Last updated August 15, 2018
Welcome to thepurecompany.com. These Terms of Service (these “Terms”) form a binding legal agreement that governs your use of thepurecompany.com and the products and services provided to you through the website by The Pure Company Global, LLC dba The Pure Company (“The Pure Company,” “we,” “us,” or “our”). By visiting thepurecompany.com or any of our associated websites or mobile apps (collectively, our “Sites”) or by ordering any of our products or services, you are accepting these Terms. If you do not agree to these Terms, you must discontinue use of the Sites and refrain from ordering any products.
MODIFICATIONS AND TERMINATION
We may modify these Terms from time to time in our sole discretion. Any modifications to these Terms will be posted on the Sites. By continuing to use the Sites after a new version of these Terms has been posted, you consent to the changes and agree to comply with the then-posted version of these Terms. We encourage you to periodically review these Terms.
All content included in or made available through this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, “Content”) is the property of The Pure Company or its content suppliers and protected by United States copyright, trademark, and other intellectual property laws. The Content is intended solely for our visitors’ personal, noncommercial use. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through The Pure Company are trademarks of The Pure Company. Other trademarks not owned or licensed by The Pure Company that appear on this Site are the property of their respective owners. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.
You may not: (i) remove any trademarks, copyright notices, or any other notice contained in any Content; (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works based upon, publicly display or perform, or in any way exploit any Content; (iii) frame or utilize framing techniques to enclose any Content; (iv) disassemble, decompile or reverse engineer any of the Content; (v) attempt to hack any portion of the Site, or to defeat or overcome any encryption technology or security measures implemented by us; (vi) interfere with or disrupt the operation of the Site or the servers or networks connected to, or operated in connection with, the Site; (vii) violate any applicable local, state, national or international law; (viii) make any request to transactional servers more than once during any three-second interval; (ix) purchase any products through the Site (“Products”) for any commercial purpose including resale; (x) provide any inaccurate, misleading, or fraudulent information through or in connection to the Site; or (xi) post or submit any unlawful, infringing, offensive, threatening, harassing, libelous, defamatory, pornographic, obscene or otherwise objectionable material via the Site. If we determine you have acted inappropriately, and/or are in violation of these Terms, we may terminate your account, suspend your access to the Site, and take any other legal actions that may be required, desirable or necessary. By using this Site, you agree to indemnify and hold The Pure Company and its officers, directors, agents, affiliates, subsidiaries, joint ventures, and employees (collectively, “Personnel”) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms or any activity related to your use of this Site (including negligent or wrongful conduct).
CONTENT POSTED BY YOU AND OTHER USERS
The Pure Company strives to create an interactive relationship with the users of its Site. This Site may allow users to post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information (collectively, “User Content”). If you do post or submit any User Content, you grant The Pure Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such User Content in any media. You also grant The Pure Company, and any assignees, the right to use the name you submit with such User Content, if we choose. You represent and warrant that you own all of the rights to the User Content that you post; that the User Content is accurate; and that the User Content you supply does not violate these Terms or any law and will not cause injury to any person or entity. You will indemnify The Pure Company and its Personnel for all claims resulting from User Content you supply. The Pure Company reserves the right (but not the obligation) to remove or edit any User Content you post. The Pure Company takes no responsibility and assumes no liability for any User Content posted by you or any other user or third party.
SOCIAL NETWORKS AND OTHER THIRD PARTY LINKS
The Site may include features that operate in conjunction with certain third party social networking and other websites that you visit such as Facebook, Pinterest, Instagram, YouTube, and Twitter. While your use of the Social Network Features on the Site is governed by these Terms, your access and use of third party social networking websites themselves is governed by the terms of service and other agreements posted on those websites. You are responsible for ensuring that your use of those website complies with any applicable terms of service or other agreements.
Additionally, the Site may contain links to third party websites (“External Sites”). We provide these links as a convenience, but we do not control or operate External Sites and we do not endorse the contents of any External Site. We are not liable for any information, products, advertisements, content, services or software accessible through any External Sites. You visit any External Sites at your own risk, and you hereby fully release us and our affiliates from any damages or losses alleged to be caused by your use of or reliance on any External Site or any content, products, services or other materials available therein. External Sites are subject to website and privacy policies that we do not control; please review such policies closely before using any External Site.
