Terms of Use

Last Updated: December 17, 2024

These terms of use (“Terms”) govern your use of and access to our web sites, mobile applications (“App”), Pura dispensers (“Devices”), fragrance refills, and subscriptions (collectively, the “Services” or “Service”). They constitute your agreement with Pura Scents, Inc., a Delaware corporation (“Pura Scents, Inc.,”, “Pura”, “we,” “us,” “our”). The Service is offered to you (the “User”, “you” or “your”) conditioned on your acceptance without modification of the Terms and the Pura Privacy Policy located here: https://www.pura.com/pages/privacy-policy (“Privacy Policy”). By accessing or using the Service, you agree to these Terms and the applicable Privacy Policy. If you do not agree to these Terms, do not use the Service.

DISCLAIMER

Devices should only be used as directed. Keep devices upright at all times and we recommend at least 24 inches of clearance above and around couches, chairs, decor, fabric, leather, plastic, etc. Avoid placing near cabinets and other furnishings. Pura is not responsible for any damage to floors, furnishings, walls, etc.

SAFETY INFORMATION

*ATTENTION: Do NOT let home device tip over with fragrances inserted. Vials will leak and ruin device if not kept upright and properly stored.

CAUTION: Avoid Extreme Heat and Direct Sunlight.

INSTRUCTIONS PERTAINING TO A RISK OF FIRE, ELECTRIC SHOCK OR INJURY TO PERSONS:

WARNING: When using electric products, basic precautions should always be followed, including the following: READ all the instructions before using this product. To reduce the risk of injury, close supervision is necessary when a product is used near children. KEEP OUT OF REACH OF CHILDREN AND PETS. DO NOT put fingers, hands, metal or other strange objects in the product device or fragrance. No serviceable parts. DO NOT attempt to repair any devices. DO NOT refill any fragrances . If the device t blocks the "TEST" or "RESET" buttons of a GFCI receptacle, it is recommended that the unit be removed from the outlet monthly and the GFCI be tested before plugging the fragrance unit back into the outlet. Avoid hard knocks. If the device fails or is damaged, remove from outlets immediately. This product is not a toy. Intended for adult use only. There are no user maintenance parts, do not open device. 

CAUTION: CONTAINS FRAGRANCE OILS. IF SWALLOWED, DO NOT INDUCE VOMITING. SEEK MEDICAL ADVICE IMMEDIATELY. 

EYE & SKIN IRRITANT: CONTACT with liquid fragrance may cause eye or skin irritation. If contact occurs, rinse thoroughly with water for 15 minutes. If irritation persists, seek medical advice. Use only in properly functioning 120 volt electrical outlet. DO NOT use extension cords. DO NOT plug anything above the device. DO NOT disassemble the dispenser unit or modify the plug in any way. Use ONLY Pura scented fragrance refills. DO NOT cover or paint the unit. DO NOT place on or near polished, painted, plastic or wood surfaces. DO NOT use in confined spaces. DO NOT PLUG IN SIDEWAYS OR UPSIDE DOWN. Use with care around birds and other sensitive household pets. Use only as directed.

CHOKING HAZARD: Assembly contains small parts and is not suitable for children. Parents must exercise caution and keep out of reach of children.

STRANGULATION HAZARD: Car device comes with a power cord not suitable for children. Parents must exercise caution.

DO NOT OPEN, TAMPER WITH, OR DISASSEMBLE the plastic fragrance cartridge or the interior components.

DO NOT REMOVE the gel fragrance disc inside of the car fragrance cartridge. If fragrance gel separates from cartridge, promptly dispose of gel.

CAUTION: Avoid Extreme Heat and Direct Sunlight. While Pura’s car device and replaceable gel cartridges have been designed to work in a variety of weather conditions, extreme and prolonged heat conditions  as well as exposure to direct sunlight may cause overheating and damage to the cartridges.  

