TERMS & CONDITIONS
All sales (past, present and future) are final and subject to the Terms & Conditions within. No exceptions will be made.
This Terms & Conditions (the “Agreement”) is made effective as of between PureCore NC LLC (the "Consultant") and any persons or companies that conduct any business (the "Company") WHEREAS, Company requests Consultant to perform services for it and may request Consultant to perform other services in the future; and
WHEREAS, the Company and Consultant desire to enter into an agreement, which will define respective rights and duties as to all services to be performed; NOW, THEREFORE, in consideration of covenants and agreements contained herein, the parties hereto agree as follows:
General Conditions
(a) Entire Agreement. These Terms & Conditions will represent as an Agreement between the two parties. This Agreement constitutes the entire agreement between the parties, and supersedes all prior agreements, representations and understandings of the parties, written or oral.
(b) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
(c) Amendment. This Agreement may be amended at any time by the Consultant only.
(d) Liability. Company agrees that it will never institute any action or suit at law or in equity against covenantee, nor institute, prosecute or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, costs, loss of services, expenses, or compensation for or on account of any damage, loss or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present or future, arising out of any action or non-action by both parties. This section will override all other language presented within this contract that may be conflicting with this section.
(d) Notices. All notices permitted or required under this Agreement shall be in writing and shall be delivered in person, electronically, or mailed by first class, registered or certified mail, postage prepaid, to the address of the party. Such notice shall be deemed to have been given upon receipt.
(e) Assignment. The Company, with or without the consent of the Consultant shall not assign this Agreement.
(f) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws rules.
(g) Media Agreement. At no time (past, present and future) will the Company post, comment or review, verbally or through any electronic means or media, any negative, disgruntled, dissatisfied remarks or any non-positive verbiage on all social media platforms including but not limited to Google, Bing, BBB. Any such action, determined solely by the Consultant, will be deemed as an attempt of Defamation of Character upon the Consultant and/or its services. The Company agrees that if such a violation occurs, an immediate Media Agreement Violation fee of $5,000 shall be paid within 5 business days and all posts, comments or reviews be removed immediately. If Company fails to pay the fee, the Consultant will pursue legal action in which the Company agrees to pay all court fees, the Media Agreement Violation fee and 10 additional hours at the current rate of the Consultant to cover time required for legal action. Only the Consultant shall hold the right to waive any fees within at its discretion.
No Waiver of Rights.
A failure or delay in exercising any right, power or privilege in respect of this Terms & Conditions will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
Termination
(a) Notice of Termination. The Consultant shall have the right to terminate this Agreement immediately in the event that the Company fails to meet any conditions it deems necessary at any time for work or subscription services.
(b) Payment Upon Termination. The Company will pay Consultant for all Services performed by Consultant through the date of termination.
(c) Subscription Termination. The Consultant shall reserve all rights to cancel any subscription at any time for any reason. No refunds or pro-rated refunds will be given upon termination.