Last Updated and Effective as of July 28, 2021
Please read these Terms of Service carefully before you start to use www.puristnaturalmedicine.com (the “Website). This Website is owned and operated by Purist Naturopathic Medicine Corp. doing business as Purist Natural Medicine (“PNM”, “Purist” “we,” “our,” or “us”). The terms “you” or “yours” refer to the user of our Website.
You must be eighteen (18) years old and have the legal ability to agree to these Terms of Service; thus, if you are under the age of eighteen (18) or if you do not agree to these Terms of Service, you must not access or use the Website.
ARBITRATION NOTICE: Except for certain types of disputes described in the “Disputes and Arbitration” section below, you agree that all disputes between you and us with regard to these Terms of Service and your use of the Website will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.
There may be times when we offer a service or feature that has its own terms and conditions that apply in addition to these Terms of Service (“Additional Terms”). In those cases, the Additional Terms will control to the extent there is a conflict with these Terms of Service, unless the Additional Terms state otherwise.
Changes to Terms of Service
We reserve our right to change, modify or update these Terms of Service at any time in our sole discretion, in which case we’ll update the Effective Date of the Terms of Service located at the top of this Terms of Service page to reflect the date of the changes. All changes are effective immediately when we post them and apply to all access to and use of the Website and its contents, products and services thereafter. By continuing to use the Website after we post any such changes, you accept and agree to be bound by the Terms of Service as modified, so please check these Terms of Service from time to time to be aware of any modifications.
No Medical Advice – Information on Website for Educational And Informational Purposes Only
THIS WEBSITE HAS BEEN CREATED TO PROVIDE INFORMATION ABOUT OUR HEALTH AND WELLNESS SERVICES AND OFFERS INFORMATION, PRODUCTS AND SERVICES RELATING TO HEALTH, WELLNESS, FITNESS AND NUTRITION; HOWEVER, ANY INFORMATION FOUND ON THIS WEBSITE IS FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS, AND MUST NOT BE UNDERSTOOD OR CONSTRUED AS, MEDICAL OR COUNSELING CARE OR DIETETICS. FOR PURPOSES OF THESE TERMS OF SERVICE, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, NATUROPATHIC MEDICINE, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
WE MAKE NO MEDICAL CLAIMS AS TO THE BENEFITS OF ANY PRODUCTS, SERVICES, OR CONTENT PRESENTED, OFFERED OR REPRESENTED IN ANY WAY AND NO CONTENT IS INTENDED TO PRESCRIBE OR BE TAKEN AS MEDICAL ADVICE.
YOU SHOULD NOT RELY ON INFORMATION ON THIS WEBSITE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL ABOUT YOUR INDIVIDUAL SITUATION. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS WEBSITE. THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
YOU SHOULD ALWAYS CONSULT YOUR PHYSICIAN OR MEDICAL ADVISORS BEFORE TAKING ANY MEDICATION OR NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT, OR USING ANY PRODUCT FOR ANY HEALTH PROBLEM. IN ADDITION, YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED FROM OUR WEBSITES.
USE OF THE INFORMATION PROVIDED ON THE WEBSITE OR USE OF ANY PRODUCTS PURCHASED FROM OUR WEBSITE DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTH PROFESSIONALS AFFILIATED WITH PURIST NATURAL MEDICINE.
INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION, AND THE PRODUCTS SOLD ON THIS WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
WE ARE NOT RESPONSIBLE FOR ANY ADVERSE REACTION YOU MAY HAVE FROM USING THE PRODUCTS OR TO ANY INGREDIENT CONTAINED IN THE PRODUCTS SOLD ON THIS WEBSITE. PLEASE CHECK THE LIST OF INGREDIENTS FOR ANY KNOWN SENSITIVITIES OR ALLERGIES YOU HAVE. IF YOU HAVE A SENSITIVITY OR ALLERGY TO ANY INGREDIENT(S) IDENTIFIED, DO NOT USE THE PRODUCT. WHEN IN DOUBT PLEASE CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.
