Effective Date: August 28, 2023
By accepting these Terms through your use of our websites or services, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the websites and services under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the websites. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the websites, including all financial charges and legal liability that such child may incur.
REPRESENTATIONS AND WARRANTIES TO PURA VIDA
By using our services, you represent, warrant, and agree:
- You meet all age and eligibility requirements expressed in these Terms;
- You will only purchase products from us solely for your own personal, non-commercial use. You may not purchase any products or use any of our services to further distribution or resale or for any other commercial or business purposes;
- You will only use our services for lawful purposes, and will not use our services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
- You will not use our services to cause nuisance, annoyance or inconvenience;
- You will not impair or harm the proper operation of our services;
- You will not copy, or distribute any content contained within our services without written permission from Pura Vida;
- You will only use our services for your own use and will not resell any aspect of our services to a third party;
- You own or control all rights in and to any information or property shared with us;
- You will provide us with whatever proof of identity we may reasonably request;
- You have not previously been suspended or removed from our services;
- Your use of our services is in compliance with applicable laws and regulations;
- You will not transmit any worms, viruses, or any code of a destructive nature on any of our services;
- You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the websites and services, use of the websites and services, or access to the Website and/or services or any contact on the websites through which any services are provided, without our express written permission.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the websites and services are not accurate, complete or current. All materials on the websites and services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the website and services is at your own risk.
The websites and services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the websites at any time, but we have no obligation to update any information on the websites and services. You agree that it is your responsibility to monitor changes to the websites and services.
Occasionally there may be information on our websites or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
As part of your use of our websites and services, you consent to receive electronic notifications from Pura Vida. You may opt-out of receiving certain notifications in association with our services by completing the opt-out process provided in each message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain services, announcements or notifications even if you have opted-out from other messages.
PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the websites. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on the websites. We cannot guarantee that your computer monitor's display of any color will be accurate. The products on the websites are presented with the greatest precision in order to fulfill the provisions of the U.S. Federal Trade Commission Act, which stipulate the necessity for the customer to be aware before the final order of the essential characteristics of the items which he or she wishes to purchase. If, in spite of all the care taken by Pura Vida, there are inaccuracies in the presentation on the websites, Pura Vida shall in no event incur any liability therefor. Pura Vida does not warrant that item descriptions or other content of the websites is accurate, complete, reliable, current, or error-free. If a product offered on the websites is not as described, your sole remedy is to return it in unused condition for a refund.
Limit of Sales
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, services, and related pricing are subject to change at any time without notice, at our sole and absolute discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on the websites is void where prohibited.
Quality of Products and Services
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the services (or any part thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the services (or any part thereof).
Some of the products and services available through or in connection with our websites require you to register for an account. There is a limit of one (1) account per individual and you may only establish an account if you are 18 years of age or over.
To establish an account, you must complete the free registration process on the websites. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant that you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
Some of the products and services available through or in connection with our websites require you to purchase a subscription to have certain products shipped to you on a monthly schedule. The price that we will charge you for subscriptions is based on a tiered pricing structure that depends on the length of the initial subscription period – monthly, semi-annual (6 months), and annual (12 months). We reserve the right to change a product’s price or the tiered pricing structure at any time, with appropriate notice to you.
YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT.
You hereby authorize us and our merchant provider(s) to charge your credit card, debit card, or other acceptable method of payment in advance for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to purchase. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account. We reserve the right to terminate any account at any time for any reason. For monthly subscriptions, your payment method will be charged on the 7th calendar day of each following month. For semi-annual subscriptions your payment method will be charged on the 7th calendar day of the month following the initial 6-month period. For annual subscriptions, your payment method will be charged on the 7th calendar day of the month following the initial one-year period.
To avoid being charged for the next subscription period, you must cancel or pause your subscription before the 7th calendar day of the month in which your subscription renews. We will continue to bill your Payment Method on a recurring basis until you cancel or pause. Cancellation simply avoids the recurring charge and we do not issue refunds for the remaining months of a pre-paid semi-annual or annual subscription.
If you have created an account, you may cancel your subscription from your account located at https://www.puravidabracelets.com/account. Click on the “Manage Subscriptions” link, then follow instructions towards cancellation.
If you do not have an account with us, or if you just prefer to call or email for any reason, you may cancel your subscription by calling us at (858) 232-4945 or emailing us at firstname.lastname@example.org. Please note: We do not offer live phone support at this time, but if you leave us a voicemail with your name and email address, we will follow up with you within 24 hours.
