Welcome to Pure CrashPads
Thanks for choosing Pure CrashPads (“CrashPad Inc.”, “we”, “us”, “our”). By signing up or otherwise visiting, using, or engaging with our website, mobile application or other online or mobile product and the services of Crash Pad Incorporated (“Service”) or accessing any content or material that is made available by Crash Pad Incorporated through the Service, you (“you”, “user”, “customer” or “Host”) are entering into a binding contract with Pure CrashPads.
In order to use our Service and access the Content, you need to (1) be 18 or older; (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; (3) resident in a country where the Site is available; (4) maintain and update your account information upon any changes; (5) maintain the security of your account by protecting your password and restricting access to your account; and, (6) notify Pure CrashPads of any security breaches related to the Services
Pure CrashPads Hosts are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their listings. For example, some cities have laws that restrict their ability to host paying guests for short periods. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s), you should seek legal guidance.
2. Changes to the Agreements
We reserve the right to make changes or modifications to these Terms, or any policy or guideline of our Services, at any time and in our sole discretion. If we make changes to these Terms and the Agreements, we will provide notice of such changes, including by revising the date at the top of these Terms. Your continued use of our Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications.
The access to or use of certain areas and features of the Pure CrashPads Site may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Pure CrashPads’ Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
3. Site Limitations and Modifications
Pure CrashPads will make reasonable efforts to keep the Pure CrashPads Site operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Pure CrashPads reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Pure CrashPads Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Pure CrashPads Service or any function or feature thereof. You understand, agree, and accept that Pure CrashPads has no obligation to maintain, support, upgrade, or update the Site, or to provide all or any specific content through the Site. This section will be enforced to the extent permissible by applicable law. Pure CrashPads and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
4. Using the Site
Here’s some information about all the ways you can use the Site.
4.1 Scope of Services
Pure CrashPads provides a platform where users can search, schedule and pay for short-term accommodation and property owners or hosts can post and schedule available accommodation specifically targeted to those in the aviation industry (the “Platform”).
4.2 Pure CrashPads Platform
Pure CrashPads provides an electronic platform whereby [users] can make or accept a booking. Pure CrashPads does not own, create, sell, resell, provide, control, manage, offer, deliver or supply any short-term accommodation listings. When users make a booking, they are directly contracting with each other. Pure CrashPads has no contractual relationship with either party and is not an agent for either party. Pure CrashPads may aid in dispute resolution from time to time, but otherwise has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between users of the platform.
4.3 Pure CrashPads Limitations
We expressly do not guarantee the:
• existence, quality, safety, suitability or legality of the accommodation;
• the truth or accuracy of the accommodation or the Content or the listing description, rating, review;
• the performance or conduct of any party;
• the identity or verification of the identity of any member
4.4 Portal, Account Creation, and Passwords
As a condition to using the Service, users may be required to register with Pure CrashPads and select a password. User shall provide Pure CrashPads with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Pure CrashPads immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Pure CrashPads or any other user of or visitor to the Site due to someone else using your username, password or account.
The Services constitute access to a technology platform (and any related content) that is offered by Pure Crashpads in a number of forms, including mobile and/or web based applications (“Applications”). Among other things, the Applications will: (i) facilitate your connection to independent third party providers, including independent third party drivers, independent third party delivery partners and restaurants (“Third Party Providers”) for the purchase of services or goods from such Third Party Providers, including, but not limited to, transportation, housing, lodging, and/or logistics Items”); and (ii) enable you to receive any related content or services, including payment processing and user support. For certain request options associated with the logistics services, as a part of the services offered by the Third Party Provider to you, such parties may order, purchase and/or pay for Items on your behalf from third parties (where applicable). Unless otherwise agreed by Pure Crashpads in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
You acknowledge that:
(i) Pure Crashpads does not provid housing, lodging, rental accommodations or logistics services or function as a hospitality/lodging provider and that all such lodging, hotel/rental accommodations, or logistics services are provided by Third Party Providers who are not employed by Pure Crashpads or any of its affiliates;
(ii) to the fullest extent permitted by law, Pure Crashpads shall not be liable for the actions or omissions of any Third Party Provider in regards to the provision and delivery of the Items and does not assume any liability for the condition, standard and quality of the Items provided by the Third Party Providers or guarantees the accuracy or completeness of the information (including the information, photos or images of the Items displayed on the platform). Photos and images may be displayed on the platform for illustration purposes and are for your reference only and shall not form or be construed as being part of any offer, contract, representation or warranty, expressly or impliedly;
(iii) Third Party Providers are solely responsible for obtaining all applicable approvals, authorizations, consents and permissions from the relevant parties, regulatory bodies and government authorities for the purposes of providing the relevant services and Items (where applicable); and
(iv) Any safety or other related effort, feature, process, policy, standard or other effort undertaken by Pure Crashpads or its affiliates, in the interests of public safety or maintenance of the quality of the Services (whether required by the applicable regulations or not), is not an indicia of an employment relationship with a Third Party Provider.
