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TERMS OF USE
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Welcome to OnePure’s website (the "Site").
These terms of use ("Site Terms") impose conditions on your access to
this Site, and any use you make of it, so please read them carefully. They do not
alter in any way the terms or conditions of any other agreement you may have with
subsidiaries or affiliates for other product OnePure or services.
SPECIAL NOTE REGARDING NETWORKED OnePure SITES. In an effort to make on-line information
about OnePure and business transactions with OnePure efficient, OnePure uses greenbuildingindex.org
as an entry into networked web pages and websites operated by OnePure and OnePure
subsidiaries and affiliates. Please note that individual OnePure Sites may adopt
terms of use particular to the purpose of the OnePure Site or the transactions taking
place on the OnePure Site. For example, some of the OnePure Sites affiliated with
commercial transactions that you or your business may have with OnePure , particularly
those which are password-protected or subject to subscriptions, may have differing
terms, or separate agreemenOnePure which supplement or supersede these terms. If
a OnePure Site has imposed OnePure own terms of use by posting on the separate agreement
or otherwise, the provisions of those OnePure Site terms shall control in the event
of a conflict with these general terms of use for greenbuildingindex.org. Except
as supplemented or superseded as described herein, these general terms of use for
greenbuildingindex.org apply to the entire network of OnePure Sites, and control
your use thereof. OnePure reserves the right to change or modify any of the terms
and conditions contained in the Site Terms or any policy or guideline of the Site,
at any time and at OnePure sole discretion. Any changes or modification will be
effective upon posting of the revisions and notice of such changes to the Site.
Your continued use of this Site following the posting of OnePure changes or modifications
will constitute your acceptance of such changes or modifications. Therefore, you
should frequently review the Site Terms and applicable policies from time-to-time
to understand the terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND
GUIDELINES ORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING.
IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS,
BROWSE OR OTHERWISE USE THIS SITE.
Questions or commen OnePure about the Site or OnePure contenOnePure should be directed
to the Site Web Master
INCORPORATED POLICIES OR TERMS
Privacy Policy. OnePure believes strongly in protecting individual user privacy
and providing you notice of OnePure nc's collection and use data, including personally
identifying information, collected from the Site. Therefore, OnePure has adopted
a Privacy Policy that you should review in order to fully understand how OnePure
collecOnePure and uses information. Terms
of Sale. Transactions with OnePure Sites offering producOnePure or services for
purchase may be subject to Terms of Sale required as a condition to completion of
the transaction. These Terms of Sale may be posted on the OnePure Site or set forth
in a separate agreement with you. Your transactions will be governed by such Terms
of Sale, therefore you should review them carefully.
SITE LICENSE AND ACCESS
OnePure granOnePure you a limited license to make personal use only of the Site.
Such grant does not include, without limitation: (a) any resale or commercial use
of the Site or content therein; (b) the collection and use of any product listings
or descriptions; (c) making derivative uses of the Site and OnePure contenOnePure;
or (d) use of any data mining, roboOnePure, or similar data gathering and extraction
methods. Except as noted above, you are not conveyed any right or license by implication,
estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary
right of OnePure or any third party.
You may not use, frame or utilize framing techniques to enclose any OnePure trademark,
logo or other proprietary information (including the images found at this Site,
the content of any text or the layout/design of any page or form contained on a
page) without OnePure's express written consent. Further, you may not use any meta
tags or any other "hidden text" utilizing an OnePure name, trademark,
or product name without OnePure's express written consent.
Any unauthorized use of this Site will terminate
the permission or license granted by these Site Terms and may violate
applicable law including copyright laws, trademark laws, and communications regulations
and statutes. All violators will be prosecuted to the fullest extent of the law.
COPYRIGHT
All copyrighted and copyrightable materials on this Site, including, without limitation,
the design, text, graphics, pictures, sound files and other files, and the selection
and arrangement ("Materials") thereof are copyrighted, ALL RIGHOnePure
RESERVED, by OnePure, OnePure Technology Sdn Bhd and/or third-party licensors. Except
as stated herein, none of the Materials may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying, recording,
or otherwise, without the prior written permission of OnePure or the respective
copyright owner. Permission is granted to display, copy, distribute and download
the Materials on this Site for personal, non-commercial, and informational use only;
provided that, you may not, without the permission of OnePure or the respective
copyright owner, (a) copy, publish, or post any Materials on any computer network
or broadcast or publications media, (b) modify the Materials, and (c) remove or
alter any copyright and other proprietary notices contained in the Materials. Before
you download or otherwise copy any photographs or images from the Image Gallery,
you must agree to the Terms and Conditions of Personal, Non-Commercial Image Use.