If the device or cartridges have been exposed to extreme heat or direct sunlight it is recommended to allow the device and cartridges to cool down before handling and operating.  

Melting of the gel inside the cartridges can occur under extreme heat conditions so be very careful when handling cartridges after exposure to extreme

heat.  Wipe up any spills of melted cartridges immediately.  Replace cartridges if gel has

melted.  

CAUTION: CONTAINS FRAGRANCE OILS. IF SWALLOWED, DO NOT INDUCE VOMITING.

Seek medical advice immediately or contact poison control. EYE & SKIN IRRITANT:

CONTACT with liquid fragrance may cause eye or skin irritation. If contact occurs, rinse

thoroughly with water for 15 minutes. If irritation persists, seek medical advice.

INSTALLATION INSTRUCTIONS FOR HOME DEVICES:

1. Unscrew the cap on fragrance refill and set aside.
2. Insert the vial completely into device until you hear a click.
3. Insert dispenser UPRIGHT into outlet. Rotate plug if necessary.

INSTALLATION INSTRUCTIONS FOR CAR DEVICE:

USER MAINTENANCE: 

Fragrances may collect on device over time, To clean device, remove from electrical outlet and wipe with dry cloth. Replace fragrance refill when empty. DO NOT immerse in water. DO NOT empty fragrance oils into the drain. Thoroughly clean any spills immediately.

MOVING AND STORAGE: 

Remove device with refill from outlets. Remove fragrance from device and screw caps onto fragrance bottles for home devices. Store refills upright with the device in a dry location. Placing the vial, or the dispenser with the vial inserted on its side or upside down can cause leakage. 

THIS DOCUMENT CONTAINS INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE.

Contains FCC ID:2AC7Z-ESPWROOM32

Federal Communication Commission Interference Statement: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules.

These limits are designed to provide reasonable protection against harmful interference in a residential and vehicle installation. Pura equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications.

However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference with one of the following measures:

• Reorient or relocate the receiving antenna.
• Increase the separation between the equipment and receiver. 
• Connect the equipment on a circuit different from that to which the receiver is connected. 
• Consult the dealer or an experienced radio/TV technician for help.

EXPOSURE TO RADIO FREQUENCY: Bluetooth devices emit low levels of nonionizing radiation. Exposure to low amounts of this type of radiation is not harmful to humans. 

FCC Caution: Any changes or modifications not expressly approved by the party responsible for compliance could void the user's authority to operate this equipment. 

This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: 

• The device may not cause harmful interference, and 
• The device must accept any interference received, including interference that may cause undesired operation.

FCC Radiation Exposure Statement: Pura equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment. The transmitter module must not be co-located or operating in conjunction with any other antenna or transmitter. The End equipment should be installed and operated with a minimum distance of 20 centimeters between the radiator and your body. 

For all support inquiries, you can visit our Help Center, or send a request through our Support Form where our Customer Care agents are available Monday-Friday 9:00am-5:00pm MST.

YOUR ACCOUNT AND RESPONSIBILITIES

To use the App and/or most Services offered under these Terms, you will need to register as a User for an account (“Account”). You agree to ensure that your User information is accurate and kept up to date. Accounts are available only to adult individuals 18 years of age or older and have the necessary power and authority to enter into these Terms. By accepting these Terms, you affirm that you are at least 13 years old, and, if you are under 18 years old, that your parent or legal guardian has given you permission to use the Service and agrees on your behalf to the Terms. If you are under the age of 13, do not use the Service. You agree to accept full responsibility of all obligations under these Terms for the actions of any user of an Account authorized or created by you. 

If you create an Account, you will be asked to create a password and a user name upon completing the registration process ("Access Credentials"). It is solely your responsibility to maintain the security of your Access Credentials. You agree that Pura shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your Access Credentials by a third party. You shall not allow any other person to use any Service or the Apps via your Access Credentials. You agree to ensure that you exit from your Account at the end of each session.

