Terms of service/use
The Effective November 1, 2024
These Terms of Use “Terms” apply to the websites, applications, widgets, or online services that are owned or controlled by Pure Halsa LLC “Pure Halsa” and that post a link to these Terms collectively, the “Sites,” and individually, a “Site”. IMPORTANT! PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These Terms do not apply to any other website or any offline activities by Pure Halsa unless specifically stated. You agree to these Terms by accessing or using the Sites. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE. Please note that certain features or services referenced in these Terms may not be offered on the Sites at all times.
There may be times when we offer a service or feature that has its own terms and conditions that apply in addition to these Terms “Additional Terms”. In those cases, the Additional Terms will control to the extent there is a conflict with these Terms unless the Additional Terms state otherwise.
ARBITRATION NOTICE: Except for certain types of disputes described in the “Disputes and Arbitration” section below, you agree that all disputes between you and Pure Halsa with regard to these Terms and your use of the Sites will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.
WEBSITE INTENDED AUDIENCE
THIS SITE IS INTENDED FOR USERS AGE EIGHTEEN (18) AND OLDER. By using the Sites, you acknowledge that you are at least 18 years old.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE please read!
The content and information provided by the Sites is for informational purposes only. It may not be complete and does not cover all health issues. Therefore, never use or rely on any information on the Sites in place of a consultation with your doctor or other health care provider.
Pure Halsa does not recommend self-management of health problems nor does it endorse any particular type of medical treatment. The information and content provided by the Sites is not a substitute for medical advice and nothing contained on the Sites or in a response to your inquiries or questionnaires is intended to be a medical diagnosis or treatment plan. If you suspect you have a medical problem, or if you have any health care-related questions, please promptly call or see your physician or other health care provider.
We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Sites. While we strive to keep the information on the Sites accurate, complete, and up-to-date, we do not give any assurances, and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the information.
You may contact us with general questions regarding our products, dietary supplements, or health matters, but do not send us any specific medical, therapeutic, or treatment questions. Note that information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
OWNERSHIP OF SITE CONTENT
Unless otherwise explicitly specified by Pure Halsa, all materials that are included in or are otherwise a part of the Sites, including past, present and future versions, domain names, source, and object code, and the “look and feel” of the Sites “Site Content“ are owned, controlled or licensed by Pure Halsa, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.
The Site Content may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, except with the express permission of Pure Halsa and as is expressly provided in these Terms.
Any unauthorized use of the Site Content is prohibited.
YOUR LICENSE TO USE SITE CONTENT ON OUR SITE
Subject to your strict compliance with these Terms and any Additional Terms, Pure Halsa grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to access, view and download if downloading is expressly offered by Pure Halsa the Site Content with the exception of source and object code, other than as made available to access and use via standard web browsers. When you access or view the Site Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any source code associated with the Site, nor allow or assist any third party in doing so. You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage). Except as expressly provided in these Terms, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute, or otherwise use Site Content in any way, without the prior written permission of a duly authorized Pure Halsa employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Sites. Unauthorized use of Site Content may be a violation of federal and state laws and could result in civil and criminal liability.
VIRAL DISTRIBUTION
Pure Halsa grants you the limited, revocable permission, subject to the restrictions in these Terms, to share portions of the Site Content with others via the following methods when a Site feature purposefully makes such sharing available “Viral Distribution“: (a) sending Site Content to friends or acquaintances at no charge, or (b) posting and displaying a copy of Site Content on a personal web site; or (c) posting and displaying a copy of the Site Content on a third party web site that permits users to post content, so long as the posting is allowed pursuant to the third party web site’s terms and conditions and policies, and provided that the third party web site does not charge for access to those materials or associate those materials with products, services or advertising.
If you engage in Viral Distribution, you agree that you will not post any performance claims about aPure Halsa or Pure Halsa brand “Pure Halsa Brand”, including but not limited to FEELING GOOD Supplements™ or Yummie Tummie drinks™ products. For example, you must not claim that a Pure Halsa or Pure Halsa Brand product cures a disease or works in a specific way, but it would be acceptable to state “Pure Halsa products are my favorite!” or “I think Pure Halsa supplements are great!” with your viral distribution. In other words, you understand that only Pure Halsa can make claims, promises, or statements on behalf of Pure Halsa about its products. You also agree that you will not imply that you and Pure Halsa or any Pure Halsa Brand are affiliated in any way or that Pure Halsa approves of your comments.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use the Sites for any purpose or in any manner that infringes the rights of any third party.Pure Halsa encourages you to report any content on the Sites that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on a Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA“), Pure Halsa has a designated agent for receiving notices of copyright infringement and Pure Halsa follows the notice and take-down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pure Halsa’s copyright agent (whose contact information is set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (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 copyright 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 that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact 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 that any content on a Site contains content that violates your rights other than copyrights, please provide Pure Halsa with at least 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 material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding a Site or a complaint regarding alleged violation of rights other than copyrights to Pure Halsa’s copyright agent, who can be reached as follows:
E-mail Address: hello@purehalsa.com
NOTE: This contact information is for notices or complaints regarding potential copyright and other infringements only.
We have a policy of terminating the accounts of users who in our reasonable discretion are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Pure Halsa will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third party’s intellectual property rights
INFORMATION AND CONTENT YOU SUBMIT
The Sites may provide you the opportunity to participate and post content publicly in forums, through interactive features and other communication functionality collectively, “Community Forums“. You may choose to submit or post via Community Forums or otherwise images, videos, writings, questions, comments, suggestions, or other content collectively, “User Content“.
