(Updated as of June 1, 2017)
PurpleAir (“PurpleAir”) provides the following Services, which permit you to utilize certain Internet services and making this content available on your compatible devices and computers, only as defined by the terms of this Agreement. Specifically, the Services directly refer to the PurpleAir website(s) including but not limited to www.purpleair.org and any related family of websites including: www.purpleair.com, map.purpleair.org, and map.purpleair.com. This site in its entirety is owned by Adrionics, LLC doing business as “PurpleAir.” Reference to the terms “PurpleAir”, “us”, the “Company” and “we” collectively refer to all the corporate embodiments and affiliations owned by PurpleAir.
The Service is a platform where users may elect to obtain air quality information and monitoring via sensors sold by PurpleAir (referred to as “PAS” and described below). PAS purchasers and visitors to this Site are collectively referred to as "users" in these Terms.
1. SERVICE USE REQUIREMENTS.
A. Age Restrictions. The Services provided by PurpleAir are only available to individuals 18 years or older. By using the Service and/or Product(s), you agree that you are of legal age to form a binding contract with PurpleAir, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Service and/or Product(s). The Service and/or Product(s) are not available to individuals under the age of 18 (“Minor”) unless a parent and/or legal guardian has consented on behalf of said Minor. A consenting parent and/or legal guardian also warrants and represents that they assume all risk(s) and liabilities on behalf of the Minor’s engagement with the Product(s) and related Services.
B. Use Limitations. You agree to use the Services for purposes only permitted by this Agreement, and to the extent permitted only by applicable law or regulations.
C. User Accounts and Devices. PurpleAir reserves the right to limit the number of accounts created from a particular device and the numbers of devices associated with a user account.
D. Service Availability. PurpleAir’s services and its related features may not be available in all languages and/or all countries. Given this possibility, PurpleAir makes no representation that its services and related features are appropriate or available for use in any specific location. In your election to use and access the services, you do so upon your own initiative and compliance with local laws.
E. Changes to Services. PurpleAir reserves the right to change, modify, or adjust the terms of this Agreement in its sole discretion and at any time. PurpleAir will make best efforts to communicate such changes, modifications, and/or adjustments to the Agreement terms to you. Continued use of the services after changes, modifications, and/or adjustments to this Agreement constitutes your consent to the revised terms. If you do not agree to PurpleAir’s changes, modifications, and/or adjustments to the terms of this Agreement then you can promptly terminate the services.
2. SERVICE FEATURES
A. Location Based Information. In order to offer best-in-class services, PurpleAir and its partners and/or licensors may provide features or services that rely upon location based data as derived from the PurpleAir Sensors (“PAS”). These provided features or services require PurpleAir and its partners and/or licensors to collect, use, transmit, maintain and process your location data.
You may elect to withdraw consent from PurpleAir and its partners and/or licensors from the collection, use, transmission, maintenance and processing of your location data by removing any PAS or updating your PAS settings.
3. PURPLEAIR USE OF SERVICES
A. Account Registration. You may browse the Site without registering, but in order to enjoy the PurpleAir services, you must become a registered user by establishing a valid Account. You agree and acknowledge that you will take precautionary measures to secure your Account and its confidentiality. In the event your confidentiality measures are breached or compromised, you agree to notify PurpleAir immediately. Although PurpleAir will exercise reasonable care with respect to our security protocols, PurpleAir is not personally responsible for losses that may arise from the unauthorized use of your Account.
You agree to use the log in authentication process as defined by PurpleAir. You agree to refrain from using a username that is the name of another person other than you or selecting a username that is not lawfully available to use, or violates any trademark or copyright. Usernames that are vulgar, obscene, or offensive will violate the terms of this Agreement and result in Account termination.
1. PurpleAir Map Feature. When using the Service and specifically the PAS, you acknowledge and agree that any sensor generated data (in its entirety) is owned exclusively by PurpleAir and that PurpleAir grants you a non-exclusive, royalty-free license to use Service features including the PurpleAir Map. In order to use the PurpleAir Map, we may require integration with third party providers and you consent to this integration as a condition to use the Service.
2. Receiving Invitations. Existing PurpleAir Users may invite you to join the service via email, SMS/text message or other ways. PurpleAir may help members extend these invitations (which may include reminders) by requesting access to the User’s email or other contacts or asking the inviting member to provide the invited person’s email. If you aren’t a member, you can opt-out of future email invitations or reminders or ask us to amend or delete any personal information about you, by contacting us using this email Contact@PurpleAir.com
3. Third Party Registration (e.g. Google). If you register for PurpleAir using your Google account or another third-party service, we automatically request your email address and publicly available information, including your account ID, name and gender as well as public information for authentication purposes. For example, if you revisit PurpleAir while logged into one of these third-party services, we’ll automatically log you into your PurpleAir account. In turn, if you don’t register for PurpleAir via Google but later attempt to log into PurpleAir using your Google credentials, we’ll connect your Google and PurpleAir accounts and request the necessary information as if you were newly registering. Information gathered by any third-party service in connection with your use of their products, features, and services are governed by each service’s specific data policy.