Purchases from the Website: Orders and Accuracy of Billing and Account Information
Purchase of products and services through the Website are governed by these Terms of Service, and any of our other policies or terms identified in these Terms of Service or presented to you.
Payment is due prior to shipment of products or receiving any services. When you check out you will be required to provide your payment and shipping information. A receipt will be emailed to the email address provided by you.
We reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged (including orders for products or services that are mistakenly listed at an incorrect price). If your credit card already has been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase products and services through the Website for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Subscription Policy: Subscriptions, Automatic Renewal and Cancellations
If you purchase a subscription to a product through our Website, every thirty (30) days you will receive a shipment containing a one month’s supply of the product from us.
Your subscription will continue on a month-to-month basis unless and until you choose to cancel. Your payment method on file will be charged on the same day of the month that you initiated your subscription at our then-current price for such product plus applicable taxes for subsequent months. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription with at least fourteen (14) days prior to your next shipment date.
Your subscription will automatically renew until you cancel. You may cancel your subscription at any time by visiting your account page no later than fourteen (14) calendar days before your next shipment date. if you do not cancel your subscription with at least 14 calendar days before your next shipment date, your payment method on file will be charged and you will receive the next shipment. No further charges or shipments will be made thereafter unless and until you renew your subscription. AGAIN, IF YOU CANCEL AFTER YOUR NEXT SHIPMENT HAS BEEN PREPARED OR SHIPPED YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.
We may use a third party payment vendor (“Authorize.net”) to process your payment of Subscription Fees. You warrant and represent that you are the valid owner or an authorized user, of the credit card or other payment card to such Third Party Payment Vendor, and that all information you provide is accurate.
By purchasing a subscription, you expressly acknowledge and agree that we or our third party payment processor is authorized to automatically charge your payment method on file now, and again at the beginning of any subsequent subscription period, without further notice to you for as long as your subscription continues. You agree that we may either terminate or suspend your subscription for any reason at any time in our sole discretion.
Your right to use the service or a specific product is conditional upon our receipt of payment of the associated fees. If payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating all our obligations hereunder. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.
Suspending or Postponing Delivery of your Subscription
You may suspend or postpone the delivery of your subscription following the instructions on the Website. However, you will not be able to suspend or postpone if we have already started shipping your next package.
Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your subscription, or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
Pricing and Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your subscription, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of products, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth herein prior to shipment.
All of our products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain products, and to substitute products (including, but not limited to, specific ingredients or entire items) without prior notice. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product or service.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the Store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We will collect applicable sales tax on Products shipped to all jurisdictions for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a product for export. All products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such products passes to you upon our delivery of the Product to the third-party courier.
You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door or in your mailbox. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Order is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.
You are not permitted to resell or otherwise use the products for commercial purposes.
Returns and Refunds
If you are dissatisfied with a product for any reason, please contact us at email@example.com. Please see our Return and Refund Policy for more information.
We are not responsible for the validation of the address provided at checkout and will not provide returns, refunds or replacement orders for address errors provided at checkout.
To use certain features of the Website such as our Store, you may need to create an account with a username and password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Intellectual Property Rights
This Website includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. When you access the Website or access or purchase any of its contents, products or services, Purist is granting you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Website and its content, for your own personal, non-commercial use and NOT for your business or commercial use or in any way that earns you money, unless you get written permission from the owner of Purist that you may do so.
This means that when you access the Website or any contents on or available through the Website, you agree that you will only use them for your individual, personal and noncommercial purposes, and you will NOT copy, duplicate, share, republish, reproduce, display, distribute, modify, sell, resell, or otherwise use any material from or portion of this Website for any commercial purposes or any other purpose without express written permission from Purist Natural Medicine. Any reproduction or unauthorized use of any materials found on this Website shall constitute infringement and theft and could result in criminal or civil penalties.
