Terms of Service

 

OVERVIEW

This website is made available for use with us.puremama.com or its subdomains and is operated by Pure Mama LLC (“PURE MAMA”). Throughout the site, the terms “we”, “us” and “our” refer to PURE MAMA. PURE MAMA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions, then you may not access the website or use any services.

 

Any new features or tools added to the current store shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates to our website. Your continued use of the website following the posting of any changes constitutes your acceptance of those changes.

 

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

 

 

SECTION 1 – ONLINE STORE TERMS

In order to make purchases through our site, you will be requested to provide your personal details, including your real name, phone number, email address, delivery address, and other requested information. You will also be required to provide payment details when ordering.

 

By agreeing to these Terms of Service, you represent that you are at least 18 years of age. This site is intended for adults only. The products and services available on this site are for personal use only and should be used in accordance with the instructions, precautions and guidelines provided.

 

Please contact us if you have any questions about shopping on us.puremama.com at hello@puremama.com. You may not use our products for any illegal or unauthorized purpose, nor may you violate any federal, state, or local laws in your jurisdiction.

 

You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.

 

 

SECTION 2 – GENERAL CONDITIONS

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.

 

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

 

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

 

SECTION 4 – INTELLECTUAL PROPERTY RIGHTS

All information and content available on the site, including but not limited to PURE MAMA’s name and logo, product images and descriptions, site design, text, graphics, photographs, audio, video, trademarks, and the selection and arrangement thereof (“Content”) are owned by PURE MAMA and in some cases its affiliates, partners and licensors. These intellectual property rights are protected by United States and international laws, including laws governing copyright and trademarks.

 

No part or portion of this site may be copied, sold or used in any manner without the written consent of PURE MAMA. Your use of the Content grants no rights to you in relation to any copyright, designs, trademarks or other intellectual property rights relating to the Content or any portion of the site.

 

 

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice, effective immediately upon posting to the site or other form of notification. All prices displayed on us.puremama.com are in United States Dollars (USD). Applicable sales tax will be calculated and displayed at checkout based on your delivery address.

 

Pure Mama LLC fulfils orders from a third-party distribution center located in California. Orders shipped within California may be subject to California state sales tax in accordance with the California Revenue and Taxation Code.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

 

 

SECTION 6 – USE OF PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website and may have limited quantities. These products are subject to return or exchange only according to our Returns Policy.

 

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your device’s display of any color will be fully accurate.

 

We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

 

By placing an order with PURE MAMA, you agree to use the products or services only for their intended purpose. If you use the products for any other purpose, you assume full responsibility for any loss or damage arising from that use.

 

Our products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. They are cosmetic products intended for external use only. Always follow the directions provided with each product. If you have a medical condition, are pregnant, or are breastfeeding, consult your healthcare provider before use. These statements have not been evaluated by the U.S. Food and Drug Administration. We recommend that you review the ingredient list and patch test before first use, and discontinue use if irritation or an allergic reaction occurs.

 

 

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy.

 

 

SECTION 8 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

 

SECTION 9 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those sites and we will not have any liability or responsibility for any third-party materials, websites, products or services.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources or content made in connection with any third-party websites. Complaints or questions regarding third-party products should be directed to the third party.

 

 

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send creative ideas, suggestions, proposals, plans or other materials to us, whether online, by email, by postal mail or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

 

We are under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise and use comments and all intellectual property rights contained therein in all media now known or hereafter developed.

 

User-generated content. Our site allows you to submit product reviews, which may include photographs, images, or other media (“User Content”). You retain ownership of your User Content. By submitting User Content, you grant PURE MAMA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display and publicly perform that User Content in any media, including in connection with our marketing, advertising, promotional materials, social media, and the operation of our business, without further notice, consent, or compensation to you. You represent and warrant that you own or otherwise control all rights in the User Content you submit, that it is accurate, and that its use by us will not infringe or violate the rights of any third party or any applicable law.

 

You are solely responsible for any comments or User Content you make and their accuracy. We take no responsibility and assume no liability for any comments or User Content posted by you or any third party. We may, but have no obligation to, monitor, edit or remove any User Content in our sole discretion.

 

 

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which is available on our website at us.puremama.com. Our Privacy Policy includes specific disclosures for California residents regarding their rights under the CCPA/CPRA.

 

 

SECTION 12 – CONSENT TO RECEIVE NOTICES ELECTRONICALLY

You consent to receive any agreement, notice, disclosure or other communication (collectively, “Notices”) from us electronically, whether by email or by posting to our website. You agree that all Notices we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, or to request a paper copy, please contact us at hello@puremama.com.

 

 

SECTION 13 – PROMOTIONS AND OTHER OFFERS

All promotions and offers are exclusive to us.puremama.com unless otherwise stated. Any promotion or offer may not be used in conjunction with another unless otherwise stated. Promotions and offers are subject to availability and PURE MAMA reserves the right to revoke promotions and offers at any time and for any reason without notice.

 

Free gifts cannot be exchanged for cash, resold, or returned for refund or replacement unless the product is faulty. Any decision made by PURE MAMA regarding promotions and offers is full and final.