Subject to your compliance with these Terms, Uber grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable free-of-charge license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Pure Crashpads and Pure Crashpad’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Pure Crashpads; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services
You acknowledge that portions of the Services may be made available under Crash Pad Inc. various brands or request options associated with lodging or logistics, You also acknowledge that the Services may be made available under such other brands or request options by or in connection with: (i) certain of Crash Pad Inc’s subsidiaries and affiliates; and/or (ii) Third Party Providers, including rentals, hotels, “Airbnb” or any other holders of similar lodging permits, authorizations or licenses.
Third Party Services and Content
The Services and all rights therein are and shall remain Pure Crashpads’s property or the property of Crash Pad Inc.’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Pure Crashpads’s company names, logos, product and service names, trademarks or services marks or those of Crash Pad Inc.’s licensors.
6. Rights We Grant to You
The Pure CrashPads website and the Content are the property of Pure CrashPads, and its affiliated/associated companies. We grant you a limited, non-exclusive, revocable license to make use of the Site, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or Pure CrashPads. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Site or the Content.
All Pure CrashPads’ trademarks, service marks, trade names, logos, domain names, and any other features of the Pure CrashPads brand (“Pure CrashPads Brand”) are the sole property of Pure CrashPads or its licensors. The Agreements do not grant you any rights to use any Pure CrashPads Brand whether for commercial or non-commercial use.
You agree to abide by our user guidelines and not to use the Site, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Pure CrashPads grants no right, title, or interest to you in the Site or Content.
7. User Guidelines
We’ve established a few ground rules for you to follow when using the Site, to make sure Pure CrashPads is able to continue providing service via the Site.
The following is not permitted for any reason whatsoever:
● violate or infringe anyone else’s rights or otherwise cause harm to anyone;
● copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, or making available to the public any part of the Pure CrashPads Site or the Content, or otherwise making any use of the Pure CrashPads Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Pure CrashPads Service or the Content or any part of it; using the Pure CrashPads Service to import or copy any local files you do not have the legal right to import or copy in this way;
● transferring copies of cached Content from an authorized Device to any other Device via any means;
● use the Pure CrashPads Platform in connection with the distribution of unsolicited commercial messages;
● reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Pure CrashPads Service, Content or any part thereof unless permitted by applicable law;
● circumventing any technology used by Pure CrashPads, its licensors, or any third party to protect the Content or the Service;
● selling, renting, sublicensing or leasing of any part of the Pure CrashPads Service or the Content;
● circumventing any territorial restrictions applied by Pure CrashPads or it licensors; or otherwise manipulating the Services by using a script or other automated process;
● removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Pure CrashPads Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
● providing your password to any other person or using any other person’s username and password;
● “crawling” the Pure CrashPads Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Pure CrashPads; or
● selling a user account, or otherwise accepting any compensation, financial or otherwise.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Pure CrashPads account. You also agree that Pure CrashPads may also reclaim your username for any reason.
8. Host Content
You are solely responsible for all content that you make available on or through the Pure CrashPads Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all content that you make available on or through the Pure CrashPads Platform or you have all rights, licenses, consents and releases that are necessary to grant to Pure CrashPads the rights in and to such content, as contemplated under these Terms; and (ii) neither the content nor your posting, uploading, publication, submission or transmittal of the content or Pure CrashPads’ use of the content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Pure CrashPads’ Terms or any other Pure CrashPads policy. Pure CrashPads may, without prior notice, remove or disable access to any content that Pure CrashPads finds to be in violation of these Terms or the Agreements, or otherwise may be harmful or objectionable to Pure CrashPads, its users, third parties, or property.