You agree and understand that you do NOT acquire any ownership rights in the Website content by your use of the Website or its content, and we do not grant you any licenses, express or implied, to the intellectual property of Purist Natural Medicine or our licensors, as applicable, unless expressly authorized. Furthermore, you agree and understand that you are not permitted to delete or alter any proprietary rights or attribution notices on or in the Website or any of its contents, products or services such as the copyright notice © or trademark notice such as TM or ®.
Any trademarks, taglines, and logos displayed on the Website are trademarks belonging to Purist Natural Medicine. Any trademarks reproduced on this Website, which are not the property of, or are licensed to Purist Natural Medicine, are the property of their respective owners. Any use, including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without Purist Natural Medicine’s express written consent.
Materials Provide by You to the Website and Your Use of Communication Services
Please choose carefully the materials that you upload to, submit to, or embed on this Website. Any material you post on this Website becomes public. Always use caution when giving out any personally identifying information about yourself in any Communication Service. You are responsible for your material and for any liability that may result from the material you post on this Website. You participate, comment, and post material on this Website or any social media sites of Purist Natural Medicine at your own risk.
You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service, and you agree to post comments or other material only one time. Any communication by you on this Website and its Communication Services, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.
Purist Natural Medicine has no obligation to monitor the posts, comments, or materials submitted on Communication Services or to enforce any intellectual property rights you may have in the material you post. However, Purist Natural Medicine, in its sole discretion, may delete or modify, in whole or part, any post, comment or submission to this Website. Purist Natural Medicine neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this Website Purist Natural Medicine shall not be responsible or liable for any loss or damage caused by your use of any Communication Services or third-party posts, comments, or materials on this Website.
We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. And we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
No Unlawful or Prohibited Use or Conduct
You agree that you will not use the Website in any way that causes or is likely to cause the Website or its contents, or access to them, to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website.
As a condition of your use of the Website and its contents, you agree to use the Website and its contents only for lawful, legitimate, non-commercial purposes and that you will NOT use the Website its contents for any purpose that is illegal, false, fraudulent or prohibited by these Terms of Service. You agree that you will NOT use and understand that you are strictly forbidden from using the Website or its contents in any of the following ways:
- In any manner that could damage, disable, overburden, or impair the Website or its contents or interfere with any other party’s use and enjoyment of the Website, its contents;
- To conduct or carry out any unlawful, illegal, fraudulent or harmful activity or conduct activity with any such purpose;
- To send any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others;
- To send, negatively impact, or infect our Website or its contents with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware;
- To send or infect our Website or its with software viruses or any other similar computer code designed to commercially solicit, or send chain letters, mass mailings or any spam, whether intended or not;
- To cause annoyance, inconvenience, anxiety, or fear;
- To impersonate any third party or otherwise mislead as to the origin of your contributions;
- To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website or its contents to you.
- To transmit, send or deliver unsolicited communications or for other marketing or advertising purposes.
- To systematically or automatically collect data from this Website.
Purist Natural Medicine may, without notice, refuse access to its Website, in whole or part, to any person that fails to comply with these Terms of Service.
Email And Other Electronic Communications
Links to Third-Party Websites, Services or Social Media
The Website may contain links to third-party websites such as the online supplement dispensary retailers like Fullscript or social media sites (“Linked Websites”). The Linked Websites are not under the control of Purist Natural Medicine and Purist Natural Medicine is not responsible or liable for any content of any Linked Website, including without limitation any link contained in a Linked Website or actions taken by the Linked Websites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) or social media sites that you may find of interest. While Purist Natural Medicine only provides Linked Websites that it believes in and trusts, the inclusion of any link does not imply endorsement by Purist Natural Medicine of the views, opinions, facts, advice or statements in such Linked Websites or any association with its operators. Although Purist Natural Medicine may provide these links, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. Purist Natural Medicine has no control over the contents, actions or functionality of the Linked Websites and is not responsible for any loss, damage, or otherwise that may arise from your use of any Linked Website. It is your responsibility to review the terms and conditions and privacy policies of the Linked Websites to confirm that you understand and agree with those policies. Likewise, if our Website is linked or referenced in someone else’s website or social media, we are not liable for any information provided on or through their website or social media as it is not under our control in any way whatsoever.