Pura may suspend, terminate, modify, or delete any Account at any time for any reason, with or without notice to you. Most Account suspensions, terminations, and/or deletions are the result of violations of these Terms or are a result of an abandoned Account.

DATA AND PRIVACY

Use of the Service is also subject to the Privacy Policy. Any personally identifiable information collected from you is subject to the guidelines established in the Privacy Policy. The Privacy Policy is hereby incorporated into and made a part of these Terms. 

Pura may track web traffic origination and patterns for visitors to our Services, and we may analyze this data for trends and statistics in the aggregate, but this information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use this aggregate information to analyze trends, administer the Service, track users’ movement, and gather broad demographic information for aggregate use.

For additional privacy information, please review our Privacy Policy.

TRANSMISSIONS, SUBMISSIONS AND POSTINGS TO THE SITE

You and/or the Users to which you have granted access to Pura. Services may be able to post user-generated content, such as comments, answers or reviews ("User Generated Content") in the Services.

The user of the Account posting such User Generated Content will remain the owner of the User Generated Content. You are responsible for the User Generated Content you have posted and for all User Generated Content that is posted from any Account authorized or created by you. 

For all User Generated Content, you represent and warrant that (i) the poster has the right to post the User Generated Content, (ii) neither Pura nor any third party's rights, laws, statutes, ordinances or regulations, e.g. COPPA, FERPA, CalOPPA, etc., will be violated by such posting, (iii) you are not being compensated for the posting; and (iv) the User Generated Content (a) is not harmful, trade libelous, fraudulent, threatening, abusive, harassing, defamatory, pornographic, obscene, explicit or vulgar, libelous, or otherwise injurious, objectionable or offensive or that infringes on Pura or any third party's rights of publicity or privacy, (b) does not make the security of your Account, Apps, and/or Services vulnerable in any way, (c) does not contain any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots, ransomware, malware, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (f) does not contain or constitute chain letters, mass mailings, political campaigning, or any form of "spam," (g) does not contain information that is false, inaccurate or misleading and (h) does not include or constitute commercial advertisements or solicitations. You acknowledge that Pura and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Generated Content or material that is available through the Apps and/or Services.

By posting User Generated Content, you grant Pura an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Generated Content for any purpose, commercial, advertising, or otherwise, on or in connection with Pura Apps, and Services, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Generated Content, and to grant and authorize sublicenses of the foregoing. You also hereby grant each User of an Account, App, and/or Service a worldwide, non-exclusive, fully paid, royalty free, worldwide license to use, copy, publicly perform, publicly display, host, reformat, edit, translate, excerpt (in whole or in part) any User Generated Content submitted by you during each such User's use of the Account, Apps, and/or Services.

Although Pura. does not regularly review transmissions, submissions or postings, Pura reserves the right (but not the obligation) to review, edit, refuse to post or remove User Generated Content.

You are solely responsible for all your transmissions, submissions or postings and the consequences of transmitting, submitting or posting them.

You irrevocably waive any and all claims and assertions of moral rights or attribution with respect to User Generated Content as against Pura .

SMS TERMS

By subscribing to Pura SMS, you agree to receive recurring automated marketing messages such as surveys, customer win-backs, flash sales, upsells, and order status messages. You also agree to receive transactional notifications such as order and tracking information.

You may expect to get occasional texts concerning latest text alerts, surveys, welcome messages, customer win-backs, text campaigns, flash sales, upsells, account information and order information. Message and data rates may apply. Message frequency varies.

Consent is not a condition of purchase. Reply STOP to unsubscribe. HELP for help or email support@pura.com. Message and data rates may apply.

If you do not wish to be part of our service you can unsubscribe at any time by texting STOP, CANCEL, QUIT, END, or UNSUBSCRIBE to any mobile message received from us. You may get another text message confirming your decision. You also agree that by sending an email, calling, or sending any other means of opt out unsubscribe request or using words different than the words presented above will not be reasonable means to unsubscribe you.