9. Intellectual Property
Pure CrashPads respects copyright law and expects its Site users to do the same. If you believe that any Content on the Pure CrashPads Platform infringes copyrights you own or any other intellectual property rights, please notify us at email@example.com.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Pure CrashPads or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Pure CrashPads and protected by U.S. and international copyright laws. All software used on (or provided through) the Site is the property of Pure CrashPads or its software suppliers and protected by United States and international copyright laws. All rights reserved.
You may not, except with our express written permission, distribute or commercially exploit the Content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
10. Host Terms
If you choose to use the Pure CrashPads Platform as a Host, your relationship with Pure CrashPads is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Pure CrashPads for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Pure CrashPads. Pure CrashPads does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees or security deposits) for your Listing (“Listing Fee”). Once a user requests a booking of your Listing, you may not request that the user pays a higher price than in the original booking request.
Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
When you accept or have pre-approved a booking request by a user, you are entering into a legally binding agreement with the user and are required to provide your Host services as described in your Listing when the booking request is made. You also agree to pay the applicable Listing Fee to Pure CrashPads.
As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
11. User Terms
Subject to meeting any requirements (such as completing any verification processes) set by Pure CrashPads and/or the Host, you can book a Listing available on the Pure CrashPads Platform by following the respective booking process. All applicable fees, including the Listing Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested.
Upon receipt of a booking confirmation from Pure CrashPads, legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. It will be your responsibility to remit the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to any applicable payment terms.
You understand that a confirmed booking of space is a limited license granted to you by the Host to enter, occupy and use the space for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the space, in accordance with your agreement with the Host.
As a user, you are responsible for leaving the space (including any personal or other property located at the space) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the space.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. We will terminate a visitor's access to and use of Pure CrashPads’ website if, under appropriate circumstances, the user is determined to be a repeat infringer of our or another party's copyrights or other intellectual property rights.
If you believe that your intellectual property is being used on the Pure CrashPads’ website in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
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
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to our Designated Agent, whose contact information is as follows:
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user who posted the material that we have removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:
Identification of the copyrighted work that was removed, and the location on Pure CrashPads’ Website where it would have been found prior to its removal;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party, informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
We will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of our or other party's copyrights or other intellectual property rights.
13. Cancellations; Modifications
Hosts and Users are responsible for any modifications to a booking that they make via the Pure CrashPads Platform, and agree to pay any additional Listing Fees or taxes associated with such booking modifications.
Users can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and Host will refund the amount of the Total Fees due to the user in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted by the Host.
If a Host cancels a confirmed booking, the user will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation.
14. Support; Disputes
For customer support on account- and payment-related questions (“Customer Support Queries”), please contact our Customer Service department at firstname.lastname@example.org. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
If a Host claims and provides evidence that a user has damaged the space or any personal or other property at a space, the Host can seek payment from you. Pure CrashPads reserves the right to otherwise collect payment from you and pursue any remedies available to Pure CrashPads in this regard in situations in which a user is responsible for damage to property, including, but not limited to, in relation to any payment requests made by Hosts.
15. Term and Termination
The Agreements will continue to apply to you until terminated by either you or Pure CrashPads. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason.
Pure CrashPads may terminate the Agreements or suspend your access to the Pure CrashPads Site or Platform at any time, including in the event of your actual or suspected unauthorized use of the Pure CrashPads Service and/or Content, or non-compliance with the Agreements.
If you or Pure CrashPads terminate the Agreements, or if Pure CrashPads suspends your access to the Pure CrashPads Service, you agree that Pure CrashPads shall have no liability or responsibility to you, and Pure CrashPads will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. If you cancel your account as a Host, any confirmed booking(s) will be automatically cancelled and the user will receive a full refund. If you cancel your account as a user, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
16. Warranty and Disclaimer.
WE ENDEAVOR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE PURE CRASHPADS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE CRASHPAD SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PURE CRASHPADS AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER PURE CRASHPADS NOR ANY OWNER OF CONTENT WARRANTS THAT THE PURE CRASHPADS SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, PURE CRASHPADS MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE PURE CRASHPADS SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT PURE CRASHPADS IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE PURE CRASHPADS SITE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM PURE CRASHPADS SHALL CREATE ANY WARRANTY ON BEHALF OF CRASHPAD IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
If you choose to use the Pure CrashPads Service, you do so voluntarily and at your sole risk.