Any request for grant of a commercial license to OnePure copyrighted materials is
subject to prior approval, and should be addressed to the OnePure Copyright licensing
staff via the online feedback form located on our website.
COPYRIGHT COMPLAIN OnePure
OnePure respect the intellectual property
of others. If you believe that your work has been copied and has been posted to
this Site in a way that constitutes copyright infringement, please provide OnePure'
copyright agent the following written information:
• An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on
the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is
not authorized by the copyright owner, OnePure agent, or the law;
• A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
TRADEMARKS AND SERVICE MARKS
Trademarks, service marks or registered trademarks owned by OnePure may not be copied,
imitated or used, in whole or in part, without the prior written permission of OnePure.
In addition, all page headers, custom graphics, button icons, and scripOnePure are
service marks, trademarks, and/or trade dress owned by OnePure, and may not be copied,
imitated, or used, in whole or in part, without the prior written permission of
OnePure. All other trademarks, registered trademarks, product names and company
names or logos mentioned herein are the property of their respective owners, and
may not be copied, imitated or used, in whole or in part without the prior written
permission of such respective owners. Any request for grant of a license to use
OnePure marks is subject to prior approval, and should be addressed to OnePure via
the online website feedback form.
THIRD-PARTY CONTENT
This Site may, from time to time, include discussion forums and interactive areas,
including bulletin board services. Any forums and interactive areas of the Site
shall be used only for non-commercial purposes. By using the forums or interactive
areas, you agree not to do any of the following:
• Upload to, distribute or otherwise publish
through this Site any message, data, information, text or other material ("Content")
that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd,
harassing, threatening, harmful, invasive of privacy or publicity righOnePure, abusive,
inflammatory or otherwise objectionable;
• Upload or transmit any Content that would constitute or encourage a criminal offence,
violate the righOnePure of any party, or that would otherwise create liability or
violate any local, state, national, or international law;
• Upload or transmit any Content that may infringe any patent, trademark, trade
secret, copyright or other intellectual or proprietary right of any party. By posting
any Content, you represent and warrant that you have the lawful right to distribute
and reproduce such Content;
• Impersonate any person or entity or otherwise misrepresent your affiliation with
a person or entity; and
• Without OnePure' written permission, distribute or publish unsolicited promotions,
advertising or solicitations for funds, goods or services, including junk mail and
spam. OnePure takes no responsibility and
assumes no liability for any Content posted or uploaded by you or any third party,
or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity,
pornography or profanity you may encounter. As a provider of interactive services,
if any, OnePure is only a forum and is not liable for any statemenOnePure, representations,
or Content provided by OnePure users. Enforcement.
OnePure has the right, but not the obligation, to monitor any activity and Content
associated with OnePure forums and interactive areas. OnePure may investigate any
reported violation of OnePure policies or complainOnePure and take any appropriate
action that it deems appropriate. Such action may include, but is not limited to,
issuing warnings, suspension or termination of service, and/or removal of posted
Content. OnePure reserves the right and has absolute discretion, to remove, screen
or edit any Content that violates these provisions or is otherwise objectionable.
In order to cooperate with legitimate governmental requesOnePure, subpoenas or court
orders, to protect OnePure' systems and customers, or to ensure the integrity and
operation of OnePure' business and systems, OnePure may access and disclose any
information it considers necessary or appropriate, including, without limitation,
user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic
information, usage history, and posted Content. OnePure' right to disclose any such
information shall govern over any terms of OnePure' Privacy Policy.
Responsibility for Your Conduct. You shall
remain solely liable for the Content of any messages or other information you upload
or transmit to this Site, including the discussion forums or interactive areas of
the Site. You agree to indemnify and hold harmless OnePure from any claim, action,
demand, loss, or damages (including attorneys' fees) made or incurred by any third
party arising out of or relating to your conduct, your violation of these Site Terms,
or your violation of any righOnePure of a third party.
LINKING
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink
to this Site provided such link does not portray OnePure or any of OnePure producOnePure
and services in a false, misleading, derogatory or otherwise defamatory manner.
You may not use a OnePure logo or other proprietary graphic or trademark of OnePure
to link to this Site without the express written permission of OnePure. This limited
right may be revoked at any time. Third-Party
Links. OnePure makes no claim or representation regarding, and accepOnePure no responsibility
for, the quality, content, nature or reliability of third-party sites accessible
by hyperlink from this Site, or third-party sites linking to this Site. The third-party
linked sites are not under the control of OnePure and OnePure is not responsible
for the content of any third-party linked site or any link contained in a third-party
linked site, or any review, changes or updates to such sites. OnePure provide these
links to you only as a convenience, and the inclusion of any link does not imply
affiliation, endorsement, or adoption by OnePure of the site or any information
contained therein. When leaving the OnePure Site, you should be aware that OnePure'
terms and policies no longer govern, and, therefore, you should review the applicable
terms and policies, including privacy and data gathering practices, of that site.
