PURE PRESENCE LLC

TERMS AND CONDITIONS OF SERVICE

Please read these Terms and Conditions of Service (these “Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Sites (as hereinafter defined), you agree to comply with and be bound by these Terms.

By using or accessing the websites provided by Pure Presence LLC (“Pure Presence,” “we,” “us” or “our”), including glennaneece.com, a subdomain of such website, any mobile application tablet and desktop applications for such website or any other website operated by us on which these Terms are posted via a link or otherwise (each referred to herein as a “Site” and collectively as “Sites”), executing an order form that references these terms, or accessing the services provided by Pure Presence therein (such services, together with the Sites, collectively referred to herein as “Pure Presence Services”), you acknowledge and agree that these Terms govern your access to and use of the Pure Presence Services.

Our Privacy Policy and other policies applicable to our collection and use of personal information in connection with your access to and use of the Pure Presence Services, including the Sites, are incorporated by reference into these Terms.

ARBITRATION NOTICE: These Terms contain a binding arbitration provision, and waiver of jury trials and class actions, governing disputes arising from your use of the Pure Presence Services. Please see Section 13 below for more information. By accessing the Sites, you accept and agree to these Terms and you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

1. Scope of Pure Presence Services.

The Pure Presence Services are comprised of products offered on the Sites (the “Products”), services and information to assist women to reconnect with their bodies, hearts, and innate sacredness.

2. Not Healthcare Advice.

2.1 Pure Presence does not practice medicine or any other licensed profession. No medical care or advice shall be provided directly to you from Pure Presence or our sites. By using the Pure Presence Services, you expressly agree and acknowledge that Pure Presence is not a medical organization and Pure Presence does not and cannot provide you with medical advice or care and nothing that you may read in or through the use of the Pure Presence Services should be construed as medical advice. Pure Presence expressly disclaims any implied guarantee or warranty regarding the accuracy, completeness, timeliness, or relevance of any information provided through the Sites.

2.2 The Sites are not intended to provide medical advice, diagnosis or treatment. The Pure Presence Services and other content provided on and through this Site, including information that may be provided on the Site directly or via linking to third-party sites, are provided for informational purposes only. Please consult with your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.

2.3 The Products and the claims made about specific Products on or through the Sites have not been evaluated by the United States Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure or prevent disease. The information provided on the Sites is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging.

2.4 You should not use the information, services or Products on the Sites for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your physician or healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your physician or healthcare professional regarding any interactions between any medication you are currently taking and nutritional supplements.

3. Purchase of Products.

3.1 If you wish to purchase Products on any of the Sites, payment may be made by credit card, debit card or any other such method as we may introduce on the Sites in our exclusive discretion. We reserve the right to accept or refuse any payment made in any form. By submitting credit or debit card information, you give Pure Presence permission to charge your purchases to the card that you designate on the order form. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) submitted on the Sites in connection with any purchase of Products, that the charges incurred by you on the Sites will be honored by your credit card company, you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Sites at the time of your order, and that the information you supply to us is true, correct and complete. We reserve the right to cancel any order, any time and for any reason. If your credit or debit card has already been charged and your order is cancelled, you shall receive a credit to your card account in the amount of the charge. Pure Presence will not be responsible (i) for any charges that your card issuer may apply to you as a result of our processing your order, (ii) if your card issuer refuses or fails to authorize payment by you, or (iii) for any delays or non-delivery of Products that may arise due to any validation checks that may be carried out regarding your payment or identification. Pure Presence may employ the use of third party services for the purpose of facilitating payment and the completion of purchases of Product on the Sites. By submitting your payment information, you grant Pure Presence the right to provide the information to these third parties, subject to the terms of our Privacy Policy. Pure Presence reserves the right to refuse or cancel your order of Products if fraud or an unauthorized or illegal transaction is suspected.

3.2 PRODUCTS PURCHASED ON THE SITES MAY NOT BE RETURNED FOR ANY REASON.

3.3 International shipment rates vary based on total package weight and final destination. Pricing on the Sites does not include duties, insurance costs, tariffs, or value-added taxes (VAT), sales taxes or similar taxes. Free shipping promotions do not apply to international orders. If you place an order for shipment to an international address, you will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar taxes, duties or fees attributable to such orders. These taxes, duties and fees, if assessed, are the sole responsibility of the package recipient, who will be billed for them by the local Customs office. We suggest you check with your local Customs office for any documents you may need before placing your order.

