Terms and Conditions

The following Terms and Conditions govern your use and access to the homevault.com and related websites (such sites are collectively referred to herein as the “Sites” and each individually a “Site”).

IMPORTANT! These Terms and Conditions also govern your membership to a Site (or Sites) if you become a member. By accessing, using, printing, installing, or downloading any material from any of the Sites, or becoming a member to any one of the Sites, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change by the Sites at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter, use or access any of the Sites, and must exit the Site immediately. You may use and access the Sites only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Sites. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.

You may cancel your membership at any time by providing: (a) our customer service department with a notice of your intent to cancel the membership at least 48 hours before the renewal date along with your user name and password; and (b) any outstanding fees owed for your membership. You hereby agree to be personally liable for any and all charges made by you for goods or services through your use of the Sites. This Agreement’s provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Site or Sites to which you were a member.

PURE Property Management of New Mexico may terminate your access to a Site at any time, with or without advance notice, if: (a) PURE Property Management of New Mexico believes that you have breached any material term of these Terms and Conditions, (b) if you fail to pay any amount due by the payment due date; or (c) PURE Property Management of New Mexico decides to cease operations or to otherwise discontinue any of the Sites. Further, you agree that neither PURE Property Management of New Mexico nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to any of the Sites. You agree that if your account is terminated by PURE Property Management of New Mexico, you will not attempt to re-register as a member without prior written consent from PURE Property Management of New Mexico.

You expressly agree that use of the sites or any of the materials contained therein is at your own and sole risk. The sites and all materials contained therein are provided “as is” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. PURE Property Management of New Mexico makes no representations or warranties that the sites or any materials contained therein will be uninterrupted, timely, secure, or error free; you also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the sites or any of the materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You understand that PURE Property Management of New Mexico cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. PURE Property Management of New Mexico does not assume any responsibility or risk for your use of the internet. PURE Property Management of New Mexico makes no warranty regarding any goods or services purchased or obtained through the sites or any transaction entered into through the sites and is not responsible for any use of confidential or private information by sellers or third parties. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

In no event shall PURE Property Management of New Mexico (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to you, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the sites or any of the materials contained therein, even if PURE Property Management of New Mexico has been advised of the probability of such damages. This is for any matter arising out of or relating to this agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if PURE Property Management of New Mexico has been advised of the possibility of such damages. In no event shall PURE Property Management of New Mexico’s maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by you for use of a site or programs on a site for a period of no more than one (1) month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

You agree to defend, indemnify, and hold harmless PURE Property Management of New Mexico, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to use, misuse, or inability to use the Sites or any of the Materials contained therein, or your breach of any of these Terms and Conditions. PURE Property Management of New Mexico shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. PURE Property Management of New Mexico may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.

Some web sites which are linked to the Sites are owned and operated by third parties. Because PURE Property Management of New Mexico has no control over such sites and resources, you acknowledge and agree that PURE Property Management of New Mexico is not responsible for the availability of such external sites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PURE Property Management of New Mexico shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third-party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.

PURE Property Management of New Mexico respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PURE Property Management of New Mexico’ Copyright Agent the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the investor of the copyright or other intellectual property interest;

(b) description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located on a Site;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright investor, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property investor or authorized to act on the copyright or intellectual property investor’s behalf.

You may send your Notice of Claimed Infringement to:

hello@purepm.com

Please send only notices of claimed infringement to our Designated Agent. Do not sent other inquires or information to our Designated Agent.

PURE Property Management of New Mexico reserves the right at any time to implement a “notice and takedown” procedure upon receipt of any notification of claimed infringement. PURE Property Management of New Mexico reserves the right at any time to disable access to, or remove, any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.

PURE Property Management of New Mexico shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay PURE Property Management of New Mexico’ performance.

A. Governing Law

These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of Arizona, excluding its conflict of law provisions. Notwithstanding the foregoing, however, all issues relating to arbitrability or the enforcement of the Agreement to arbitrate contained herein are to be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the federal common law of arbitration. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of Arizona. Exclusive venue for any litigation permitted under this Agreement shall be with the state and federal courts located in Maricopa County, Arizona.

B. Rights to Injunctive Relief

Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

C. Arbitration

All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) which cannot be amicably settled by the parties, must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association (AAA) in accordance with its commercial arbitration rules then in effect, modified as set forth in this section. The term “Dispute” means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void.

