User Agreement
1. Acceptance of Terms of Service
Pure Matters and its subsidiaries and affiliates (collectively, "Pure Matters") operate a website and services (also referred to as “Pure Matters”). These Terms of Service set forth the terms and conditions that apply to your use of Pure Matters. From time to time, Pure Matters may offer you the opportunity to use particular features or tools on the site, to transact, or to take part in special programs or events (“Special Features”), and such Special Features will be governed by additional terms and conditions that will be presented to you at the time you opt to use such Special Features ("Additional Terms"). You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING PURE MATTERS, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH PURE MATTERS. If you do not agree to be bound by these Terms of Service, please discontinue your use of Pure Matters. Pure Matters is provided free of charge to you (unless otherwise indicated).
2. Termination
Pure Matters reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access Pure Matters and/or any other service, tool, specific content, digital products, products, courses or events provided to you by Pure Matters, including any personal profile, upon any breach by you of these Terms of Service or otherwise.
3. Modifications of these Terms of Service
Pure Matters may modify these Terms of Service from time to time in its sole discretion. Each time you use Pure Matters, you will be deemed to have accepted any such changes. Pure Matters shall have no obligation to notify you of any such changes other then posting such modifications on Pure Matters, but Pure Matters reserves the right (at Pure Matters’ discretion) to provide you notice of such changes to any e-mail address you have provided to Pure Matters, or post office address you have provided to Pure Matters.
4. Modifications of Pure Matters
Pure Matters may modify or discontinue Pure Matters, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
5. Use of Pure Matters
A. Copyright, Licenses and Use Restrictions
The copyright in all material provided on this site is held by Pure Matters or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Pure Matters or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
B. Non Commercial Use
Pure Matters, its products, services, digital products, events, courses, social networking tools (as more fully described below) and any other element of Pure Matters are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by Pure Matters in writing. Illegal and/or unauthorized use of Pure Matters, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Pure Matters is prohibited. In furtherance thereof, you agree that you will not use Pure Matters for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of Pure Matters, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
Any such use shall be deemed to be a violation of these Terms of Service.
6. Member Disputes
You are solely responsible for any interaction with other members or visitors of Pure Matters. Pure Matters reserves the right but shall have no obligation to monitor disputes between you and any other member of Pure Matters.
7. Intrastate Nature of Communications
When you register with Pure Matters and/or any service therein, you acknowledge that in using the Pure Matters services to send electronic communications, you will be causing communications to be sent through Pure Matters’ computer networks, portions of which are located in Virginia and other locations in the United States and maybe located in other countries. As a result, and also as a result of Pure Matters’ business practices and the nature of electronic communications, communications that seem to be intrastate in nature, may also be the transmission of interstate communications, regardless of where you are physically located when transmitting messages. By virtue of agreeing to this Terms of Service and using the Pure Matters communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.
8. Third Party Services
You may order services or merchandise through Pure Matters from other persons not affiliated with Pure Matters ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Pure Matters makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Pure Matters nor will Pure Matters be construed as a party to such transactions, whether or not Pure Matters may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
9. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Pure Matters infringe your copyright, you (or your agent) may send Pure Matters a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Pure Matters to locate the material on Pure Matters; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Pure Matters a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF PURE MATTERS, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH PURE MATTERS, IS AT YOUR SOLE RISK. PURE MATTERS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PURE MATTERS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
PURE MATTERS AND ITS SUPPLIERS MAKE NO WARRANTY THAT PURE MATTERS WILL MEET YOUR REQUIREMENTS, OR THAT PURE MATTERS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PURE MATTERS OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PURE MATTERS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PURE MATTERS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT PURE MATTERS AND ITS SUPPLIERS DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH PURE MATTERS. PURE MATTERS AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER PURE MATTERS NOR ITS SUPPLIERS OR MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN PURE MATTERS, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. PURE MATTERS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
PURE MATTERS AND ITS SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN PURE MATTERS, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN PURE MATTERS IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PURE MATTERS OR THROUGH PURE MATTERS, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
PURE MATTERS AND ITS SUPPLIERS MAKE NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH PURE MATTERS OR ANY TRANSACTIONS ENTERED INTO THROUGH PURE MATTERS.
