Terms of Service
By using any of the products and services offered at puresaltwebsites.com, puresaltwebsites.sitesandservices.com, or any other related domain or subdomain (collectively, the “Website”or “Websites”), or registering an account, you certify that you have read, are authorized to agree to on behalf of your organization, and do hereby agree to, the terms of service set forth in the below document (the “Terms of Service”).
Pure Salt Media, LLC provides its platform to you through its website and related services such as website development, hosting, and media content services (collectively, the “Services”), subject to the following Terms of Service, as amended from time to time. For purposes of the following Terms of Service, “Pure Salt Media,” “Pure Salt Websites,” “we,” “us,” “our,” and other similar terms, shall refer to Pure Salt Media, an Arizona company, the party with whom you are contracting.
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding, and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
In addition, when using the Services, you will be subject to additional applicable policies including our Privacy Policy located at https://puresaltwebsites.com/privacy-policy/. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, these Terms of Service will take precedence in the event of conflict with the Privacy Policy).
Access and Use of the Service
Services Description: Our Pure Salt Websites Services help businesses in the attractions industry and other similar entities (collectively, “Attractions”) design, build, and host their website as a done-for-you service. The Services are a platform; we are not a broker, financial institution, creditor or charity: The Services are an administrative platform only.
Your Registration Obligations
You may be required to register with Pure Salt Media in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration forms. Attractions must register using their true identities, including their name, and domain name. Registration data and certain other information about you are governed by our Privacy Policy. If you are under the age of majority in your jurisdiction (typically 18 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors), with whom Pure Salt Media has entered into contracts, in order to be able to benefit from their services. If Pure Salt Media or one of our payments processors at any time discovers that the information you provided about you or the purpose of your donation request is incorrect or violates any of these Terms of Service or their terms of service, the Services may be suspended or terminated. You acknowledge and agree that the use of third-party payment processors is integral to the Services and that we may exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy.
Service Fees for Attractions
When accepted by Pure Salt Media, the order (whether such order is submitted orally, online through the Website, or on a written order form) submitted by an Attraction creates a contract between the Attraction and Pure Salt Media, consisting of the order, the documents made available by Pure Salt Media to the Attraction to describe the applicable Services at the time the order is accepted by Pure Salt Media (the “Service Description”), and these Terms of Service. An order is “Accepted” by Pure Salt Media when (i) with respect to orders submitted online, Pure Salt Media provides Services in response to the order or bills the Attraction for payment, and (ii) with respect to orders reduced to writing and signed on an approved Pure Salt Media form, when an authorized representative of Pure Salt Media executes such form.
Pure Salt Media will provide, and the Attraction will purchase and pay for, the Services specified in the order for the service fees specified in the order and the applicable Service Description (the “Service Fees”).
The Attraction will pay to Pure Salt Media the Service Fees in the manner set forth in the order. Pure Salt Media may increase the Service Fees (i) in the manner permitted in the Service Description and (ii) at the end of your current monthly or annual subscription, as applicable. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder. All Service Fees are non-refundable. Any amounts payable to Pure Salt Media not paid when due will bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. Pure Salt Media, in its sole discretion, may deactivate delinquent accounts. Upon a reactivation request by an Attraction, the Attraction shall pay Pure Salt Media a reactivation fee in addition to full payment of the outstanding balance due. If Pure Salt Media collects any payment due through an attorney or under advice from an attorney or through a collection agency, the Attraction will pay all costs of collection and litigation, including, without limitation, all court costs and Pure Salt Media’s reasonable attorneys’ fees. If any payment is returned for insufficient funds, Pure Salt Media may impose at our sole discretion, an additional processing charge of $25 per returned payment.
Term and Termination
Services for an Attraction will commence on the effective date indicated in the order and continue for the duration of the term specified in the Service Description. Thereafter, your subscription will automatically renew for successive monthly or annual periods, as the case may be. You can cancel your subscription at any time. Following the termination of your subscription, you will continue to have access to our Services for the balance of the pre-paid subscription period.
Pure Salt Media may terminate this Agreement (i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, or (ii) immediately by giving written notice to an Attraction if Pure Salt Media determines in good faith that the Attraction’s use of the Website, Services, or the Content violates these Terms of Service. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. Notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Pure Salt Media may be entitled.
Client Account, Password, and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Pure Salt Media of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. Pure Salt Media will not be liable for any loss or damage arising from your failure to comply with this Section.
Modification to Services
Pure Salt Media reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
Public Content; Public Display of Information
Some of your activity on and through the Services is public, such as content you post publicly on the Website. Additionally, user profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Services. If you choose to provide information using public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information.
Data Retention
You acknowledge that Pure Salt Media has no obligation to retain data relating to any account. You acknowledge that Pure Salt Media reserves the right to delete data or to terminate accounts at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
Pure Salt Media provides 30 day rolling backups of WordPress content and a backup file can be requested to download WordPress content. WordPress plugins that store backups on the server will be removed. We reserves the right to remove plugins that consume excessive resources or are deemed to be duplicate functionality. Backup files can be requested to be restored by contacting us.
Prohibited Conduct
You are solely responsible for all descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (the “Content”) that you upload, post, publish, display, transmit or otherwise use (collectively, “Upload”) via the Services. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
Pornography, nudity of any kind, adult-related content, promotion of adult services, and otherwise illegal content are not permitted on our Services. Pure Salt Media reserves the right to remove content considered to fall under these categories.
We reserve the right to investigate anyone who, in our sole discretion, violates any of the terms of these Terms of Service. We further reserve without limitation the right to remove the offending Content, suspend or terminate the account of such violators, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and our users.