The dispute shall be submitted to and a decision rendered by a single arbitrator who is (a) agreeable to both parties, or (b) if agreement cannot be reached within 21 days of initiation of the proceedings, chosen pursuant to AAA rules.  All proceedings and correspondence shall be conducted in the English language. 

The arbitration process shall be as follows. A reasonable period shall be allowed for discovery, limited as to scope, nature, period, response time, as may be agreed upon by the parties.  Within thirty (30) days of the close of the discovery period or such other time period as agreed to by the parties and arbitrator, the arbitrator shall hold an oral hearing in Phoenix Arizona, or such other place agreed to by the parties.  The Arbitrator shall order that the parties submit to the Arbitrator, at least 10 days prior to the oral hearing a joint prehearing statement containing: a brief statement of the nature of the claims and defenses; any stipulated facts; a list of exhibits, and any objections to the admissibility of any such exhibit; the identity of each witness who provide testimony and whether the testimony will be oral or by written submission, as well as the subject matter of that witnesses’ testimony, its content, and its relevance to the issues in the arbitration; and an estimate as to the length of time that will be required for the arbitration hearing. No witness or exhibit shall be used at the oral hearing, or otherwise considered, other than those listed in the prehearing statement and exchanged, except for good cause shown or upon written agreement of the parties. No objection to an exhibit shall be entertained unless stated in the prehearing statement and exchanged, except for good cause shown or upon written agreement of the parties. Each party shall have the right to cross-examine any witness called by the other party (oral or written submission). The Arbitrator shall compel attendance of each such witness for cross-examination at the hearing, unless otherwise agreed by the party. Either party and/or the arbitrator can by written notice at least five (5) working days in advance of the hearing require attendance at the hearing of any individual having personal knowledge of facts pertinent to the dispute.  The hearing shall in general, be governed by the U.S. Federal Rules of Civil Procedure and Federal Rules of Evidence, except that the signed written statements submitted by the parties shall be used in lieu of direct testimony.  Any time period may be shortened or extended by agreement of the parties. 

Unless agreed upon by the parties and the arbitrator, the arbitrator shall immediately upon the end of the hearing consider the evidence and shall work continuously and exclusively on the matter until a decision is rendered.  However, the arbitrator may reconvene the hearing for further questioning of individuals if deemed necessary.  The Arbitrator shall have the power to award any remedy provided under the applicable laws.  The Arbitrator shall award to the prevailing party in the arbitration all arbitration costs and legal costs actually incurred in connection with the arbitration including but not limited to, the arbitrator’s fees, attorneys’ fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any..

At the request of any party, a written arbitration order and/or award shall be issued, judgment on which may be entered in any Court of competent jurisdiction. Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable.

In the event that these modifications are in conflict with the rules then in effect of the AAA, these modifications shall take precedence.

The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law.

This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.

The parties each acknowledge and agree that it is the intent of the parties that arbitration and litigation between the parties will be of the parties’ individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.

Notwithstanding this section, judicial proceedings may be brought without need for prior arbitration by PURE Property Management of New Mexico with respect to claims relating to its trademarks, service marks, copyrights, or other intellectual property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.

D. Time Limitations on Actions

The parties hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts. This provision shall not apply to actions by PURE Property Management of New Mexico to enforce Intellectual Property rights.

E. Assignment

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective permitted assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.

F. Severability

If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.

G. Attorney’s Fees

In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney’s fees, including attorney’s fees incurred on appeal.

H. No Waiver

No waiver by PURE Property Management of New Mexico shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions.

I. Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.

J. Complete Agreement

These Terms and Conditions  and Privacy Policy constitute the entire agreement between the parties with respect to your access and use of any of the Sites and the Materials contained therein, and your membership with any of the Sites, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.

K. Modifications

PURE Property Management of New Mexico reserves the right to change any of the provisions listed herein and you agree to review these Terms and Conditions each time you visit a Site. In the event of a change to these Terms that substantially limits your rights hereunder, PURE Property Management of New Mexico will provide you with written notice prior to such changes taking effect. Your continued use of a Site following PURE Property Management of New Mexico’ posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. Unless accepted by PURE Property Management of New Mexico in writing, these Terms and Conditions may not be amended by you.