You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms, or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Pure Halsa the license below. Upon Pure Halsa’s request, you will furnish PPure Halsa with any documentation, substantiation, or releases necessary to verify your compliance with these Terms.
You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Pure Halsa.
You remain the owner of your User Content, but you acknowledge that Pure Halsa must have a license from you in order to accept your User Content. Accordingly, you grant to Pure Halsa and its parents, affiliates, subsidiaries, successors in interest, licensees, and assigns, and each of their officers, directors, shareholders, agents, representatives, and employees (each a Pure Halsa Party and, collectively, the “Pure Halsa Parties”) an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
You further agree that Pure Halsa is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing, and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize Pure Halsa to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You agree that Pure Halsa has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. You further acknowledge and agree that Pure Halsa will not have any obligation to you with regard to User Content and that Pure Halsa may or may not monitor, display, or accept your User Content and may delete it at any time.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
SWEEPSTAKES, CONTESTS & PROMOTIONS
The Sites may contain or offer sweepstakes, contests, or other promotions, which may be governed by a separate set of official rules and have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest, or promotion.
THIRD-PARTY LINKS, CONTENT AND APPLICATIONS
The Sites may provide links to certain websites, services, and features provided by third parties including third-party stores selling products made by a Pure Halsa Brand. The Sites also may include third-party content that we do not control, maintain, or endorse. We do not control any of these third-party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are not responsible or liable for your use of any third-party sites or online features. Your use of such services is subject to the terms and conditions established by such third parties. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
LINKING POLICY
Pure Halsa grants you the revocable permission to link to the Sites; provided, however, that any link to the Sites: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (b) must not create the false impression that Pure Halsa any Pure Halsa Brand, or the Site you link to is endorsing or sponsoring any third party or its products or services, unless Pure Halsa has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Pure Halsa ’s sole opinion, harm Pure Halsa or its products or services; (d) must not use any Pure Halsa trademarks without the prior written permission from Pure Halsa, (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable in Pure Halsa’s sole opinion and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, Pure Halsa reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion.
MOBILE FEATURES
The Sites may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to view Site Content, upload content to the Sites, receive SMS or MMS messages from the Sites, download applications to your mobile phone, or access other content (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data, and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt out of Mobile Features will be disclosed in connection with Mobile Features.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Pure Halsa or a Pure Halsa Brand or product for which you signed up. If you have registered for Mobile Features, you agree to notify Pure Halsa of any changes to your mobile number and update your account(s) on the Sites to reflect this change.
DISCLAIMER OF WARRANTIES
THE SITES INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE PURE HALSA PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE PURE HALSAPARTIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PURE HALSA PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, THE PURE HALSA PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PURE HALSAPARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY PURE HALSA PARTY, WHETHER MADE ON THE SITE, IN RESPONSE TO A QUESTION SUBMITTED ON OR THROUGH THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU UNDERSTAND THAT BY USING THE SITE YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION(S) WHERE YOU ACCESS OR USE THE SITE. THE PURE HALSAPARTIES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT MADE OR DISPLAYED ON THE SITE BY THIRD PARTIES (INCLUDING ANY USER OF THE SITE) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE SITE. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE SITE. A POSSIBILITY EXISTS THAT THE SITE COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE SITE, THE PURE HALSA PARTIES MAKE NO GUARANTEES AS TO THE SITE’S COMPLETENESS OR CORRECTNESS
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless each of the Pure Halsa Parties from and against any and all claims, demands, damages, losses, costs, investigations, liabilities, judgments, settlements, attorneys’ fees, and other expenses that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your breach or anticipatory breach of these Terms or any Additional Terms; (b) your use of the Sites or activities in connection with the Sites; (c) your User Content; and your use of Viral Distribution, Widgets, and Applications; (d) your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Pure Halsa Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Pure Halsa . You will cooperate as fully required by the Pure Halsa Parties in the defense of any claim. ThePure Halsa Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of thePure Halsa Parties.
TERMINATION
In its sole discretion, Pure Halsa reserves the right to terminate, suspend, or block your access to and use of the Sites, without notice and liability, for any reason, including, without limitation, if Pure Halsa believes your conduct fails to conform with these Terms. Pure Halsa also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites orPure Halsa. Any violation of these Terms may be referred to law enforcement authorities. Any provision of these Terms, which by its terms, ought to survive, shall survive any termination of these Terms.
LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
Unless otherwise specified, the Sites are presented solely for, and any coupons, promotions and programs are offered only to, residents of the United States of America, the U.S. Virgin Islands, Puerto Rico and Guam.
The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Pure Halsa to any registration requirement within such jurisdiction or country. Pure Halsa controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Sites from other locations does so on their initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Sites or any portion of the Sites, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide, and to offer different products or prices based on geographic area.
Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from the Sites may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
OUR RIGHT TO UPDATE THESE TERMS
Pure Halsa reserves the right to modify or add to these Terms at any time without prior notice Updated Terms. You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page and that your use of the Sites after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Sites. The Updated Terms will be effective as of the time of posting, or at such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward.
CONTACT INFORMATION
You may contact us by clicking Contact Us or a similar link on a Site or using other contact information provided on a Site.