Terms of Use

PureCare, LLC
Website Terms of Use
Effective as of March 30, 2017

Welcome to the www.purecare.com website (the “Site”). These Terms of Use ("Terms of Use" or "Agreement") shall serve as an agreement that sets forth the terms and conditions that will govern your use of the Site offered by PureCare, LLC. ("PureCare," "we," "us" or "our").

Binding Agreement
By accessing all or any part of this Site, or the services offered on the Site, you agree to be bound by these Terms of Use and the Privacy Policy posted on this Site.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY YOU SHOULD NOT ACCESS OR VIEW THIS SITE.  

Use Prohibited by Users Under 18
THIS SITE IS INTENDED ONLY FOR USERS THAT ARE AT LEAST 18 YEARS OLD AND BY ACCESSING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD.

Use of the Site by Residents Outside of the United States
We make no representations that content and materials (licensed or otherwise) on the Site are legal or appropriate for use from outside the United States nor do we represent that our Privacy Policy is consistent with requirements outside the United States. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.  

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.

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 (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 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 to the Site, 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 to the Site, 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 to the Site.
  • You will not post 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.
  • You will not post any User Content 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 to the Site, and the copyrights with respect to such User Content, or have received express permission from the copyright owner to post to the Site 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 on the Site.
  • You will not post any User Content containing 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.
  • You will comply with all laws that apply or may apply to your use of or activities on the Site and any rules for conduct on the Site or use of specific features and/or services offered hereon that may be posted on the Site, whether in these Terms of Use or otherwise, from time to time.

Site User Suggestions
You acknowledge and agree that any suggestions, comments, ideas, feedback, recommendations, notes, drawings, concepts, prototypes or other information disclosed or submitted to us by you through the Site, or in response to solicitations from us to you on the Site, and any intellectual property associated therewith, including without limitation, any any patents, copyrights or trademarks, are owned by PureCare (collectively, “User Suggestions”). 

You hereby assign all right, title and interest in and to the User Suggestions to PureCare without any compensation to you. PureCare shall at all times have the right to use, distribute and publish the User Suggestions worldwide, in perpetuity and through any manner or means, now known or later developed as PureCare may determine. No User Suggestions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentially.

Monitoring
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
We may disclose any of your User Content, User Suggestions, submissions, or electronic communications of any kind and any information you provide to us or our affiliates through the Site (i) to Women’s Choice Award so that it may contact you to complete questionnaires and/or surveys which may provide us with an opportunity to continue to be nominated for the Women’s Choice Award (see our Privacy Policy and the Site for more information about our nomination and receipt of the Women’s Choice Award); (ii) when we believe disclosure to be appropriate to comply with any law, regulation, or government or law enforcement request or to comply with judicial process; (iii) if such disclosure is necessary or appropriate to operate the Site; or (iv) to protect our rights or property, other users of the Site, and/or our affiliates. For more information on how we protect and use your personally-identifiable information in connection with the Site, please see our Privacy Policy at: /privacy-policy

Copyright and Trademarks

©2017 PureCare, LLC. ALL RIGHTS RESERVED.  Text, User Content, User Suggestions, graphics and HTML code are protected by U.S. and international copyright laws, where applicable.

Text, images, graphics and HTML code are protected by U.S. and international copyright laws. 

PURECARE, and all trademarks, service marks, logos, trade dress and trade names (collectively, the "Marks"), including but not limited to those Marks displayed or used on the Site, whether or not in large print or with the trademark symbol, are registered or common law trademarks of PureCare, and are protected under federal and international trademark laws. Nothing contained on the Site or in these Terms of Use grants you any right to use, misuse, copy, reproduce, download, transmit, modify or distribute any of the Marks without the prior written permission of PureCare or that of the respective owner(s). PureCare reserves the right to protect its Marks to the fullest extent of the law if prior written permission is not obtained. Nothing contained in the Site or this Terms of Use grants any right to use any of the Marks without our prior written permission or that of the respective owner(s).

Moreover, our Marks may not be used in connection with any product or service in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us. All other trademarks, service marks, logos, trade dress and trade names not owned by us that appear on this Site are the property of their respective owner(s), who may or may not be affiliated with, connected to, or sponsored by us.

All information, content, and data including, without limitation, Marks, designs, photographs,  text, graphics and pictures, and their format, arrangement and selection (collectively, the Site Content”) on the Site is owned by PureCare and its third party providers, with all rights reserved. PuerCare and its third party providers retain all copyright, intellectual property rights and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted or distributed without entering into an agreement with PureCare or obtaining PureCare’s express written permission. Any use of any Site Content or the materials on the Site may violate copyright, trademark and other laws.  You may not republish or distribute in any manner the Site Content on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation or any database.

Licenses and Permissions 
Notwithstanding the foregoing Section, we grant you a limited license and permission to access and make personal use of the Site but not to download any portion of it for any commercial purpose or to modify any portion of the Site.  Except as explicitly provided in these Terms of Use, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of the Site for any commercial purpose. You may display and occasionally print a single copy of pages of the Site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Site without our prior written or e-mailed consent, which may be withheld in our sole discretion.  

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:

Sean Bergman
Chief Marketing Officer

PureCare, LLC
11 Stewart Place
Fairfield, NJ 07004 

Phone: 1-800-758-8563
Fax: 973-571-0177
Email: sbergman@fabrictech.com

 

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:

    1. 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.
    2. 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.
    3. 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.
    4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
    5. 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.
    6. 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.