You agree that Purist Natural Medicine has not made any guarantees about the results of taking any action, whether recommended on or in this Website or not. This Website provides educational and informational resources that are intended to help users of this Website succeed in health or otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Purist Natural Medicine and any individuals associated with Purist Natural Medicine.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether patients of Purist Natural Medicine or otherwise – applying the principles set out in this Website, its contents, products and/or services are no guarantee that you or any other person or entity will be able to obtain similar results.
At various places on this Website you may find testimonials from clients, patients and customers of services or products offered on or in this Website or by Purist Natural Medicine. The testimonials are actual statements made by clients, patients and/or customers of Purist Natural Medicine and have been truthfully conveyed on or in this Website.
Although these testimonials are truthful statements by real people (not actors), they do not guarantee or promise in any way that you might achieve the same outcome as each situation varies. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using the Website or other services of Purist Natural Medicine.
User’s Personal Responsibility and Assumption of Risk
We have done our best to ensure that the Website and its contents are accurate and provide valuable information, but we cannot guarantee the accuracy of such information. Neither Purist Natural Medicine nor any of its owners, officers, directors, employees, or contractors are responsible for any errors or omissions on or in this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By accessing this Website and its contents in any way you accept personal responsibility for the results of your actions. Purist Natural Medicine is not responsible for your personal actions or choices before, during or after use of our Website. Notwithstanding any limitations by law, your use, misuse or non-use of any information on this Website is at your own risk, and you agree to take full responsibility for any harm or damage you suffer as a result of your use, misuse or non-use, of the information available on or in this Website and to absolve Purist Natural Medicine of any liability or loss that you, your business, or your family, children or heirs (if applicable) or any other person, may incur.
Additionally, you acknowledge that when making your own decisions and taking any actions or implementing anything suggested on this Website, which is all information and education, you are using your own judgment and conducting your own due diligence and assessment of risk, and you are voluntarily making those decisions with the full awareness that there may be risk involved.
Termination and Access Restriction
Purist Natural Medicine reserves the right, in its sole discretion, to refuse or terminate your access to the Website, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you in these Terms of Service with respect to the Website will still apply even after such termination.
Disclaimers; No Warranties
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION, AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS, AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE WEBSITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR WEBSITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE WEBSITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS, AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES.
THE WEBSITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE WEBSITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
ALL PRODUCTS AND THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PURIST NATURAL MEDICINE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE, CONTENT AND PRODUCTS.
PURIST NATURAL MEDICINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS OF OUR WEBSITE AND ITS CONTENTS FOR ANY PURPOSE.
PURIST NATURAL MEDICINE MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE, ITS CONTENTS, ITS PRODUCTS OR ITS SERVICES. FURTHERMORE, PURIST NATURAL MEDICINE MAKES NO WARRANTIES THAT THE WEBSITE OR ANY OF ITS CONTENT, PRODUCTS, SERVICES OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, ITS CONTENT, ITS PRODUCTS AND ITS SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE WEBSITE, ITS CONTENTS AND ITS SERVICES ARE CONTINUALLY UNDER DEVELOPMENT. PURIST NATURAL MEDICINE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE, ITS CONTENTS, PRODUCTS AND ITS SERVICES AT ANY TIME.
WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT AND TO MODIFY, SUSPEND, OR STOP PROVIDING ACCESS TO THE WEBSITE (OR ANY FEATURES OR FUNCTIONALITY OF THE WEBSITE) AND THE PRODUCTS AT ANY TIME WITHOUT NOTICE AND WITHOUT OBLIGATION OR LIABILITY TO YOU. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, VENDOR, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY US.
