Terms of Service
Last updated on November 10th, 2020
This Site is not intended for anyone under the age of 18. If you are not at least 18 years old, do not use this Website. By using this Site, you are representing to us that your use of this Site, and any purchases you make through this Site, are made by you, as an adult, with full authority to contract with us.
Accessing this Website and Account Security. We reserve the right to withdraw or amend any material we provide on this Website in our sole discretion. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to users, including any registered users.
Disclaimer. Note, that none of the content on this Site and/or any PureCare products (whether featured on the Site or otherwise) are intended to impart general health and wellness information and/or education and should not be considered a substitute for professional or medical advice or treatment or a reason to delay seeking such advice or treatment. Neither PureCare nor its personnel are licensed by any governmental authority and do not offer to, or engage in, the practice of medicine or any other licensed health care profession. PureCare does not diagnose, treat, operate or prescribe for any human disease, pain, injury, deformity or physical or mental condition and does not offer or undertake by any means or methods to diagnose, treat, prevent, operate or prescribe for any human disease, pain, injury deformity or physical or mental condition. Should you wish to have any such services, please contact an appropriate licensed or other professional. Nothing on this Site is intended to recommend or endorse any particular medical products, professionals, or course of treatment. Any statements made on this Site have not been evaluated by any governmental authority unless otherwise specifically noted.
Use of Your Account. You are responsible for all activity from your account or the use your credentials, whether through this Site or otherwise. You are responsible for purchases through your account, and for your failure to properly secure your credentials.
Use of Our Website. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or any other tool or malicious code that would disrupt our Website or try to compromise other users and other accounts. You agree that you will not use any means with respect to the Website including any automatic or electronic means, to obtain or access any information, data or materials provided by any other users.
User Content; User Conduct
We do not claim ownership of any content that you submit to PureCare in any manner and through any means whatsoever through the Site. However, with respect to all such content, including, without limitation, writings, postings, artwork, photographs, designs, graphics, images, material or other submissions posted to the Site or any social media account which PureCare operates (collectively, "User Content"), you grant to us, our affiliates, and other users on the Site, the worldwide, perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from and exploit such User Content in any manner, including on the Site or social media or in any other manner or medium now known or later developed, without your consent. No User Content, regardless of how it may be marked, will be received by us in confidence, nor shall it be subject to any express or implied obligation of confidentially.
Please be aware that generally any information including, without limitation, User Content that you post to the Site may be accessible by other users of the Site. Please be sure that any such information is information that you are comfortable sharing with the public.
Additionally, you hereby acknowledge and agree that you:
- Own or otherwise control all of the rights to any User Content that you post, and that the public posting and other public or private use of such User Content will not infringe the rights of any third party. You also acknowledge that you are not entitled now, or in the future, to any compensation for any User Content you may post, and you waive the benefits of any provisions of law known as "droit moral" (moral rights) or any similar laws.
- You are solely responsible for your actions and interactions with others on the Site, and any User Content that you post.
- You will not post or transmit to us any User Content that:
- is defamatory, abusive, profane, threatening, harassing, offensive, libelous, obscene, pornographic, invasive of privacy or publicity rights, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on the Site. Unauthorized collection and/or use of email addresses via the Site is also not allowed.
- is protected by copyright without the express permission of the copyright owner. By posting or transmitting such User Content, you warrant and represent that you either own the User Content that you post, and the copyrights with respect to such User Content, or have received express permission from the copyright owner to post the User Content. You also represent and warrant that you have obtained the appropriate permissions from any and all individuals appearing in any photographs permitting you to post such photographs.
- contains a virus or any other harmful components. You will not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You will not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities; and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use our Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site.
- User Content should not be posted or transmitted to us if it encourages or facilitates Site users to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another's business, or other conduct intended to illegally restrict free trade.
While you may submit or post User Content, this Website is owned by us, and we reserve the right to remove posts at any time. Further, we may not post any User Content that you submit to us.
We monitor the Site for inappropriate User Content. In the event that any inappropriate User Content is brought to PureCare’s attention we will take all appropriate action. You agree that PureCare has the right (but not the obligation) at any time, and in its sole discretion, to access, remove, edit, move, restrict access to or close, in whole or in part, any User Content posted on the Site in its sole discretion and without notice or compensation to you. Without limiting the foregoing, PureCare shall have the right to remove, edit, move, restrict access to or close, in whole or in part, any User Content that violates this Agreement, or any User Content that PureCare believes is otherwise objectionable.
We reserve the right to terminate access to any user who does not abide by this Agreement. Your privilege to use or access the Site may be terminated by PureCare immediately and without notice if you fail to comply with any provision of this Agreement, or otherwise. Upon such termination, you must immediately cease accessing or using the Site. Furthermore, you acknowledge that PureCare reserves the right to take action – technical, legal or otherwise – to block or deny you from accessing the Site. You understand that PureCare may exercise this right in its sole discretion.
