PURERPODCASTS (“App”) TERMS AND CONDITIONS

  1. General

This mobile application is owned and operated by HighRise Garage LLC d/b/a PurerPodcasts (“we” or “us”). Specifically, it outlines the types of information that we gather about you and information and collection practices while you are using the Android/Google Play: [pending] or iOS: [pending]  (the “App”)

By using the App, you agree to be bound by these Terms (“Terms of Service” or “Terms and Conditions”) and to use the App in accordance with these Terms and Conditions, our Privacy Policy and any additional terms and conditions that may apply to specific portions of the App. 

Accessing the App, in any manner, whether automated or otherwise, constitutes use of the App and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the App, from time to time, in which case we will post the revised Terms of Service within the App. By continuing to use the App after we post any such changes, you accept the Terms of Service, as modified.

2. Intellectual Property Rights

A) Our Limited License to You. This App and all the materials available on the App are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The App is provided solely for your personal noncommercial use. You may not use the App or the materials available on the App in a manner that constitutes an infringement of our rights or that have not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the App.

3. Disclaimers

THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE APP AND BY COMPANY AND ANY THIRD-PARTIES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE APP OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS APP, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP OR MATERIALS ON THIS APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

4. APP purchases 

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the App. You agree to use the App and to purchase services or products through the App for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

By using the App, you agree to pay monthly subscription fees to access premium features (“Paid Subscriptions”). If you do not pay the subscription fees, we reserve the right to suspend/deactivate your account.

The Paid Subscription rates are as follows: 

Subscription Price ($/month)          # of Podcast Feeds

1.49                                                              1

3.99                                                              3

5.99                                                              5

9.49                                                              10

12.49                                                           15

15.49                                                           20

Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.

Right of Regret.  If you are a customer in Brazil, you have the right to withdraw from your subscription within seven (7) days of signing up, for any reason, provided you have not commenced use of Purerpodcasts. Purerpodcasts will refund you provide you qualify for the during the 7-day period. If you wish to withdraw from a subscription, please contact [email protected]

5. Cancelling APP Purchases 

You understand that all subscriptions auto-renew. You can cancel anytime by accessing the store of your mobile application and following the instructions for cancelation. You understand that your subscription will expire in accordance with the end of the term. 

We may terminate or suspend your Paid Subscription, in whole or in part:

A. at any time if we believe you have breached any of these Terms, if we stop providing the APP or any material component thereof, or as we believe necessary to comply with applicable law; or

B. upon reasonable notice to you for any reason or no reason. 

6. Currency

All sales are billed in United States Dollars (“USD”) as required by law.

7. Refund Policy

There are no refunds for goods or services purchased through our App.

8. Registration and Passwords 

A) Registration. To access certain features of the App, we may ask you to provide certain demographic information including your name, email address, and phone number. In addition, if you elect to sign-up for a particular feature of the App, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the App’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

B)  Passwords. To use certain features of the App, you will need a username and password, which you will receive through the App’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APP, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE APP, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE APP, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE APP, OR WITH ANY OF THE APP’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS App IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

You acknowledge and agree that no representation has been made by Company or its Affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on this App.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

9. Other

A) DMCA.The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright, you, or your agent may send to Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Company’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: [email protected] 

B) Assignment.This Agreement shall be binding upon and inure to the benefit of Company and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Company.  Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Company to any affiliated entity or any of its wholly owned subsidiaries.

C)  Indemnification. You agree at all times to defend, indemnify and hold harmless Company its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

D Mandatory Arbitration. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against US must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety the (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. 

E No Class Action Proceedings or Class Action Waiver. 

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE PURERPODCASTS IN ARBITRATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. 

F Choice of Law. These Terms of Use shall be governed by and construed in accordance with the state of Texas. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrighted by PurerPodcasts ALL rights reserved. No part of this App or products and services contained therein may be copied, or changed in any format, sold, or used in any way other than what is outlined without express permission from PurerPodcasts.

10. Contacting Us

If there are any questions regarding these Terms and Conditions, you may contact us at: [email protected]