4. Communications and Notifications. By registering an account with us, you acknowledge and agree to receive communications from us including but not limited to emails, direct messages, and/or push notifications. In the event you wish to not receive these communications and/or notifications you may contact us at Support@PurpleAir.com
B. Products: PurpleAir Sensor (PAS). In order to use the Services in their entirety, it may be necessary for you to purchase the appropriate PAS. We solely determine what PAS Product(s) will be sold through our Site as well as all pricing discounts, offers, incentives, coupons and coupon codes that we may offer from time to time. For every order you place, you are (i) offering to purchase a product, (ii) representing that you are of legal age to enter and execute a legally binding contract in the United States, and (iii) representing that all information you provide to us in connection with such order is true and accurate including the method of payment(s) and payment instrument. The receipt by you of an order confirmation does not constitute a formal acceptance by PurpleAir. We retain the right to refuse any request to purchase made by you for any reason whatsoever.
Prior to PurpleAir accepting any order, we have the right to verify any information you send to us. PurpleAir reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us. In its sole discretion, PurpleAir reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, PurpleAir shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, PurpleAir shall credit your account in the amount of the incorrect price.
We make every effort possible to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars.
THE RISK OF LOSS AND TITLE FOR PRODUCT(S) PURCHASED BY YOU PASS TO YOU UPON OUR DELIVERY OF THE PRODUCT(S) TO THE CARRIER.
In the event you desire to return a product(s), you have fifteen (15) days from receipt of delivery to return the product(s) to us.
C. No Survivorship Rights. Unless required by law, you agree and acknowledge that your PurpleAir Account is non-transferable and any rights to your PurpleAir Account or Content therein terminate upon your death. In the event of your death, a valid copy of a death certificate may permit the proper party to terminate your Account and related Content on your behalf. Contact PurpleAir Support at Support@PurpleAir.org for additional assistance.
D. No Resale of PurpleAir Services or Sensors. You agree and acknowledge that the PurpleAir Services are proprietary and subject to intellectual property protection. Given this understanding, you agree to refrain from copying, reproducing, selling, reselling, duplicating, trading, or renting the Services (or any part or component thereof) for any purpose whatsoever.
4. USER CONTENT AND CONDUCT.
As a point of clarification, any data or information generated and/or transmitted from the PAS are solely the content of PurpleAir and you do not own and/or have any proprietary interest in said content.
B. User Conduct. By agreeing to the terms of this Agreement, you expressly refrain from NOT using our Services in the manner described below to:
1) engage in any act that would result in copyright infringement or other intellectual property infringement (including but not limited to trade secret, trade dress, or other confidentiality agreements);
2) misrepresent your identity (including misappropriation of another’s image(s), celebrity, charitable or employment group, etc.). PurpleAir reserves the right to immediately block any attempt to register a user Account that is a misrepresentation of identity;
3) generate or make available Content that is unlawful, harmful, defamatory, tortious, abusive, invasive of one’s privacy, obscene (including but not limited to sexual, pornographic, or non-sexual nudity), vulgar, and/or objectionable as determined by PurpleAir (including using the means described to stalk, harass, or intimidate another);
4) request as an adult user the personal information from a minor (anyone under the age of 18 or as properly defined by local law) who is not known to you. Examples of personal information include but are not limited to minor’s home address, full name, postal code or similar identifier, phone number, photographs, school, social affiliations, etc.;
5) upload onto the Services and transmit via any means material(s) that contain harmful viruses or programs intended to interfere or disrupt the normal function of the Services or any computer hardware or software;
6) create or submit any unwanted email, comments, likes or other forms of commercial or harassing communications such as “spam” to any PurpleAir users;
7) use domain names or web URLs in your username without prior written consent from PurpleAir;
8) create accounts with the Services through unauthorized means, including but not limited to using automated script, bot, device, spider, scraper or crawler;
9) engage or plan any illegal activity and/or store and collect personal information of users of the services for any prohibited activities as described in this Agreement;
10) self promote any business enterprise or affiliation without PurpleAir’s express written consent.