Payments
Some payment processing services are provided to us by Stripe, Inc. and their related and affiliated entities (“Stripe”) (https://stripe.com/) and are subject to the Stripe Checkout User Terms of Service — United States (https://stripe.com/checkout/legal) (the “Stripe Services Agreement”). You agree and authorize us to bill your credit card via Stripe, or any other of our Payment Processors, in accordance with these Terms.
By agreeing to these Terms, you also specifically agree to be bound by the Payment Processing Agreements, as modified by the Payment Processors from time to time. As a condition of us enabling payment processing services through our Payment Processors, you agree to provide accurate and complete information about you and your organization, and you authorize us to share such information and transaction information related to your use of the payment processing services with our Payment Processors. Please contact us if you have any questions about any of our third-party Payment Processors.
Although our Payment Processors electronic forms may be displayed on our Website or Service, we accept no responsibility or liability for their collection and storage of your payment details or personal information. Our Payment Processors may have their own additional terms and conditions and privacy policies, which apply to your personal information and payment transactions.
Service Refusal and Refund
We reserve the right, at our sole discretion, to refuse our Services to anyone for any reason. In the event that we cancel an order, ongoing project or subscription, a refund for the Services yet to be rendered, will be issued via the original method of payment within 60 days of cancellation.
Intellectual Property Rights
Our Website and Service contain open source and public domain content, licensed content as well as proprietary content owned by us and by independent content providers (“ICP’s”). All rights, title and interest in and to the Website, the Service and their contents, including our website templates, are and will remain the exclusive property of Pure Salt Media, our ICPs and/or licensors, including all intellectual property rights. You are not permitted to copy, share, sell or distribute any other content (including but not limited to text, images, trademarks, videos and audio) on the Website or Service, without our or the owner’s consent.
You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Pure Salt Media, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally Upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Pure Salt Media from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Pure Salt Media, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Pure Salt Media.
The Pure Salt Media name and logos are trademarks and service marks of Pure Salt Media (collectively the “Pure Salt Media Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Pure Salt Media. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Pure Salt Media Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Pure Salt Media Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will Pure Salt Media be liable in any way for any content or materials of any third parties (including users and Attractions) or any User Content (defined below), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Pure Salt Media does not pre-screen content, but that Pure Salt Media and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
User Content Transmitted Through the Services: With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you Upload or post through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content in connection with the Services, you hereby grant and will grant Pure Salt Media and its affiliated companies and users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, Upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Pure Salt Media and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Pure Salt Media in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Pure Salt Media’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to Pure Salt Media are non-confidential and Pure Salt Media will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that Pure Salt Media may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Pure Salt Media, its users or the public.
Copyright Complaints: Pure Salt Media respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Pure Salt Media of your infringement claim in accordance with the procedure set forth below. Pure Salt Media will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Pure Salt Media’s Copyright Agent at “hello [at] puresaltmedia.com” (Subject line: “DMCA Takedown Request”). If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to Upload and use the content in your User Content, you may send a written counter-notice to the above-listed Copyright Agent.
Payment Card Industry Data Security Standard
The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, Pure Salt Media is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.
Third-Party Websites and Services
The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third-Party Resources”). Pure Salt Media has no control over such Third-Party Resources or any products, services or content made available through or by such Third-Party Resources, or the business practices of the third parties providing such Third-Party Resources, and Pure Salt Media is not responsible for and does not endorse such Third-Party Resources or the products, services or content made available thereby. You acknowledge that Pure Salt Media is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Resources. You further acknowledge and agree that Pure Salt Media will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third-Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms of the third party, which you agree to by using such Third-Party Resources, and you agree that Pure Salt Media is not liable for any loss or claim that you may have against any such third-party.
Indemnity and Release
You agree to release, indemnify on demand, and hold Pure Salt Media and its affiliates and their officers, members, managers, employees, directors and agents harmless from any and all losses, damages, expenses (including reasonable attorneys’ fees), costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to (i) your use of the Services, (ii) your violation of these Terms of Service, or (iii) your violation of any rights of another. You agree that Pure Salt Media has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Pure Salt Media for the costs of its defense (including, but not limited to attorney’s fees.) If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WEBSITE DESIGN, DEVELOPMENT, AND HOSTING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PURE SALT MEDIA AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PURE SALT MEDIA AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PURE SALT MEDIA NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF PURE SALT MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PURE SALT MEDIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PURE SALT MEDIA IN THE LAST THREE (3) MONTHS, OR, IF GREATER, SIX HUNDRED DOLLARS ($600).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Disputes
ARBITRATION CLAUSE & CLASS ACTION WAIVER – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration; Class Action Waiver: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS, MEMBERS, OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
The Process: Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org by calling the AAA at 1-800-778-7879. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Please email hello [at] puresaltmedia.com and we will provide you with our current physical mailing address upon request. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing or as provided by law.
Fees: If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in Phoenix, Arizona, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, 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.
Modifications to this Arbitration Provision: If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability: If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service.
Confidentiality: We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
Termination
You agree that Pure Salt Media, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Pure Salt Media will have no liability or responsibility with respect thereto. Pure Salt Media reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
General
These Terms of Service constitute the entire agreement between you and Pure Salt Media and govern your use of the Services, superseding any prior agreements between you and Pure Salt Media with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Pure Salt Media without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Pure Salt Media agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Mericopa County, Arizona. The failure of Pure Salt Media to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or 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. You may not assign these Terms of Service without the prior written consent of Pure Salt Media, but Pure Salt Media may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.