3.4 With respect to shipments of Products to consumers, wherever they may reside, title to Products will be shipped FOB the Pure Presence warehouse and all risk of loss shall pass to you immediately upon our delivery of the Products to the common carrier. You are solely responsible for providing Pure Presence with accurate shipping information and a valid phone number or email address. In the event that any Product is returned to Pure Presence as a result of your failure to provide it with accurate shipping information, you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the Product to Pure Presence or in re-sending the Product to you.

3.5 Refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that cannot be delivered due to an address error, or orders seized by Customs.

3.6 Pure Presence will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packaging, shipping and delivery of your Products.

3.7 Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

3.8 If an item is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, Pure Presence shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

3.9 You acknowledge and agree that all payments hereunder are made through a third-party payment processor to help facilitate payments and you will be responsible for the terms and conditions of the payment processor.

4. Your Personal Information.

Pure Presence’s Privacy Policy details how we may use, share, and maintain the information that you voluntarily share with Pure Presence. You may elect to enter information on our Sites, provide information on our blog or other public areas of the Sites that that allow users to post or upload content and other information or through information provided through interactions with us on behalf of yourself or a third party from whom you have authorization to provide such information. You also acknowledge that Pure Presence may use the information you provide in accordance with our Privacy Policy.

5. Modifications.

Pure Presence reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. It is your responsibility to check periodically for any changes we make to these Terms. Your continued use of the Sites or other Pure Presence Services after any changes to these Terms or other policies means you accept the changes.

6. Eligibility/Age Restrictions

You must be 18 years of age or older to use the Pure Presence Services. By using the Pure Presence Services, you represent that you are at least 18 years of age.

7. Prohibited Activities; No reverse engineering, etc.

You are granted a limited, revocable, non-exclusive license to access the Pure Presence Sites solely for the purpose of providing or obtaining Pure Presence Services. When accessing the Sites for the foregoing purposes, you must comply with these Terms. Any use of the Sites that is not for one of these purposes or otherwise in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.

Your license to use the Sites only extends to the uses expressly described herein. You acknowledge and agree that we are entitled at all times to verify the information you provide and to deny your use of the Sites and associated Pure Presence Services at any time in our sole and unfettered discretion.

You do not have any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Sites nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission, other than for the sole purpose of displaying hyperlinks to the Sites by internet search engines, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.

You may only access the Pure Presence Services using authorized means. It is your responsibility to check to ensure you download the correct application for your device. We are not liable if you do not have a compatible device or if you download the wrong version of the application for your device.

By accessing or using the Pure Presence Services, you further represent and warrant that:

All information you provide to us is accurate and complete;
You will only use the Pure Presence Services for your sole, personal use and you will not resell them to a third-party;
You will not copy, distribute or reverse engineer the Pure Presence Services or other Pure Presence Services content;
You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
You will not use the Pure Presence Services for any purpose in violation of local, state, federal or international laws;
You will not use the Pure Presence Services as a means to distribute advertising or other unsolicited material to any third-party;
You will not impersonate another person;
You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
You will comply with all applicable third-party terms of agreement when using the Pure Presence Services (e.g., your wireless data service agreement);
You will ensure that no unauthorized person shall have access to your mobile device or your Pure Presence passwords or accounts;
You will promptly notify us in the event your Pure Presence passwords or accounts have been compromised;
You will not assign or otherwise transfer your account to any other person or entity;
You will not try to harm the Pure Presence Services or impair the proper operation of the network in any way whatsoever;
You will provide us with whatever proof of identity we may request; and
You will abide by all applicable laws, rules and regulations applicable for your use of the Sites, and any transaction that you enter into on the Sites, or in connection with your use of the Sites.

We reserve the right to immediately terminate your license to use the Sites and associated Pure Presence Services should you fail to comply with any of the foregoing representations and warranties.