PURE MATTERS IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE PURE MATTERS. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH PURE MATTERS MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST PURE MATTERS WITH RESPECT TO SUCH SITES.
11. Limitation of Liability
PURE MATTERS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANYINDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE PURE MATTERS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH PURE MATTERS OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF PURE MATTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Promotional Messages
Pure Matters and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Pure Matters makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that Pure Matters shall not have any liability with respect thereto.
13. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to its conflicts of laws provisions. By registering for or using Pure Matters, you consent and submit to the exclusive jurisdiction and venue of the state courts located in Loudoun County, Virginia and federal courts located in the Northern District of Virginia.
14. Remedies for Breach of these Terms by You
In the event that Pure Matters determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for Pure Matters, Pure Matters reserves the right to (i) delete any or all content provided by you or your agent(s) to Pure Matters; (ii) discontinue your registration(s) with Pure Matters and/or any other Pure Matters community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through Pure Matters; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Pure Matters deems to be appropriate.
If your registration(s) with or ability to access Pure Matters, any other Pure Matters community and/or any other service, product, content, course, event, tool or digital product provided to you by Pure Matters is discontinued by Pure Matters due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of Pure Matters, then you agree that you shall not attempt to re-register with or access Pure Matters, any other Pure Matters community and/or any other digital product, course content or service provided by Pure Matters, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Pure Matters reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.
15. Health Resources
Not Medical Advice
The health-related content on Pure Matters (“Health Content”) is for informational purposes only. The Health Content does not replace professional medical advice, diagnosis, or treatment. If you have questions regarding a medical condition, always seek the advice of your physician or other qualified health professional. Developments in medical research may impact this information. If you think you may have a medical emergency, call your doctor or 911 immediately.
Pure Matters and its suppliers make no guarantee or warranty, express or implied, with respect to any products or services sold. The information contained in this online site is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics. The information should not be considered complete and should not be used as a substitution for a consultation or advice from your physician or other health care provider. Pure Matters and its suppliers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Pure Matters and its suppliers are not responsible for updating information contained here, which may be rendered obsolete based upon subsequent medical developments. Pure Matters does not recommend the self-management of health conditions. Information obtained by using this site is not exhaustive and does not cover all diseases, ailments, physical conditions and/or their treatment. You should never disregard medical advice or delay in seeking it because of something you have read here. If you are under medical care or taking prescriptions, you should consult with your physician about the impact of Pure Matters products on your health.
Supplements
YOU SHOULD ALWAYS CONSULT WITH A PROFESSIONAL HEALTHCARE PROVIDER BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT. Pure Matters and its suppliers do not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. Consult with a healthcare professional before starting any diet, exercise or supplementation program. You understand and agree that the health information provided from the Pure Matters website is for informational and educational purposes only. All decisions regarding your healthcare should be made after consulting your healthcare provider regarding your condition and the use of dietary supplements. The claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary supplements and the content provided here was not designed to diagnose, treat, cure or prevent a disease or health condition. Always consult your healthcare provider with any questions or concerns that you may have regarding your condition.
16. Indemnity
You agree to indemnify, defend and hold harmless Pure Matters, its officers, directors, employees, agents, licensors and suppliers against all claims, actions, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person.
Pure Matters may deliver notice to you under this agreement by means of electronic mail or by written communication delivered by first class U.S. mail to your address on record. You may give notice to Pure Matters at any time by letter delivered by certified first class postage prepaid U.S. mail or overnight courier to the following address:
Any claims arising from your use of Pure Mattersmust be brought within one (1) year from the date of the event giving rise to the action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
17. Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Pure Matters may assign its rights and obligations under these Terms of Service and upon such assignment Pure Matters may be relieved of any further obligation hereunder.
You represent to Pure Matters that you have the authority to register with or visit Pure Matters according to these Terms of Service. Pure Matters does not encourage or solicit visitors who are known to be under the age of 18 to become a member of or visit Pure Matters and does not permit anyone under the age of 13 to become a member of the Pure Matters site.
These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Pure Matters, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
Last updated: September 1, 2010