 

Disclaimer of Warranties and Limitation of Liability
THE SITE, THE user content AND THE SITE CONTENT ARE PROVIDED “as is” AND CARRIES NO WARRANTIES OF ANY KIND. you expressly acknowledge and agree that use of our site, the user content and the site content is at your sole risk. YOU ALSO ACKNOWLEDGE AND AGREE THAT PURECARE IS NOT RESPONSIBLE FOR, NOR DOES IT CONTROL, ENDORSE OR VERIFY, ANY CONTENT POSTED TO THE SITE.

PURECARE makes no representations or warranties as to the accuracy, RELIABILITY completeness, USEFULNESS, non-infringement of intellectual property rights, quality of any services or content, including without limitation, any user content on the site, timeliness of the SITE or the results to be obtained from using the site, the user content and the site content. PURECARE DOES NOT WARRANT THAT THE SITE OR THE SERVICES ON THE SITE ARE SECURE AND FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS OR OTHER LIMITATIONS.

TO THE FULLEST EXTENT ALLOWED BY LAW, purecare AND its OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES HEREBY DISCLAIM ALL WARRANTIES with respect to the site, THE USER CONTENT and the site content, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

IN NO EVENT SHALL PURECARE OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS, DATA, CONTENT, REPUTATION OR GOODWILL), WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE USER CONTENT OR THE SITE CONTENT.  IN THE EVENT THAT PURECARE AND/OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES ARE DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO THE SITE, THE USER CONTENT OR THE SITE CONTENT, IN NO EVENT SHALL PURECARE’S AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES’ AGGREGATE LIABILITY TO ANY SITE USER EXCEED TEN DOLLARS ($10.00). 

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF WARRANTIES; SO IF AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SUCH DISCLAIMER SHALL NOT APPLY TO YOU.

Links Within the Site
Any and all links to other web sites contained in the Site are provided for the convenience of those who wish to access other web sites quickly and efficiently. PureCare is not responsible for and does not endorse or make any representations whatsoever regarding the materials provided on any other web sites or providers of any information contained on any such web sites. You acknowledge and agree that your use of any web site accessed from the Site, or the reliance on any information or services contained therein, is solely at your own risk. You should review the Terms and Conditions and Privacy Policies of those web sites. 

Links to the Site
Creating or maintaining any link from another site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another site without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.

Indemnity
You agree to indemnify and hold harmless PureCare, and its officers, directors, members, managers, employees, personnel, agents, representatives, information providers, subcontractors, affiliates and licensees now or in the future (individually and collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, costs, losses, claims, demands and expenses (including reasonable attorney’s fees) that the Indemnified Parties may incur arising out of or relating to (i) the breach of any of your representations and warranties contained in this Agreement, our Privacy Policy or any other term or condition contained on the Site or in connection with the services offered on the Site; (ii) any User Content and all other content posted, provided or uploaded on the Site by you to PureCare, including without limitation, content that violates the intellectual property other proprietary right or privacy right of a third party; (iii) any misuse of the Site or the services provided on the Site by you or (iv) any bodily injury including death resulting from any User Content, User Suggestions, your use of the Site or the services provided on the Site.

Arbitration
Any dispute, claim or controversy that you and PureCare are unable to resolve, to the maximum extent allowed by applicable law, will be submitted to and finally resolved by binding arbitration.  Either party may file a written demand for arbitration with the American Arbitration Association and will send a copy of the demand for arbitration to the other party.  The arbitration will be conducted pursuant to the terms of the Commercial Arbitration Rules of the American Arbitration Association.  The venue for the arbitration will be in Essex County in the State of New Jersey. The arbitration will be conducted before three (3) arbitrators selected through the American Arbitration Association's arbitrator selection procedures.  The decision of the arbitrators will be final, binding and conclusive upon the parties.  Each party will have the right to have the decision enforced by the federal or state courts sitting in Essex County in the State of New Jersey, to which exclusive jurisdiction the parties agree to submit. If any of the provisions of this Agreement are held to be unenforceable or invalid by any tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions will not be affected, provided that the essential understanding of the parties hereto is not lost thereby.

General
These Terms of Use and the Privacy Policy constitute the entire agreement between you and PureCare regarding the Site, the Site Content and the User Content.  If any provision of this Terms of Use is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.  PureCare’s failure to enforce any right or provision shall not be deemed a waiver of such right or provision.  Headings are for convenience only and should not be given any interpretative effect.

Please also read our Privacy Policy at: /privacy-policy

Changes to our Terms of Use
We may update our Terms of Use from time to time.  If we make any changes, we will post the new Terms of Use to our Site after we make the change.

The date the Terms of Use was last revised is identified at the top of the page.  You are responsible for visiting the Terms of Use to check for any changes each time you access or use the Site.

Notices; Contact Information
The Site is operated by PureCare, LLC, 11 Stewart Place, Fairfield, NJ 07004. All questions regarding the Site, these Terms of Use or our Privacy Policy shall be directed to our Marketing Director by email at: sbergman@fabrictech.com, by calling at: 1-800-758-8563, or by writing to our Marketing Director at: PureCare, LLC, 11 Stewart Place, Fairfield, NJ 07004.