 

 

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order).

 

 

SECTION 15 – PROHIBITED USES

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content:

+    for any unlawful purpose;
+    to solicit others to perform or participate in any unlawful acts;
+    to violate any international, federal, or state regulations, rules, laws, or local ordinances;
+    to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
+    to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
+    to submit false or misleading information;
+    to upload or transmit viruses or any other type of malicious code;
+    to collect or track the personal information of others;
+    to spam, phish, pharm, pretext, spider, crawl, or scrape;
+    for any obscene or immoral purpose; or
+    to interfere with or circumvent the security features of the Service or any related website.

 

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

 

SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PURE MAMA LLC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO PURE MAMA LLC FOR THE PRODUCTS GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

 

Nothing in these Terms of Service excludes, restricts, or limits our liability for death or personal injury caused by our negligence, for injury or damage caused by a defective product, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. The limitations and exclusions in this section do not apply to any such liability. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states our liability shall be limited to the maximum extent permitted by law.

 

Nothing in these Terms of Service is intended to limit any rights you may have under applicable U.S. federal or state consumer protection laws that cannot be waived by contract, including but not limited to rights under the Magnuson-Moss Warranty Act or applicable state consumer protection statutes.

 

 

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Pure Mama LLC and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

 

 

SECTION 18 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 

SECTION 19 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

 

 

SECTION 20 – FORCE MAJEURE

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to acts of God, governmental actions, strikes, lockouts or other labor difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain necessary materials, equipment, facilities or services, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

 

 

SECTION 21 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

 

 

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

 

PURE MAMA fulfils orders from a third-party distribution center located in California and acknowledges that California law, including the California Consumer Privacy Act (CCPA/CPRA) and the California Unfair Competition Law (UCL), may apply to transactions with California residents. Subject to the “Dispute Resolution” section below, you agree to submit to the exclusive jurisdiction of the state and federal courts located in California for any matter not subject to arbitration.

 

SECTION 23 – DISPUTE RESOLUTION; ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

 

Agreement to arbitrate. You and PURE MAMA agree that any dispute, claim, or controversy arising out of or relating to our products, these Terms of Service (including our Privacy Policy), or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to: (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

 

Class action waiver. YOU AND PURE MAMA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and PURE MAMA agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.

 

Federal Arbitration Act. You and PURE MAMA agree that these Terms affect interstate commerce and that the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this arbitration provision.

 

Arbitration rules and process. The arbitration will be administered by Judicial Arbitration and Mediation Services (JAMS) under its rules then in effect. Before initiating arbitration, you must first send us a written notice describing the dispute and the relief sought to hello@puremama.com. If the dispute is not resolved within thirty (30) days, either party may commence arbitration. Unless the parties agree otherwise, the arbitration will be conducted in the county where you reside. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction. Arbitration fees. For any arbitration you commence, you will be responsible only for the portion of the JAMS filing fee equal to the fee for commencing a comparable action in a court of competent jurisdiction, and PURE MAMA will pay all remaining JAMS filing, administration, and arbitrator fees. Each party will otherwise bear its own costs and attorneys’ fees, except where the arbitrator is authorised or required by applicable law to award them. Nothing in this section requires you to bear any cost that would render this arbitration agreement unenforceable under applicable law.

 

30-day right to opt out. You may opt out of this arbitration agreement and class action waiver within thirty (30) days of first accepting these Terms by sending written notice of your name, mailing address, and a clear statement that you wish to opt out of arbitration to PURE MAMA LLC, 1 North Broadway, Suite 1020, White Plains, NY 10601, or by email to hello@puremama.com. If you opt out, all other terms of these Terms of Service will continue to apply.

 

This “Dispute Resolution” section survives termination of these Terms.

 

 

SECTION 24 – DMCA / COPYRIGHT POLICY

It is our policy to respect the intellectual property rights of others. If you believe that content on our site infringes your copyright, please send a written notice to our designated agent containing: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material claimed to be infringing and its location on the site; (iii) your contact information (name, address, telephone number, and email); (iv) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; (v) a statement, made under penalty of perjury, that the information in your notice is accurate; and (vi) a statement that you are authorized to act on behalf of the copyright owner.

 

Notices should be directed to our designated agent at: PURE MAMA LLC, Attn: DMCA Agent, 1 North Broadway, Suite 1020, White Plains, NY 10601; email hello@puremama.com. We may remove allegedly infringing material and, in appropriate circumstances, terminate the accounts of users who are repeat infringers.

 

 

SECTION 25 – NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice. The provider of this website is PURE MAMA LLC, 1 North Broadway, Suite 1020, White Plains, NY 10601, telephone 800 917 0663. Complaints regarding the service or requests for further information may be sent to the above address or to hello@puremama.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

 

SECTION 26 – LIMITATION ON TIME TO BRING CLAIMS

To the extent permitted by applicable law, any cause of action or claim you may have arising out of or relating to these Terms of Service, the Service, or any products purchased through the site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. Some states do not allow limitations on how long you have to bring a claim, so this limitation may not apply to you.

 

 

SECTION 27 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates to our website. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

 

 

SECTION 28 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@puremama.com.