8. Content and Right to Use.

You acknowledge that you are responsible for any material you submit on or via any Sites, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through any Sites any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” You may not use a false email address or other false identifying information, impersonate any person or entity or otherwise mislead as to the origin of any information that you provide when using any Sites. You may not upload commercial content onto or via any Sites. If you do submit material, and unless we indicate otherwise, you grant Pure Presence and its affiliates an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Pure Presence is free to use any ideas, feedback, concepts, know-how that you or individuals acting on your behalf provide to Pure Presence.

You grant Pure Presence and its subsidiaries the right to use the name you submit in connection with such material, if we so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify and hold harmless Pure Presence for all claims resulting from content you supply. With respect to any material you submit, we have the right to:

Remove or refuse to post any such material for any or no reason in our sole and unfettered discretion;
Take any action with respect to any such material that we deem necessary or appropriate in our sole discretion; including if we believe that such material violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or Pure Presence Services or the public or could create liability for Pure Presence;
Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites or Pure Presence Services; and
Terminate or suspend your access to all or part of the Sites or Pure Presence Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites.

9. Third-Party Websites, Products and Pure Presence Services.

The Sites may link to or promote other websites, products, and/or services from other companies, some of which are operated by Pure Presence or its affiliates and others of which are operated by third-parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Pure Presence is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites, products and/or Pure Presence Services.

10. Disclaimers of Warranties.

YOUR USE OF THE PURE PRESENCE SERVICES, INCLUDING THE SITES, IS AT YOUR SOLE RISK. THE SITES AND PURE PRESENCE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PURE PRESENCE SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. PURE PRESENCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE APPLICATION OR ASSOCIATED WITH THE PURE PRESENCE SERVICES ARE NON INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE PURE PRESENCE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVERS THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES OR ASSOCIATED WITH THE PURE PRESENCE SERVICES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PURE PRESENCE OR THROUGH OR FROM THE SITES OR PURE PRESENCE SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND. PURE PRESENCE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SITES OR PURE PRESENCE SERVICES OR THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, IN WHICH CASE THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

11. Limitations on Liability.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PURE PRESENCE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PURE PRESENCE SERVICES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PURE PRESENCE NOR ITS AFFILIATES, SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE PURE PRESENCE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES OR PURE PRESENCE SERVICES, OR FOR ANY INFORMATION, PRODUCTS OR PURE PRESENCE SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, PURE PRESENCE’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES OR PURE PRESENCE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PURE PRESENCE, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER PURE PRESENCE NOR AFFILIATES, SUBSIDIARIES OR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES OR PURE PRESENCE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH PURE PRESENCE IS TO DISCONTINUE YOUR USE OF THE SITES AND PURE PRESENCE SERVICES. YOU AND PURE PRESENCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PURE PRESENCE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Interaction with Other Users.

You agree that, with respect to other users’ personal information that you may obtain from or through the Sites or through any Site-related communication, transaction or software, your license to use such information is limited to: (i) Site-related communications that are not unsolicited commercial messages or (ii) using services offered through the Sites. You may not use any such personal information for any unlawful purpose or with any unlawful intent.

13. Indemnification.

You agree to indemnify, defend and hold harmless Pure Presence and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Pure Presence Services, including the Sites, your breach of these Terms or the documents referenced herein, or your violation of any law or rights of a third-party. If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Pure Presence reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Pure Presence in the defense of such matter.

14. Notice of Copyright Infringement.

You are hereby informed that Pure Presence has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of subscribers and account holders of Pure Presence’ system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:

Email: info@glennaneece.com

Address: 495A Henry Street #149, Brooklyn, NY 11231

To be effective, your notification must (1) be in writing, (2) be provided to our copyright agent, and (3) include substantially the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us or our agents to locate the material; (d) Information reasonably sufficient to permit us or our agents to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) 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 (f) 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.

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

13. Mandatory Arbitration, Waiver of Class Actions.

13.1 In General. By using or accessing the Sites you agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 13 is intended to be interpreted broadly and governs any and all disputes between us including, but not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior; and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property as provided below.

13.2 Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us in connection with your access and use of the Pure Presence Services, you agree that before taking any formal action, you will contact us at info@glennaneece.com, and provide a brief, written description of the dispute and your contact information. Except for intellectual property, you and Pure Presence agree to use reasonable efforts to settle any dispute, claim, question or disagreement directly through consultation with Pure Presence, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

13.3 Binding Arbitration. If the parties to a dispute do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims (except as otherwise provided herein) subject to these Terms. Specifically, all claims arising out of or relating to these Terms, the parties’ relationship with each other and/or your use of the Pure Presence Services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing, or permitting class actions.