Pausing Your Monthly Subscription
If you have purchased a subscription that renews each month, and is not prepaid, we offer the ability to pause your subscription on a monthly basis at no additional charge. You will not be charged for the months that you elect to pause; so long as you pause your subscription before the 7th calendar day of that month. You can pause your monthly subscription by simply contacting us at (858) 232-4945 or emailing us at email@example.com to let us know you want to skip that month’s pack. Please note: We do not offer live phone support at this time, but if you leave us a voicemail with your name and email address, we will follow up with you within 24 hours. If you have an account with us, you can log into your account at https://www.puravidabracelets.com/account and click on the “Manage Subscriptions” link, then follow instructions for pausing/skipping shipments. You must notify us through any of the methods mentioned above (by calling during business hours, emailing us or logging into your account) that you are skipping prior to the 7th calendar day of each month you want to pause/skip. Your monthly subscription will automatically renew and continue in the following month, unless you pause your subscription again following the simple steps listed above, or if you chose certain months to pause/skip. At this time, we do not offer the option to pause/skip shipments for annual and semi-annual subscriptions.
If you have any problems, you can also live chat with our support staff by clicking the “Help” link at the bottom right hand corner of the screen on our homepage or visiting this FAQ link on cancelling and pausing your subscription: https://support.puravidabracelets.com/hc/en-us/articles/215652543-Can-I-cancel-my-Pura-Vida-Monthly-Club-subscription.
If your order is already on the way and you still want to pause or cancel, reach out to us and we’ll try our hardest to come up with a solution.
We offer a rewards program called The Shore Club ("Program") through www.puravidabracelets.com that is open to legal residents of the fifty (50) United States and the District of Columbia. The Program allows an account holder to accumulate and redeem points called “Shore Dollars”, on an individual basis and solely for your own account.
In order to be able to access and redeem Shore Dollars you have earned; you must first register for an account through the websites.
Membership in The Shore Club has 3 membership tiers.
First Tier – The #PVInsider Tier: By creating an account through the websites, you will be automatically enrolled in the #PVInsider membership tier. In addition to earning Shore Dollars, while you are a #PVInsider, you are included in an insider mailing list.
Second Tier – The #PVIP Tier: By spending between USD$100.00 and USD$199.00 on Qualifying Purchases, you will be enrolled in the #PVIP membership tier. In addition to earning Shore Dollars, while you are a #PVIP you qualify for exclusive promotions, early access to certain sales and promotions and are included in an insider mailing list.
Third Tier - The #PVA-Lister Tier: By spending USD$200.00 or more on Qualifying Purchases, you will be enrolled in the #PVA-Lister membership tier. In addition to earning Shore Dollars, while you are a #PVA-Lister you qualify for exclusive promotions, early access to certain sales and promotions, free shipping on all orders and are included in an insider mailing list.
Your membership tier is determined by the amount you spend on Qualifying Purchases (as defined below) within a rolling 12-month period. For example, if you spend $200 on Qualifying Purchases, you will be enrolled as a #PVA-Lister for a period of 12 months from the original date of purchase. If you do not spend at least an additional USD$200.00 on Qualifying Purchases within 12 months of entering the #PVA-Lister tier, then your membership tier will be automatically decreased to the corresponding tier based on the amount you actually spent on Qualifying Purchases in that period.
Earning Rewards Points Through Qualifying Purchases
When you shop on the websites your account will be credited with an amount of Shore Dollars based on your current membership tier, as follows:
#PVInsider members earn 1 Shore Dollar for every USD$1.00 spent on any “eligible product” that is purchased and not returned ("Qualifying Purchase").
#PVIP members earn 1.5 Shore Dollars for every USD$1.00 spent Qualifying Purchases.
#PVA-Lister members earn 2 Shore Dollars or every USD$1.00 spent on Qualifying Purchases.
The amount of Shore Dollars earned from a Qualifying Purchase is calculated based on the subtotal, after all discounts have been applied. You do not earn any Shore Dollars for amounts spent in connection with applicable taxes, and shipping and handling. When products are returned for a refund to the original payment method, Shore Dollars will be deducted from your account for the amount of return, net of taxes, shipping and handling.