C. Content Removal. PurpleAir does not claim any responsibility for the Content that others may provide nor is PurpleAir bound to pre-screen all Content submitted via the Services. However, PurpleAir reserves the right in its sole discretion to monitor, screen, move, delete, modify and/or remove Content it determines to be in violation of this Agreement.
D. Content Backup. Although PurpleAir makes reasonable efforts to provide proper care and skill in delivering its services, PurpleAir does not guarantee, warrant, or covenant that any Content you access and/or store via the services will not be accidentally lost, corrupted, or damaged. Given this reality, you agree and acknowledge that it is your sole responsibility to back up any important Content on your device(s) and/or computer(s).
E. Access to User Account and Content. PurpleAir intends to enforce this Agreement to the full extent provided by law. As part of that process, PurpleAir reserves the right to verify and enforce compliance with this Agreement by you. You expressly agree and consent to these efforts by acknowledging that PurpleAir has the right without limitation to use, access, store and/or disclose your Account information and related Content to proper law enforcement authorities, government entities and/or officials, and/or proper third parties that PurpleAir believes is necessary in order to: 1) comply with a valid legal process or request; 2) prevent, detect, or identify fraud or technical issues; 3) enforce the terms of this Agreement including any necessary investigation thereof; and 4) protect the rights of PurpleAir, its users, a third party(ies), or the public as permitted by law.
F. Digital Millennial Copyright Act. PurpleAir makes every reasonable effort to ensure that its users and their content conform to proper Copyright standards. If you believe that any Content that you claim Copyright to has been infringed upon by anyone using our Services, please contact our Copyright Agent at Privacy@PurpleAir.com
G. Agreement Violations. In order to provide a harmonious environment for our users, PurpleAir makes best efforts to remove inappropriate or objectionable Content that violates this Agreement. If you encounter inappropriate or objectionable Content while using our services, please report it to us at Abuse@PurpleAir.com
1. License from User to PurpleAir. PurpleAir does not claim ownership of the Content and/or materials you upload, submit, or disseminate via our services. However, PurpleAir does claim ownership of material that we may specifically license to you under the terms of this Agreement for example any data (in its entirety) derived from the PAS. In instances whereby you upload, submit, or disseminate your Content via our services and make the Content publicly accessible or accessible to users with whom you consent to share your Content, you expressly grant PurpleAir a royalty-free, non-exclusive, worldwide license to distribute, use, reproduce, adapt, modify, translate, publish, publicly display and perform such Content. This license grant from you to PurpleAir is solely for the purpose by which the Content was submitted or made available without any compensation to you whatsoever.
You acknowledge and agree that any Content in its entirety uploaded, submitted, or posted by you shall be your responsibility. Specifically, this means that you represent that you are the legal owner of this Content and have all relevant and necessary rights, licenses, and authorization to distribute it. Furthermore, you warrant and represent that said Content does not infringe upon the rights of other parties nor is the Content in violation of local law or authority.
2. Content Changes. The PurpleAir services require the ability to transmit your Content across various forms of networks and media. In order to accomplish this capability, PurpleAir may need to change or modify your Content to ensure compliance with technical specifications and requirements of various networks, computers, or devices. You agree and consent to PurpleAir making these necessary Content changes.
3. Advertisement(s) and Your Submitted Content. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that PurpleAir may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you
4. Trademark(s). PurpleAir and its related trademark(s), designs, logos, service marks, etc. are trademarks or registered trademarks of PurpleAir in the US and abroad where applicable. PurpleAir does not grant you any right or license in its trademarks and you agree to not obscure, remove, or alter the PurpleAir marks contained in any portion of the services.
5. SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS
You will not reproduce, copy, transfer, give access to, distribute, sell, rent, lease, assign, sublicense, create derivative works from, decompile, reverse engineer, or disassemble the Service and/or Product(s) or any part of the Service and/or Product(s) in any manner whatsoever.
You acknowledge and agree that nothing in these Terms conveys to you any ownership, intellectual property rights or other proprietary interest in or relating to the Service and/or Product(s) or any other PurpleAir Products or services, or any modifications or derivative works of any of the foregoing. The Service and/or Product(s) is/are licensed, not sold, to you and is owned by PurpleAir and its licensors. Except as expressly set forth in these Terms, PurpleAir reserves all right, title and interest, including all intellectual property and other rights, in and to the Service and all other PurpleAir products and services. You agree not to obscure or alter or remove any patent, copyright, trademark or other proprietary notice or legend contained on or in the Service and/or Product(s).