If your device does not support MMS we will deliver a SMS instead and strip the image. The opt out will also be delivered as a standard text message (SMS).

Carriers (AT&T,  Verizon, T-Mobile, Sprint, Rogers, MetroPCS, etc) are not responsible or liable for undelivered or delayed messages.

CODE OF CONDUCT

By accessing or using the Service or any other feature provided through the Service, including but not limited to, User Generated Content, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:

Use the Service in breach of these Terms;

Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use or access to the Service;

Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;

Impersonate another person or entity;

Promote, solicit, or participate in any multi-level marketing or pyramid schemes;

Solicit personal information from or exploit any individual under eighteen (18) years of age;

Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated information to a forum’s designated topic or theme;

Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Service;

Gain unauthorized access to any computer system or nonpublic portion of the Service or interfere with or disrupt the Service, servers, or networks connected to the Service;

Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Service’s users;

Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.

Pura cannot and does not assure that other users are or will be, compliant with the foregoing Code of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

MOBILE

The Service and App may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Service, receive messages from the Service, download applications to your mobile device or access Service features (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges may appear on your mobile bill or be deducted from your pre-paid balance. You are responsible for any mobile data fees and other third-party charges that may incur (for example, fees that may be charged by your carrier) in connection with your access, download and use of the Mobile Features. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Mobile Features available. You shall provide all equipment and software necessary to connect to the Mobile Features, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Service. Pura will not be liable for any delays in the receipt of any User Generated Content, as delivery is subject to effective transmission from your network operator.

AUTOMATIC UPDATES

Pura. does not warrant that the functions or features of the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components. Pura does not make any representations or warranties regarding the use of the Service in terms of its correctness, accuracy, reliability, or otherwise. Interruptions of the Service will occur from time-to-time for many reasons, such as outages and/or periodic maintenance being performed. You understand and agree that the usage of the Service is at your own discretion and risk. You will be solely responsible for any damages or loss of data that results from such use.

We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to these automatic Updates. If you do not want such Updates, your remedy is to terminate your account and stop using the Service. If you do not terminate a previously created account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Service and you agree to promptly install any Updates we provide. Your continued use of the Service is your agreement to these Terms with respect to the Service.

COMPATIBILITY

You acknowledge that you have verified the compatibility of the Device with other equipment in your home or car (e.g. electrical). You are solely responsible for determining the compatibility of the Device with other equipment, and you accept that lack of compatibility is not a valid claim under any applicable warranty and does not otherwise constitute a basis for receiving a refund.

INSTALLATION

There may be laws in the jurisdiction that you install a particular Device applicable to where and how to install that Device. You should check that you are in compliance with all relevant laws in your jurisdiction. We are not responsible for any injury or damage caused by self-installation. You should do your own diligence of the installers to select one that best fits your needs.

THIRD-PARTY LINKS

The Service may contain links to sites on the Internet that are owned and operated by third parties (the “External Sites”). Even if the third party is affiliated with Pura. Pura  has no control over these External Sites, all of which have separate privacy policies, data collection practices and terms and conditions independent of Pura . Pura has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices, the terms and conditions or the content of such External Sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Pura sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.

If you determine to share any information about any Pura products through a social network platform, including through links provided by Pura. through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows you to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by Pura, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform. You expressly acknowledge and agree that we in no way are responsible or liable for any such External Sites or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with third party services and such services may interact with, connect to or gather and/or pull information from and to your Service profile. By using such services, you acknowledge and agree to the following: (i) if you use a third party service to share information, you are consenting to information about your profile in the Service being shared; (ii) your use of the third party service may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your use of the third party service is at your own option and risk, and you will hold us harmless for activity related to that third party service.