“Eligible products” include regular priced merchandise purchased by an individual consumer directly from the websites, and specifically does not include (i) fundraising products; (ii) custom bracelets or products; (iii) engraved bracelets or products; (iv) promotions (e.g. giveaways, holiday sales, etc.). For the avoidance of doubt, no Shore Dollars are earned for purchase of products at bulk, products purchased by or for any organization or entity (i.e. fundraising events, corporate or business accounts, retail or wholesale accounts, etc.). We reserve the right, and you hereby grant us the right to review account activity for purchase patterns that fall outside the intended use of the Program. We have the sole discretion to determine whether your purchase patterns violate these Terms and if we make such a determination, then your Shore Dollars will be forfeited and your account may be suspended or terminated at our sole discretion.
Earning Rewards Points Through Activities
You can earn Shore Dollars through participating in various activities on the websites. For example, (i) creating your account currently earns you 25 Shore Dollars, (ii) account holders currently earn a 25 Shore Dollar bonus on your birthday, (iii) following us on TikTok currently earns 15 Shore Dollars, and (iv) following us on Instagram currently earns 15 Shore Dollars. These amounts are subject to change.
Redeeming Rewards Points
You can redeem Shore Dollars for eligible products, and/or discounts that will be applied to the purchase price of eligible products.
Redeeming for Discounts:
- 100 Shore Dollars can be redeemed for USD$5.00 off the purchase price of eligible products;
- 200 Shore Dollars can be redeemed for USD$10.00 off the purchase price of eligible products;
- 400 Shore Dollars can be redeemed for USD$20.00 off the purchase price of eligible products;
- 600 Shore Dollars can be redeemed for USD$30.00 off the purchase price of eligible products;
- 800 Shore Dollars can be redeemed for USD$40.00 off the purchase price of eligible products.
- 1000 Shore Dollars can be redeemed for USD$50.00 off the purchase price of eligible products.
You cannot redeem Shore Dollars for the purchase of, or discounts off, initial subscription purchases or any recurring order(s). You cannot redeem Shore Dollars for the purchase of, or discounts off, custom bracelets and/or products. We reserve the right to substitute a reward item of comparable or greater value, at our sole discretion.
Shore Dollars or applicable rewards cannot be applied to previously purchased products and/or services and are only eligible on next purchase.
For more information about the current ways to redeem Shore Dollars for eligible products and discounts, please visit The Shore Club FAQ.
Expiration of Rewards Points
Shore Dollars will automatically expire twelve (12) months from the date they are earned or if the Program is terminated, whichever is earlier. It is your responsibility to monitor your account and Shore Dollar status. Please note that the action of making redemptions of your Shore Dollars does not qualify as a "purchase" for the purpose of this determination.
General Rewards Program Conditions
You agree not to abuse the Program and any social media platforms connected to the Program by conduct which is detrimental to our interests, including without limitation, attempting to accrue points or redeem Shore Dollars in a manner inconsistent with these Terms or the intent of these Terms, attempting to earn points through illegitimate channels, participating in redemption fraud, or tampering with the Program or its tools.
We reserve the right at any time to (i) suspend or terminate the Program at any time; (ii) add, modify and/or delete any parts of the Program, the points you can earn in connection with completing any Qualifying Purchases and/or any limitations placed on total points you can earn in connection with any Qualifying Purchases; and (iii) create, add, withdraw, amend, or otherwise change the ways in which you can earn and/or redeem rewards points, at any time at our sole discretion, with or without notice to you. Rules for earning rewards points may include number of rewards points earned for the activity, number of times reward points can be earned for a particular activity, maximum number of reward points that can be earned, and criteria for earning rewards points. We also reserve the right to make activities and rules for the activities available only to select account holders, and may be based on purchase activity, geographic location, level of participation, and/or information supplied by you.
Any changes we make will be effective immediately upon notice, which we may give by the new Program terms and conditions updated on this page. Your participation in the Program after such notice will be deemed acceptance of such changes. It is your responsibility to check back regularly for any updates and changes.
You cannot transfer, substitute or redeem Shore Dollars for cash. Your Shore Dollars have no cash value. You cannot give or transfer your Shore Dollars to anyone else. Once you redeem Shore Dollars, the redemption cannot be reversed and is final. Products purchased using Shore Dollars cannot be returned to us and no Shore Dollars will be returned to you if you attempt to return such products to us.
The Program is not valid in combination with any other programs that we offer. By participating in the Program, you (and, if an eligible minor, your parent or legal guardian) agree (i) to release, discharge, indemnify and hold harmless us, our parents, subsidiaries, affiliates, retailers, advertising and promotion agencies, and all of their respective representatives, officers, directors, shareholders, employees and agents (collectively, "Released Parties") from any liability or damages which may arise out of participation in the Program or out of the acceptance, use, misuse or possession of any rewards points or products attained, achieved or received through this Program.
The Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected rewards points, requests, items or other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the tabulating of rewards points, the announcement of the Program or in any Program-related materials. Persons found tampering with or abusing any aspect of the Program, who are acting in a disruptive or unsportsmanlike manner or who are otherwise not in compliance with these Terms as solely determined by us may be removed from the Program and all rewards points will be void. The Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Program or downloading materials from or use of the websites.
All questions or disputes regarding the Program, including without limitation those involving eligibility, participation, fraud and abuse, will be resolved by us.
Your participation in the Program constitutes permission for us and our designees to use your name, biographical information, image, likeness and/or statements about the Program for advertising, trade, promotional and other purposes in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.
BILLING, PAYMENT, AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You understand that your content (not including credit card information), may be transferred without encryption and involves (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
We may provide you with access to third party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through the websites are entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).
We may also, in the future, offer new services and/or features through the websites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
THIRD PARTY LINKS AND SOURCES
Third Party Content
Terms applicable for Apple IOS and Other Platforms and Devices
If you are accessing or using the service through Apple, Android, or other third party platforms or services, those third party services’ own terms and policies apply to such access and usage.
Dealings with Third Parties
Any interactions, correspondence, transactions, or dealings you have with any third parties found on or through the service (including on or via third party services or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). As permitted by applicable law, Pura Vida disclaims all liability in connection therewith.
Service content, Software and Trademarks
You acknowledge and agree that our websites and services may contain content or features (“service content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Pura Vida , you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our services or any service content, in whole or in part, except that the foregoing does not apply to your own feedback that you legally upload to our services. You may not access our services through robots, scraping tools or similar data-gathering or extraction methods.
The Pura Vida name and logos are trademarks and service marks of Pura Vida (collectively the “Pura Vida Trademarks”). Other company, product, and service names and logos used and displayed via our services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Pura Vida. Nothing in these Terms or in our services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Pura Vida Trademarks displayed through our services, without our prior written permission in each instance. All goodwill generated from the use of Pura Vida Trademarks will inure to our exclusive benefit.
Third Party Material
Under no circumstances will Pura Vida be liable in any way for any content or materials of any third parties (including users), including, but not limited to, 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 Pura Vida does not have a duty to pre-screen content, but that Pura Vida and its designees will have the right in their sole discretion to refuse or remove any content that is available via our services. This includes the right to remove any content that violates these Terms or is deemed by Pura Vida to be objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Feedback Transmitted Through Our Services
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information about our services (“feedback”), provided by you to Pura Vida is non-confidential, and Pura Vida will be entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Pura Vida may preserve content and may also disclose feedback or content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Pura Vida, its users and the public. You understand that the technical processing and transmission of our services, including your content, may involve (v) transmissions over various networks; and (vi) changes to conform and adapt to technical requirements of connecting networks or devices.
Pura Vida respects the Intellectual Property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other Intellectual Property infringement. Pura Vida will promptly 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. Upon receipt of notices complying or substantially complying with the DMCA, Pura Vida may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Pura Vida may terminate access for users of the Pura Vida services who are infringers. Pura Vida reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
In accordance with the DMCA and other applicable law, Pura Vida has adopted a policy of terminating, in appropriate circumstances and at Pura Vida’s sole discretion, users who are deemed to be repeat infringers. Pura Vida may also at its sole discretion limit access to the Pura Vida services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Notifying Pura Vida of Copyright Infringement
Pura Vida will process and investigate notices of alleged infringement and will take appropriate actions consistent with the U.S. 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 Pura Vida’s Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”).
To provide Pura Vida with notice of an infringement, you must provide a written communication to the attention of “DMCA Notification Department” at email@example.com that sets forth the information specified by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
We must receive the following information from you:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property interest;
- A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
- A detailed description of where the material that you claim is infringing is located or found on the websites or services;
- Your address, telephone number, and email address;
- 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
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner's behalf.
Providing Pura Vida with Counter-Notification
If Pura Vida removes or disables access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide Pura Vida with a counter notification by written communication to the attention of “DMCA Counter Notification Department” at firstname.lastname@example.org that sets forth the following information:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal courts located within California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
If a counter-notice is received by the Copyright Agent, Pura Vida will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Indemnity and Release
You agree to release, indemnify, and hold harmless Pura Vida, its affiliates, and its and their respective officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of websites and services, your violation of these Terms, or your violation of any rights of another.
