These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the
retargetingsolutions.com website (“Website” or “Service”) and any of its related products and services (collectively,
“Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and PureDMS inc DBA as
RetargetingSolutions.com (“PureDMS inc DBA as RetargetingSolutions.com”, “we”, “us” or “our”). By accessing and using the
Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this
Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have
the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If
you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement
and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and
PureDMS inc., even though it is electronic and is not physically signed by you, and it governs your use of the Website and
Services.
Accounts and membership
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully
responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor
and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind
may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or
any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind
incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we
determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our
reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may
block your email address and Internet protocol address to prevent further registration.
User content
We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using
the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and
intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the
Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit,
reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to
you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own
sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way
harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content
created by you or stored in your user account for commercial, marketing or any similar purpose.
Backups
We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of
these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact
and downtime.
Advertisements
During your use of the Website and Services, you may enter into correspondence with or participate in promotions of
advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms,
conditions, warranties or representations associated with such activity, is solely between you and the applicable third party.
We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and
any such third party.
Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not,
directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource,
unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and
purchase an item, PureDMS inc DBA as RetargetingSolutions.com will receive an affiliate commission. We are not responsible
for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their
resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third
parties. You should carefully review the legal statements and other conditions of use of any resource which you access
through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a)
for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any
way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or
circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the
right to terminate your use of the Website and Services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to
any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights
to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and
including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or
equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the
future in any part of the world. This Agreement does not transfer to you any intellectual property owned by PureDMS inc DBA
as RetargetingSolutions.com or third parties, and all rights, titles, and interests in and to such property will remain (as between
the parties) solely with PureDMS inc DBA as RetargetingSolutions.com All trademarks, service marks, graphics and logos used
in connection with the Website and Services, are trademarks or registered trademarks of PureDMS inc DBA as
RetargetingSolutions.com or its licensors. Other trademarks, service marks, graphics and logos used in connection with the
Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or
license to reproduce or otherwise use any of PureDMS inc DBA as RetargetingSolutions.com or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is
solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to
the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the
Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any
warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any
information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any
material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and
that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data.
We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered
into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or
through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will PureDMS inc., its affiliates, directors, officers, employees,
agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential
damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business,
business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability,
including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party
has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent
permitted by applicable law, the aggregate liability of PureDMS inc DBA as RetargetingSolutions.com and its affiliates, officers,
employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any
amounts actually paid in cash by you to PureDMS inc DBA as RetargetingSolutions.com for the prior one month period prior to
the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully
compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold PureDMS inc DBA as RetargetingSolutions.com and its affiliates, directors, officers,
employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including
reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or
demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any
willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent
that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render
this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to
be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining
provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such
remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the
substantive and procedural laws of California, United States without regard to its rules on conflicts or choice of law and, to the
extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter
hereof shall be the courts located in California, United States, and you hereby submit to the personal jurisdiction of such
courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United
Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon
posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of
this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the
Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement,
you are not authorized to access or use the Website and Services.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating
to it, you may send an email to info@retargetingsolutions.com
Retargeting Solutions