SALE OF PRODUCTS TO END USERS ONLY

If you wish to purchase fragrances, devices or other products through the Service, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to us (or our third-party payment processor) will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. We only sell Devices, Subscriptions or products to individuals who can purchase with a permitted payment method. You are permitted to purchase only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to resale. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any Device or products ordered via the Service. Pura sells its Devices and fragrance refills (collectively “Products”) from the site to end-user customers who enroll in a subscription or purchase as a one-time purchase, to receive the Products (“Subscription(s)”) only for their own personal, non-commercial use. You may not purchase Products or Subscriptions with the intent to further distribute or resell or for any other commercial or business purpose. We reserve the right to limit the quantity of Subscriptions purchased per person, per household or per order. The Subscription and all rights and privileges conferred are personal and non-transferable. We reserve the right to refuse to process or complete any transaction, and to cancel any transaction in our sole discretion.

PRICING 

Products and Subscriptions offered by Pura. through the website and App are only an offer to conclude a sales contract. Such contracts are only concluded upon the confirmation of the order by e-mail by Pura to you. The total price of your order will be reflected on the final checkout page. An order receipt shall be sent to the email address you provided during sign up showing the final total price as well. The net price for Products and Subscriptions can be found on Pura  then-current pricing page. Pura reserves the right to change the prices and fees for Products and Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases. 

SUBSCRIPTION TERMS AND SUBSCRIPTION CANCELLATION POLICY

During the checkout process for new subscribers, you may choose to have your Products shipped to you at recurring intervals of 4,8, or 12 weeks. Once you have started your Subscription, you may choose to have your products shipped to you at recurring intervals of 4, 6, 8, 10, or 12 weeks. After your first shipment, Pura will make its best effort to fulfill recurring shipments that are part of your Subscription on the delivery date based on the weekly cadence you have selected. However, Pura may adjust your delivery date due to fulfillment circumstances at the time of your selected delivery dates (including but not limited to: inventory levels, supply chain delays, fulfillment center capacity). You will receive an email with an estimated delivery date when your recurring shipment has been fulfilled (i.e., has been tendered to a carrier for delivery).

IMPORTANT NOTICE TO CONSUMER: Your Subscription is billed based upon your delivery cadence chosen and may be canceled at any time by emailing Pura at support@pura.com. Pura requires a reasonable amount of time to process your Subscription cancellation request. If you cancel your Subscription, you will enjoy your Subscription benefits until the end of the then-current Subscription term, and your Subscription benefits will expire at the end of the then-current Subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription term. There are absolutely no early termination fees or any other fees of any kind associated with canceling a Subscription. Please note that foregoing Subscription Terms and Subscription Cancellation Policy do not apply to the Discounted Diffuser promotion. For more information on the Discounted Diffuser promotion, please click here.

OPERATION OF THE SERVICE – DISCLAIMER

Pura endeavors to maintain the Service and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Service or its operation. AS TO THE OPERATION OF THE SERVICE, PURA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PURA MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. You (and not Pura) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of using the Service. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. You use the Device at your own discretion and risk. You will be solely responsible for (and Pura disclaims) any and all loss, liability or damages resulting from your use of the Device, including damage or loss to your electrical system, plumbing, home, vehicle, Device, other peripherals connected to the Device, computer, mobile device, and any and all other items and pets in your home.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PURA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PURA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS, AND MATERIALS AVAILABLE FROM OR THROUGH THE SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

If the foregoing limitation of liability is held to be unenforceable, the maximum liability to you shall not exceed the amount paid by you for the Service. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusion may not apply to you to the extent such jurisdiction’s law is applicable to these Terms. If the law applies to you and your use of the Service does not permit the waiver by you of any rights or remedies, these Terms do not require you to waive any such rights.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Pura, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages (actual and consequential) and costs, including reasonable attorneys’ fees, resulting from any violation by you of the Terms, your use of the Service (including negligent or wrongful conduct) and/or the use of the Service by any other person using your Device or Account.