Disclaimer of Warranties Related to our Services
YOUR USE OF OUR WEBSITES AND SERVICES IS AT YOUR SOLE RISK. OUR WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PURA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES 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.
PURA VIDA MAKES NO WARRANTY THAT (I) OUR WEBSITES AND SERVICES WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR WEBSITES AND SERVICES WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PURA VIDA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PURA VIDA 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 OUR SERVICES OR ANY CONTENT; (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 OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL PURA VIDA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PURA VIDA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). 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 ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITES AND SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR WEBSITES AND SERVICES.
We may modify these Terms at any time. We will post the changes on our website with the effective date. Your continued use of our website or our services after the date of any such changes become effective constitutes your acceptance of these Terms.
Terms will be governed by the laws of Indiana without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and Pura Vida agree to submit to the personal and exclusive jurisdiction of the local courts located in Allen County and the federal courts located in the United States District Court for the Northern District of Indiana. Pura Vida may assign or transfer these Terms, in whole or in part, without restriction.
The failure of Pura Vida to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of our services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
IN THE EVENT OF A DISPUTE, YOU OR PURA VIDA MUST GIVE THE OTHER A NOTICE OF DISPUTE, WHICH IS A WRITTEN STATEMENT THAT SETS FORTH THE NAME, ADDRESS AND CONTACT INFORMATION OF THE PARTY GIVING IT, THE FACTS GIVING RISE TO THE DISPUTE, AND THE RELIEF REQUESTED. YOU MUST SEND ANY NOTICE OF DISPUTE BY U.S. MAIL TO PURA VIDA, 7979 IVANHOE AVE. SUITE 400, LA JOLLA, CA 92037, ATTN: PRIVACY COMPLIANCE OFFICE, SUBJECT: DISPUTE NOTICE). YOU AND PURA VIDA WILL ATTEMPT TO RESOLVE ANY DISPUTE THROUGH INFORMAL NEGOTIATION WITHIN 60 DAYS FROM THE DATE THE NOTICE OF DISPUTE IS SENT. AFTER 60 DAYS, YOU OR PURA VIDA MAY COMMENCE ARBITRATION. YOU ARE NOT REQUIRED TO WAIT 60 DAYS TO FILE A SMALL CLAIMS ACTION.
THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES, INCLUDING THE AAA'S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE AAA'S RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES (“ARBITRATION FEES”) WILL BE GOVERNED BY THE AAA'S RULES. YOU AGREE TO COMMENCE ARBITRATION ONLY IN YOUR COUNTY OF RESIDENCE OR ALLEN COUNTY INDIANA. WE WILL REIMBURSE TO YOU ARBITRATION FEES YOU PAID FOR CLAIMS TOTALING LESS THAN $10,000 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. PURA VIDA WILL NOT SEEK ATTORNEYS’ FEES AND COSTS IN ARBITRATION UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSION, OR IN PERSON BY FOLLOWING THE AAA RULES. IN A DISPUTE INVOLVING $10,000 OR LESS, ANY HEARING WILL BE TELEPHONIC UNLESS THE ARBITRATOR FINDS GOOD CAUSE TO HOLD AN IN-PERSON HEARING INSTEAD. THE ARBITRATOR MAY AWARD THE SAME DAMAGES TO YOU INDIVIDUALLY AS A COURT COULD.
YOU AGREE THAT THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE TO WHICH THIS SECTION APPLIES MUST BE FILED WITHIN ONE YEAR IN SMALL CLAIMS COURT OR IN ARBITRATION WITH THE AAA. THE ONE-YEAR PERIOD BEGINS WHEN THE CLAIM OR NOTICE OF DISPUTE COULD FIRST BE FILED. IF SUCH A DISPUTE IS NOT FILED WITHIN ONE YEAR, IT'S PERMANENTLY BARRED.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
United States Only. All materials on the websites are provided solely for the purpose of promoting Pura Vida's operations, services and products in the United States, its territories, possessions and protectorates. Pura Vida makes no representation that the materials on the websites are appropriate or available for use in other locations. If, despite these conditions, you use the websites from outside the United States, you are solely responsible for compliance with any applicable foreign or local laws.
Questions about these Terms should be sent to us at email@example.com.
For general questions, feel free to call us at (858) 232-4945 or email us at firstname.lastname@example.org. Please note: We do not offer live phone support at this time, but if you leave us a voicemail with your name and email address, we will follow up with you within 24 hours.