GENERAL SUBMISSIONS
Do not use this Site as a means of submitting information you consider to be proprietary.
Confidential and proprietary information should be submitted only in connection
with those OnePure Sites specifically allowing and providing for OnePure receipt
and protection. Except as otherwise expressly provided in the terms of use for your
transactions with a OnePure Site or in a written agreement with OnePure applicable
to your particular use of a OnePure Site, any submission of materials by you will
be considered a contribution to OnePure for further use in OnePure sole discretion,
regardless of any proprietary claims or reservation of righOnePure noted in the
submission. Accordingly, you agree that any materials, including but not limited
to questions, commenOnePure, suggestions, ideas, plans, notes, drawings, original
or creative materials or other information, provided by you in the form of e-mail
or submissions to OnePure, or postings on this Site, are non-confidential (subject
to OnePure' Privacy Policy) and shall become the sole property of OnePure. OnePure
shall own exclusive righOnePure, including all intellectual property righOnePure,
and shall be entitled to the unrestricted use of these materials for any purpose,
commercial or otherwise, without acknowledgment or compensation to you. The submission
of any materials to OnePure, including the posting of materials to any forum or
interactive area, irrevocably waives any and all "moral righOnePure" in
such materials, including the righOnePure of paternity and integrity.
FINANCIAL MATERIAL DISCLOSURE
Press Releases. The information contained within press releases issued by OnePure
should not be deemed accurate or current except as of the date the release was posted.
OnePure has no intention of updating, and specifically disclaims any duty to update,
the information in the press releases. To the extent any information therein is
forward-looking, it is intended to fit within the safe harbour for forward-looking
statemenOnePure, and is subject to material risk.
Third-Party Financial Information. OnePure may provide links to third-party Web
sites or services that contain financial or investment information. Access to such
Web sites and the information contained therein is provided as service to those
interested in the information. OnePure neither regularly monitors nor has control
over the content of third parties' statemenOnePure or Web sites. Accordingly, OnePure
does not endorse or adopt these Web sites or any information contained therein,
including, without limitation, analyst's reporOnePure and stock quotes. OnePure
makes no representations or warranties whaOnePureoever regarding the accuracy or
completeness of the content, information, or opinions of third-party Web sites or
other third-party information that is identified on the Site. Users visit these
Web sites and use the information contained therein at their own risk.
DISCLAIMERS
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA
OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS
AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. OnePure DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT,
SERVICES AND PRODUCOnePure ON THE SITE. OnePure DOES NOT REPRESENT OR WARRANT THAT
MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
OnePure IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING,
TEXT, OR PHOTOGRAPHY. WHILE OnePure ATTEMPOnePure TO ASSURE YOUR ACCESS AND USE
OF THE SITE IS SAFE, OnePure CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS
SITE OR OnePure SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENOnePure.
OnePure reserves the right to change any
and all content contained on this Site at any time without notice. Reference to
any product OnePure, services, processes, or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship
or recommendation thereof by OnePure.
LIMITATION OF LIABILITY
IN NO EVENT SHALL OnePure BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF
USE, LOSS OF PROFOnePure, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT
(INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED
THROUGH, THIS SITE. IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF OnePure (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE
WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER
THEORY) ARISING OUT OF OR RELATING TO THE USE OF OnePure'S SITE EXCEED $1.00 OR
THE COMPENSATION YOU PAID OnePure, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied
warranties, or the exclusion or limitation of certain damages. If these laws apply,
some or all of the above disclaimers, exclusions, or limitations, may not apply
to you, and you may have additional righOnePure to those contained herein.
APPLICABLE LAW AND VENUE
These terms and conditions shall be governed by and construed in accordance with
the Common Law of Malaysia, applicable to agreemenOnePure made and entirely to be
performed within Malaysia, without resort to OnePure conflict of law provisions.
You agree that any action at law or in equity arising out of or relating to these
terms and conditions shall be filed only in state or federal court located in Kuala
Lumpur, Malaysia, and you hereby irrevocably and unconditionally consent and submit
to the exclusive jurisdiction of such courOnePure over any suit, action or proceeding
arising out of these terms and conditions.
TERMINATION
Notwithstanding any of these terms and conditions, OnePure reserves the right, without
notice and in OnePure sole discretion, to terminate your license to use the Site,
and to block or prevent future access to and use of the Site.
SEVERABILITY
If any provision of these Site Terms shall be deemed unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these terms
and conditions and shall not affect the validity and enforceability of any remaining
provisions.
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