Third Party Content on the Site
We are a distributor and not a publisher of the content supplied by third parties or other users on the Site, including without limitation, any User Content (collectively, the “Third Party Content”). The Third Party Content available through the Site represents the opinions and judgments of the respective party, whether or not under contract with us. We neither endorse nor are we responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Site by anyone other than one of our authorized personnel or employees. Under no circumstances shall we, or our affiliates or our or our affiliates’ officers, directors, members, managers, employees, personnel, agents, representatives, information providers, subcontractors or licensors, be liable for any loss or damage caused by your reliance on any Third Party Content or other information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other Third Party Content available through the Site, and use of and reliance on same is solely at your own risk.
PureCare’s Rights to Disclose and Share User Content, etc.
Your Shopping Cart
When you shop on our Site, you can use a shopping cart to keep track of the items you have selected until you are done shopping. You will be able to review and confirm your choices, your shipping address, and how you are paying for your items.
- Pricing and Product Errors/Corrections: We endeavor to present current, accurate, and reliable information regarding our Products. However, on occasion, this Site may contain typographical errors, inaccuracies, or omissions that may be with regard to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct errors or to update Product information at any time without prior notice. If a Product is listed at an incorrect price due to an error on this Site, to the fullest extent allowed by law, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. Further, to the fullest extent allowed by law, we reserve the right to refuse or cancel any such orders, regardless of whether the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is then cancelled, we will issue a credit to your original method of payment for the amount of the incorrect price.
Not for Resale. You are expressly prohibited from using this Site to purchase any Product for purposes of resale by you or any other person, and we expressly disclaim all warranty for claims for damages or otherwise, including all indirect or consequential damages resulting from your intent to, attempt to, or actual resell any Product purchased from the Website.
Order Issues. If there is problem with the information you give us when you check out, we will try to reach you through the contact information you provided.
Fraud. If there is any concern about fraud or your credit or other means of payment, we will let you know if we are allowed by law. We may be required by law to first report the issue to law enforcement officials. We user third party providers to assist us in our fraud monitoring and prevention efforts.
Payment Promise. When you check out, and put in your payment information, you promise, represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes that could impact your order, your account or your payment.
Cancelling or Returning Products. Please see our return and cancellation policy by clicking here: https://purecare.com/pages/returns
Limited Product Warranty. We offer a limited warranty with our products. Please see more information about product warranties where products appear on our Website.
Prices and Taxes. We may change the prices of our products from time to time. Different locations require us to charge and collect sales tax at the time of check out. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
Shipping Choices and Costs. When you check out, you will select your means and timing of shipment.
You may choose to submit to us comments or suggestions about the Site and our products. By submitting a comment or suggestion, you understand and agree that we have the unlimited right to use those comments or suggestions for any purpose, without any compensation or attribution to you.
Infringement Policy. PureCare, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your right to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. PureCare accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), PureCare has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to PureCare in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement, as follows:
1402 S. 40th Ave.
Phoenix, AZ 85009
Chief Operating Officer
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
- Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Disclaimers and Limitation of Liability THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXREPSSLY STATED HEREIN, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PURECARE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THIS WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL PURECARE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURECARE AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS AND EMPLOYEES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT, MATERIALS, DATA OR INFORMATION; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, INFORMATION OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT, DATA OR INFORMATION POSTED, UPLOADED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE CLAIM OR ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PURECARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Arbitration; No Class Action. To the fullest extent allowed by law, neither you nor we will seek to have a dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Further, to the fullest extent allowed by law, no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
If you or we have a dispute with the other or this Website or our Agreement, notice must first be sent to the other party, including:
- name, address, and contact information of the party giving the notice
- the facts that are the basis of the dispute
- the remedy sought (e.g. a refund).
For notices to us regarding a dispute, they must be emailed to: firstname.lastname@example.org with a copy mailed to PureCare, 1402 S. 40th Ave Phoenix, AZ 85009.
If we have a claim against you, we will notify you by the contact information you have provided to us.
We and you will then use good faith efforts to resolve through informal negotiations the dispute. If, despite these good faith efforts, we cannot reach an agreed resolution within 60 days, then, you or we may commence an arbitration proceeding. Arbitration will be conducted in Essex County, New Jersey, or if you and we agree remotely.
Arbitration will be administered by one arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Your Comments and Concerns. This web site is owned and managed by PureCare. All feedback, comments, requests for technical support and other communications relating to this Website or our products can be sent to us at: email@example.com.