13.4 Arbitrator’s Powers. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

13.5 No Jury Trial. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

13.6 Venue. Arbitration shall be initiated and take place in New York County, New York, United States, and you and Pure Presence agree to submit to the personal jurisdiction of any federal or state court in New York, New York, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

13.7 Class Action Waiver. You agree that the arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AGREE THAT EACH PARTY TO THESE TERMS MAY BRING CLAIMS 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

13.8 Exception: Litigation of Intellectual Property. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights. The term “intellectual property rights” means patents, copyrights, moral rights, trademarks and trade secrets, but not privacy or publicity rights.

13.9 Survival. This Mandatory Arbitration, Waiver of Class Actions Section shall survive any termination of your use of the Pure Presence Services.

14. General.

14.1 Governing Law; Jurisdiction. The laws of the State of New York shall govern the validity and construction of these Terms and any dispute arising out of or relating to these Terms, without regard to the principles of conflict of laws. For any matters specifically excluded from the Mandatory Arbitration Provision above (Section 13), the parties agree to submit to the jurisdiction of any court of record of the State of New York in the County of New York or a United States District Court in the Southern District of the State of New York in any legal proceeding instituted by either party arising out of or relating to these Terms. We recognize that it is possible for you to obtain access to the Sites and Pure Presence Services from any jurisdiction in the world, but we have no practical ability to prevent such access. The Sites and Pure Presence Services have been designed to comply with the laws of the State of New York and of the United States. If any material on the Sites or associated with the Pure Presence Services, or your use of the Sites, is contrary to the laws of the place where you are when you access it, the Sites or Pure Presence Services is not intended for you, and we ask you not to use the Pure Presence Services, including the Sites.

14.2 Compliance with Applicable Law. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. By accessing the Sites, you acknowledge and agree that even though Pure Presence is not a party to any rental transaction and assumes no liability for legal or regulatory compliance pertaining to the properties listed on the Sites, Pure Presence may be legally obligated to provide information relating to any properties listed on the Sites in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.

14.3 Assignment. You may not assign or transfer, by operation of law or otherwise, any of your rights or obligations under these Terms to any third-party without Pure Presence’ prior written consent. Any attempted assignment or transfer in violation of the foregoing will be void.

14.4 Survival. The provisions of Sections 2, 3, 4, 7, 8, 9, 10, 11, 13 and 14, in addition to any other provisions of these Terms and any supplemental legal document executed between the parties shall survive termination of these Terms.

14.5 Notices. Notices under these Terms shall be sent as follows: If to Pure Presence, such notice or report shall be sent to info@glennaneece.com. If to you, such notice or report shall be sent to the address provided when accessing the Pure Presence Services and shall suffice as proper notice under this section. Notice via electronic mail shall be deemed received on the day sent by Pure Presence. Non-electronic mail notice shall also be deemed given: (i) upon receipt if by personal delivery; (ii) upon receipt if sent by certified or registered mail (return receipt requested); or (iii) one day after it is sent if by next day delivery by a major commercial delivery service.

14.6 Force Majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if the delay or failure is due to unforeseen events, which occur after the signing of these Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemics, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.

14.7 Severability. Whenever possible each provision of these Terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any term or provision of these Terms, or the application of any such term or provision to any person or circumstances shall, to any extent, be prohibited by or invalid or unenforceable under applicable law, such term or provision shall be ineffective to the extent of such prohibition, invalidity or unenforceability, without invalidating the remainder of such term or provision, the application of such term or provision to persons or circumstances other than those as to which it is held prohibited, invalid or unenforceable or the remaining terms and provisions of these Terms.

14.8 Waiver. No waiver will be implied from conduct or failure to enforce or exercise rights under these Terms, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived.

14.9 Headings. The headings preceding the text of the paragraphs of these Terms are intended and inserted solely for the convenience of reference and shall not affect the meaning, interpretation, construction or effect of these Terms.

14.10 Entire Agreement. These Terms constitute the entire agreement and understanding between you and Pure Presence with respect to the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the Sites or Pure Presence Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.