PRODUCT DESCRIPTIONS, PRICING POLICY AND RISK OF LOSS
The Pure Company is committed to providing our customers with great quality products and the best possible prices. Our products are sold online only and may have limited availability. We do our best to be as accurate as possible. However, The Pure Company does not warrant that the product descriptions or other Content is accurate, complete, reliable, current, or error-free. Please be aware that variations in style, color, size, shape and look may occur. If a product offered by The Pure Company itself is not as described, your sole remedy is to return it in unused condition. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. All purchases of physical items from The Pure Company are made pursuant to a shipment contract. In some cases, this means that the risk of loss and title for such items may pass to you upon our delivery to the carrier. For more information on orders, shipping, returns, and other topics, please visit our FAQs page at https://www.thepurecompany.com/pages/support.
By subscribing to our emails, you are authorizing The Pure Company to communicate with you via email. We may not require you to be a Registered User to enroll in the email subscription. If you subscribe, The Pure Company may send you promotional information, such as, but not limited to, information about our products and services, special offers and sales events You may unsubscribe from our email service by clicking “Unsubscribe” on any marketing email you receive from us, or by contacting us at support@ThePureCompany.com
From time to time, The Pure Company may also provide opportunities to subscribe to regularly scheduled deliveries of certain The Pure Company products and services (such as filters). You will select the quantity and available schedule that works for you. There are no commitments, obligations or fees and you can cancel subscriptions by logging into your account or by contacting us at 800-572-6228 or support@ThePureCompany.com. You must contact us at least (5) business days prior to your scheduled shipment date to cancel your next delivery. If we do not receive your cancellation by such time, the upcoming order will be delivered and charged and your cancellation will take effect after such delivery. Some of offer details and product pricing, may change as you receive deliveries over time (for example, product price, taxes, availability, shipping charges). We may terminate subscription services at any time without notice. If we do so, you will only be charged for orders that have been shipped to you. Other details may apply – see specific order terms for other applicable details.
You represent and warrant that any information you provide, including payment information, is complete and accurate and that you have the right to provide such information to us for the purposes of placing your order. We use a third-party payment processor to facilitate online purchases. Once a Product has shipped, it is non-refundable except as set forth in our returns policies. Prices offered on the Site are quoted in U.S. Dollars, unless otherwise specified. Such prices do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order.
DISCLAIMER OF WARRANTIES
THE PURE COMPANY AND ALL CONTENT AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY THE PURE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE PURE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING AS TO THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. YOU EXPRESSLY AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK.
CERTAIN OF OUR PRODUCTS COME WITH A LIMITED WARRANTY. THE LIMITED WARRANTY, IF ANY, WILL BE OUTLINED IN THE SPECIFIC PRODUCT’S WRITTEN WARRANTY INCLUDED AS PART OF THE PRODUCT’S MANUAL. PRODUCT MANUALS CAN BE FOUND HERE https://www.thepurecompany.com/pages/product-support.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR OUR SUPPLIERS OR AFFILIATES, BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE SITE, CONTENT, OR ANY PRODUCTS MADE OR SOLD BY OR ON BEHALF OF SUCH ENTITIES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY OF THE DAMAGES ABOVE CANNOT BE EXCLUDED UNDER APPLICABLE LAW, IN NO EVENT WILL OUR, OR OUR SUPPLIERS’ OR AFFILIATES’, TOTAL LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO US FOR ANY PRODUCTS YOU PURCHASED. IN THE EVENT OF ANY PROBLEMS REGARDING ANY PRODUCTS PURCHASED BY YOU FROM US, YOU AGREE THAT YOUR EXCLUSIVE REMEDY AND OUR SOLE OBLIGATION WILL BE AS SET FORTH IN OUR RETURN POLICIES, SUBJECT TO ANY ADDITIONAL TERMS SET FORTH THEREIN.
You agree that any dispute or claim arising out of your use of the Site or any products or services sold or available to you on this Site, including any dispute or claim as to the application, enforceability, scope, or interpretation of these Terms, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to The Pure Company pursuant to the AAA rules. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and The Pure Company.
These Terms and any agreements or policies referenced herein constitute the entire agreement between the parties regarding the subject matter thereof and supersede any prior or contemporaneous agreements with regards to such subject matter. A party’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void or unenforceable, that provision will be severed from these Terms and the validity and enforceability of the remainder of these Terms will be unaffected.
If you have any questions about the Site, our Products, or these Terms, please contact us at:
or write to us at:
The Pure Company Global, LLC
300 East Valley Drive
Bristol, Virginia 24201