17. Limitations; Indemnification
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE CRASHPAD SERVICE IS TO STOP USING THE PURE CRASHPAD SITE.
YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD CRASHPAD AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR BREACH OF THESE TERMS OR OUR POLICIES OR STANDARDS, (II) YOUR IMPROPER USE OF THE PURE CRASHPAD PLATFORM OR CRASHPAD SERVICES, (III) YOUR INTERACTION WITH ANY USER, STAY AT A PROPERTY, INCLUDING WITHOUT LIMITATION ANY INJURIES, LOSSES OR DAMAGES (WHETHER COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE) OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF SUCH STAY OR USE, OR (IV) YOUR BREACH OF ANY LAWS, REGULATIONS OR THIRD PARTY RIGHTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PURE CRASHPAD , ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE PURE CRASHPAD SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PURE CRASHPAD HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PURE CRASHPAD SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO CRASHPAD DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
18. Relationship of the Parties
No joint venture, partnership, employment, or agency relationship exists between you and Pure CrashPads as a result of your use of the Pure CrashPads Services.
19. Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Pure CrashPads, the Agreements constitute all the terms and conditions agreed upon between you and Pure CrashPads and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
20. Severability and Waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Pure CrashPads or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Pure CrashPads’ or the applicable third party beneficiary’s right to do so.
Pure CrashPads may assign the Agreements or any part of them, and Pure CrashPads may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
22. Applicable Law
These Terms will be interpreted in accordance with the laws of the State of Colorado and the United States of America, without regard to conflict-of-law provisions. You and we both consent to venue and personal jurisdiction in Denver, Colorado.
23. Dispute Resolution
All claims, disputes, controversies and other matters in question between the parties to these Terms arising out of or relating to these Terms or the breach thereof that cannot be resolved by the parties shall be settled by binding arbitration in accordance with this Agreement and the following procedures or such other procedures as may be agreed upon by the Parties:
(a) Either Party may serve upon the other Party, a written demand specifying in reasonable detail the nature of the matter and that the claim, dispute, or controversy or other matter in question shall be submitted to arbitration. The demand shall be made within a reasonable time after the claim, dispute, controversy or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings, based upon such claim, dispute, controversy or other matter in question, would be barred by the applicable statute of limitations or by laches.
(b) After service of a demand for arbitration, the parties shall attempt to agree upon a single arbitrator within ten (10) calendar days or such longer period as the parties may agree.
(c) In the event the parties cannot agree upon a single arbitrator within the period established under paragraph (b) above, then each party shall appoint one arbitrator within an additional ten (10) calendar days and notify the other party of such appointment. If either party fails to timely appoint an arbitrator, then the arbitrator appointed by the other party shall be the sole arbitrator. If, however, both parties appoint an arbitrator, then a third arbitrator shall be selected within ten (10) calendar days thereafter by the first two arbitrators unless otherwise agreed by the parties. If the arbitrators and the parties fail to appoint a third arbitrator, either party may request the American Arbitration Association or any federal or local court in Denver, Colorado to appoint the third arbitrator.
(d) Except as otherwise provided herein, any arbitration proceeding shall be conducted in accordance with the rules and procedures of the American Arbitration Association or such other rules and procedures as are agreed to by the arbitrators or the Parties. Nothing contained herein shall be construed as requiring submission of any claim, dispute, controversy or other matter in question to the American Arbitration Association.
(e) The arbitration proceeding shall be held in Denver, Colorado, unless otherwise agreed by the arbitrators or the parties.
(f) The decision rendered through arbitration shall be final and binding upon the parties hereto, and judgment may be entered in accordance with applicable law in any court having jurisdiction thereof. In rendering a decision, the arbitrators shall be governed by these Terms.
(g) Although the parties agree that compulsory and binding arbitration shall be the exclusive means of dispute resolution, judicial review of any arbitration decision or proceeding (other than entry or enforcement of an arbitration award/judgment) or of any matter arising under the terms of these Terms, whether or not submitted to the binding arbitration process required by these Terms shall be brought solely in the federal or state courts in Denver, Colorado.
(h) The foregoing procedures shall not preclude either party from pursuing all available legal remedies for infringement of a registered patent, trademark, service mark, or copyright.
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26. Contact Us
If you have any questions concerning the Pure CrashPads’ Services or the Agreements, please contact Pure CrashPads’ Customer Service at email@example.com.