Limitation of Liability; Release
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL PURIST NATURAL MEDICINE , ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EQUITABLE OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ITS CONTENTS OR ANY WEBSITE OR CONTENT LINKED FROM THIS WEBSITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORIES, EVEN IF PURIST NATURAL MEDICINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) FOR CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT, OR USE OF PRODUCTS PURCHASED FROM PURIST NATURAL MEDICINE , IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PURIST NATURAL MEDICINE , ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS (JOINTLY) EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) FOR CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO ACCESS OR USE OF THE WEBSITE OR CONTENT, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PURIST NATURAL MEDICINE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS (JOINTLY) EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE PURIST NATURAL MEDICINE , AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PURIST NATURAL MEDICINE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES AND SUPPLIERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE PURIST NATURAL MEDICINE, AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR SUPPLIERS FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ACCESS TO THE CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES OFFERED BY AND/OR THROUGH THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF PURIST NATURAL MEDICINE SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This Website (excluding any linked sites) is controlled by Purist Natural Medicine from its offices within the State of California, United States of America. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Website, Purist Natural Medicine and you both agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to the use of this Website.
Disputes and Arbitration
Any dispute you have with us should be submitted to firstname.lastname@example.org within thirty days of the event giving rise to the dispute. Except for disputes relating to the infringement of your or our intellectual property (such as trademarks, trade dress, copyright and patents) or where you or we are seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to these Terms of Service, your use of the Website or your purchase of any of our products, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.
This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent with the Federal Arbitration Act, California law. The arbitration will be conducted in San Luis Obispo County, California, in English by three arbitrators appointed in accordance with the American Arbitration Association’s rules. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.
THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE TERMS AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OR THE TERMINATION OF THESE TERMS. THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE, SHALL NOT APPLY.
You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in San Luis Obispo County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
In any action to enforce these terms, the prevailing party will be entitled to attorneys’ fees and costs. Any cause of action brought by you against Purist Natural Medicine or its affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
If any provision of these Terms of Service if held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or during an arbitration per the arbitration terms above, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. We reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with us.
The Website is controlled, operated and administered by Purist Natural Medicine from our office in California in the United States. Purist Natural Medicine does not represent that the materials on this Website are appropriate or available for use in other locations. If you access the Website from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Website and its contents in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to defend, indemnify and hold harmless Purist Natural Medicine and its owners, officers, directors, employees, contractors, affiliates and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of this Website in violation of these Terms of Service, (ii) any breach by you of these Terms of Service or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to this Website, (iv) your use of materials or features available on this Website (except to the extent a claim is based upon infringement of a third-party right by materials created by Purist Natural Medicine or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. Purist Natural Medicine reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Purist Natural Medicine in asserting any available defenses.
Any failure by Purist Natural Medicine to enforce or exercise any provision of these Terms of Service shall not constitute a waiver of that right or provision and shall not be construed as a waiver of any subsequent breach by you.
Purist Natural Medicine believes in honesty. As noted on the Website, we may receive a commission if you purchase products from our online supplement dispensary retailer Fullscript. If we link to or offer any other content, products or services for which we receive a commission, we will provide an applicable disclosure near such link or offer content.
As a policy, Purist Natural Medicine will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. Even though we may receive compensation, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. With respect to Fullscript specifically, we choose to provide this service so that we know you are receiving the highest quality products that are not contaminated and contain therapeutic levels of the ingredients they are supposed to contain from manufacturers who have gained our confidence through considerable research and experience.
While we are committed to only affiliating with products and services that we believe will provide value, we make no warranties, guarantees, or representations as to the effectiveness or safety of said products or services or to statements of such third parties. As a visitor of the Website, you recognize that it remains your personal responsibility to investigate whether any such products or services are right for your personal circumstances and whether they will benefit you. You will not rely on any recommendation, reference, or information provided by us on this Website but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the product or service. Any product claim, statistic, quote or other representation about a product or service may have been provided to Purist Natural Medicine by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.
If you have any questions about these Terms of Service, please contact us at email@example.com.