B. License from PurpleAir. THE USE OF THE SOFTWARE AND/OR ANY PART OF THE SERVICES IS STRICTLY PROHIBITED AND INFRINGES UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES. THE ONLY PERMITTED USE OF THE SOFTWARE AND/OR ANY PART OF THE SERVICES IS OUTLINED ONLY IN THIS AGREEMENT.
C. Export Control(s). The use of the services may be subject to import and export laws of the United States and other countries. You agree and acknowledge that you will comply with all import and export laws and regulation. Specifically, you warrant and represent that the services and/or related software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the US Treasury Department’s List or Entity List. As a registered user of the services, you warrant and represent that you are not located in any such country or on any such list. This assurance and communication shall survive termination of this Agreement.
D. Update(s). In order to ensure a proper user experience of the services, PurpleAir may make regular software updates from time to time. The updates may include new software versions (including PAS software), bug fixes, and feature enhancements or improvements.
A. User Termination. You may delete your user account and stop using the PurpleAir services at any time.
C. Termination Effects. Termination of your services account may result in the loss to all access to the services and any account portions thereof including Content. After a period of time, as determined by PurpleAir, all data and information stored via your account shall be deleted and may or may not be used, at PurpleAir’s sole discretion, for analytics purposes.
7. Links and Third-Party Materials. As part of our services and its resident features and functions, you may encounter materials from third parties and/or hyperlinks to other Content, resources, or web sites. Because we have no control over third parties and their related materials, you acknowledge and agree that PurpleAir shall not be responsible or liable for any alleged damages you may have incurred either directly or indirectly.
8. Disclaimer of Warranties; Liability Limitation
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, PURPLEAIR MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.
PURPLEAIR DOES NOT REPRESENT, GUARANTEE, OR WARRANT THAT USE OF THE SERVICES WILL BE ERROR-FREE OR INTERRUPTED, YOU AGREE AND ACKNOWLEDGE THAT PURPLEAIR MAY REMOVE THE SERVICES FOR UNDEFINED PERIOD OF TIMES, OR CANCEL THE SERVICES ACCORDING TO THE TERMS IN THIS AGREEMENT.
THE SERVICES PROVIDED BY PURPLEAIR ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE AND ACKNOWLEDGE THIS FACT. IN TURN, PURPLEAIR AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNER, AND LICENSORS 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.
PURPLEAIR DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL BE FREE FROM CORRUPTION, LOSS, VIRUSES, ATTACK, HACKING, INTERFERENCE, OR OTHER SECURITY INTRUSIONS. PURPLEAIR DISCLAIMS ANY RELATED LIABILITY.
YOU AGREE AND ACKNOWLEDGE THAT YOUR DOWNLOADING OF ANY MATERIAL OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. ANY RESULTING OR ALLEGED DAMAGES TO YOUR COMPUTER, DEVICE, OR DATA LOSS THAT RESULSTS FROM SAID DOWNLOADING SHALL BE YOUR SOLE RESPONSIBILITY.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, PURPLEAIR MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PURPLEAIR AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF PURPLEAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
As a requirement to use our services, you expressly agree to defend, indemnify, and hold PurpleAir and its subsidiaries, affiliates, directors, officers, employees, agents, and licensors, harmless from any claim or demand thereof, including reasonable attorney’s fees, made by a third party, relating to or arising from: (a) any violation by you of this Agreement; (b) any Content in its entirety that you upload, transmit, or make available through the services; (c) your use of the services; (d) any violation that PurpleAir determines through its reasonable investigations of a suspected violation(s) of this Agreement; or (e) your violation of another’s rights. This express waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the services.
9. General Provisions
C. Entire Agreement. This Agreement embodies the complete agreement in its entirety between you and PurpleAir. This Agreement governs your use of PurpleAir services and replaces any other prior agreements between you and PurpleAir in relation to the services. In the event any of this Agreement is held to be invalid or unenforceable, that specific portion shall be construed to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect. If PurpleAir does not exercise or enforce any right or provision of this Agreement then that does not constitute a waiver of such right or provision. You agree that there shall be no third-party beneficiaries to this agreement.
D. PurpleAir as defined by this Agreement:
Adrionics Llc / PurpleAir.com
Registered Agent 9525256
United States Corporation Agents, Inc.
300 Delaware Avenue
Wilmington, DE 19801
E. Electronic Contracting. You acknowledge and agree that your use of the services includes your ability to enter into agreements or related transactions electronically. YOUR ELECTRONIC SUBMISSSION TO PURPLEAIR ACKNOWLEDGES YOUR AGREEMENT AND INTENT TO BY BOUND BY THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY. In order to access and store your electronic transaction records with PurpleAir, you accept full responsibility for installing required hardware and software