APPLICABLE LAW AND DISPUTES

We want to address your concerns without needing a formal legal proceeding. Before filing a claim against Pura, you agree to try to resolve the dispute informally by contacting legal@pura.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Pura may bring a formal proceeding. You and Pura agree that any judicial proceeding to resolve claims relating to these Terms or the Service will be brought in the federal or state courts of Salt Lake County, Utah, unless otherwise required by applicable law of any other jurisdiction. Both you and Pura consent to venue and personal jurisdiction in such courts. These Terms will be governed by Utah law except for its conflicts of laws principles, unless otherwise required by applicable law of any other jurisdiction.

PURA INTELLECTUAL PROPERTY RIGHTS

Except your User Generated Content, to the extent any exists, the content in the Services, including without limitation, the trademarks, copyrights, text, software, graphics, scripts, photos, music, videos, and the like ("Content"), is owned by or licensed to Pura and is subject to trademark, copyright and other intellectual property laws of the United States and foreign countries. Content in the Apps and Services is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Pura , which permission may be withheld in Pura’s sole discretion. Pura reserves all rights not expressly granted in and to the Site, Apps, Software, Services and Content. Pura makes no claim to any third-party names, trademarks or service marks appearing on the Site or Apps or through the Service. Any third-party names, trademarks, and service marks are property of their respective owners.

You shall be solely responsible for any damage resulting from you or an Account authorized or created by you of Pura. or any third party's intellectual property rights regarding the Content and/or any other harm incurred by Pura or its affiliates as a direct or indirect result of you or an Account authorized or created by you for copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Pura respects the intellectual property of others, and we ask our users and visitors to do the same. Pura will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Pura. will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pura the following information. Please be advised that to be effective, the notification must include ALL of the following:

a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located;

your address, telephone number, and email address and all other information reasonably sufficient to permit Pura to contact you;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its 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 behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By Mail:

Pura Scents, Inc.

2100 Pleasant Grove, Blvd., Suite 600

Pleasant Grove, Utah 84062

By Email:

legal@pura.com

MODIFICATION OF TERMS

From time to time, Pura may change these Terms. When we do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing these Terms. Your continued use of the Service following the posting of changes to the Terms indicates your acceptance of those revisions.

VIOLATIONS OF TERMS

In addition to any legal remedies that Pura may have for your violation of these Terms, your failure to follow these Terms, whether listed in these Terms or communicated on or through the Service, may result in suspension or termination of your access to the Service without notice.

NO WAIVER

No failure on the part of Pura to enforce any part of the Terms shall constitute a waiver of any of Pura’s S rights under the Terms whether for part or future actions on the part of any person. Neither the receipt of any funds by Pura. nor the reliance of any person on Pura’s actions shall be deemed to constitute a waiver of any part of the Terms. Only a specific, written waiver signed by an authorized representative of Pura shall have any legal effect whatsoever.

RELATIONSHIP OF THE PARTIES

The contributions provided by you are not to be considered as representative of the views of Pura, Services or any of its subsidiaries or affiliates. In addition, no confidential or other relationship, fiduciary or otherwise, exists between you and Pura. 

ELECTRONIC COMMUNICATIONS

When you use the Service or send emails to us, you are communicating with us electronically. We may in our discretion communicate with you electronically, including but not limited to, by posting notices through the Service or by responding to your email. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

PARAGRAPH HEADINGS

The paragraph headings in these Terms are only for convenience and have no legal effect.

SEVERABILITY

If any section or sections of these Terms are held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, such holding shall not in any way affect the enforceability of the remaining sections.

• Unplug and power off your diffuser prior to cleaning.
• Do not spray anything directly on the diffuser.
• Spray a disinfecting solution on a microfiber cloth first, then wipe the diffuser with the cloth.
• Do not use paper towels in lieu of a microfiber cloth.
• Do not use any harsh chemical cleaners.
• Wipe the outside of the diffuser with a disinfecting wipe or a microfiber cloth sprayed with a cleaning agent.
• Do not use abrasive cleaners.
• Wash your hands or use hand sanitizer after cleaning your diffuser