is a contractual agreement (“Agreement”) between you and Java Pura™. As a condition for accessing and/or purchasing goods or services, you hereby agree to all terms of this Agreement. Java Pura™ may modify this Agreement at any time without prior notice to you. Such modification shall be effective immediately upon the first of the following events to occur: (1) posting of the modified Agreement to the website, or (2) upon otherwise notifying you of the modified Agreement. You agree to periodically review the terms and conditions set forth in this Agreement to ensure that you are aware of any modifications.
2. Security
You agree keep your user name and password confidential and not to distribute it or otherwise allow any one other than you to access your account. Your user name and password is the key to all of the information you furnish to us in your account, including your name, contact information, email address, credit card or other payment information, and any other information you provide to us.
Any communication you make to Java Pura™ over the Internet, whether sent via e-mail or via a form on the website, should be regarded as an insecure communication, unless we explicitly state on an appropriate web page that you can expect the communication to be secure or encrypted.
3. Refusal & Termination of Service
Java Pura™ reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.
4. Intellectual Property Rights
Unauthorized duplication of this site, in whole or in part, is a violation of United States laws and international treaties.
A. Copyrights
Unless otherwise stated, Java Pura, LLC owns the copyright in this website and the content thereof (“Copyright Material”). The Copyright Material is protected by United States and international copyright laws and treaties. You may display and download portions of the website solely for your own personal, non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded from the Java Pura™ website. All other uses, including, without limitation, the reproduction, copying, modification, distribution, sale, lease, transmission, republication, public performance, public display, or any commercial use of the content on this site are strictly prohibited by law.
B. Trademarks
JAVA PURA™ and the Java Pura™ design, images, and graphics are trademarks, trade names, or service marks of Java Pura™ (jointly and severally “Trademarks”). The Trademarks may not be used in any manner by any person, organization, or entity, or in connection with any product or service, without the express written authorization of an officer or director of Java Pura™. All other trademarks, service marks, and trade names are the property of their respective owners and are used on this site by virtue of a right or license from their respective owners.
5. Visitor Representations & Warranties
You represent and warrant that you are at least 18 years of age or are otherwise of the age of majority in place where you reside, and that you possess the legal right and ability to enter into this valid and binding Agreement in accordance with the terms hereof. You agree to be financially responsible and otherwise responsible for your use of the website, products, and services and to comply with your responsibilities and obligations as stated in this Agreement. You further agree to (i) provide true, accurate, current and complete information about you as requested by the forms available on this website; and (ii) to maintain and update your information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Java Pura™ has the right to terminate your account and refuse any and all current or future use of the website.
6. Governing Law, Jurisdiction, & Venue
All uses of the website, and all content contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for conflicts of laws principles. You further irrevocably agree that the state and federal courts situated in Harris County, Texas shall have exclusive jurisdiction and venue over any and all disputes arising under or related to this Agreement and you hereby expressly waive jurisdiction and venue in any other forum.
7. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS JAVA PURA™, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OWNERS, JOINT VENTURERS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING FROM, OR RELATING TO, YOUR BREACH OF THIS AGREEMENT, ANY TORTIOUS CONDUCT PERFORMED BY OR ALLEGED AGAINST YOU, AND ANY OTHER ACTION OR OMISSION RELATING TO YOUR USE OF THIS SITE. JAVA PURA™ MAY, AT ITS SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE POTENTIAL TO AFFECT JAVA PURA’S™ RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT JAVA PURA’S™ PRIOR WRITTEN APPROVAL.
8. LIMITATION OF LIABILITY
ACCESS TO THIS WEBSITE AND THE AND SERVICES OFFERED HEREON IS OFFERED ON AN “AS IS” BASIS. YOU AGREE THAT JAVA PURA™ AND ITS PAST, PRESENT, AND FUTURE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, OWNERS, JOINT VENTURERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES OR INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE FROM OR RELATE IN ANY WAY TO YOUR ACCESS TO OR USE OF THIS SITE OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, JAVA PURA™ SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.
9. DISCLAIMER OF ALL OTHER WARRANTIES
ALL GOODS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, IMAGES, VIDEO CLIPS, AUDIO CLIPS, PHOTOGRAPHS, AND EXTERNAL LINKS, ARE OFFERED ON AN “AS IS” BASIS. JAVA PURA™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THIS SITE OR THE INFORMATION, MATERIALS, CONTENT, GOODS, OR SERVICES CONTAINED HEREON. JAVA PURA™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JAVA PURA™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE ACCESS OR USE OF THIS SITE OR GOODS OR SERVICES OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.
10. RISK OF LOSS
Java Pura shall deliver all goods ordered by you to a carrier for shipping to the place designated by the customer. The customer is responsible for all shipping costs, and all risk of loss shall pass to the customer when the goods are delivered to the carrier.
11. COMPLIANCE WITH LAWS
Customer represents, warrants and agrees that it has and shall comply with all applicable laws, rules and regulations related to this Agreement, including, without limitation, all import and export control laws.
