Terms of Use
Welcome to the Purseven.com website (the “Website”), which is owned and operated by PurhealthRX LLC (“Company” or “the Company”). Please review the following terms of use that govern your use of the Website (the “Terms”). By accessing or using this site, you acknowledge that you have read and that you understand and agree to the Terms of Use Agreement. Please note that your use of the Website constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, please leave this Website immediately. The Company may revise these Terms from time to time, without prior notice, so you should visit this page periodically to review them.
USE OF THIS WEBSITE
The information provided on this site is for general information, commercial and educational purposes. Portions of this website are intended for specific audiences, including employees and customers of the Company, and members of the general public. Your access to and use of the information contained on the website is subject to these terms of use. By accessing and using this website, you accept, without limitation or qualification, these terms of use.
CUSTOMER RATINGS & REVIEWS AND STORIES
The Terms govern the Testimonial submissions offered for use by the Company. To the extent there is any conflict between the Company’s Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the Testimonials.
By submitting any content to the Company, you represent and warrant that:
- you are the sole author and owner of all intellectual property rights thereto;
- you waive all “moral rights” that you may have in such content;
- all content that you post is accurate;
- your content does not violate these Terms of Use;
- your content will not cause injury to any other party;
- your content is not false, inaccurate or misleading;
- your content does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- your content does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- your content will not reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- you were not compensated or granted any consideration by any third party for submitting your content;
- your content does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
- your content is not subject to any confidentiality obligations, nor will the Company be subject to any confidentiality obligations on account of your content;
- your content does not contain any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold the Company (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth herein, and/or resulting from any violation by you of these Terms of Use, your use of this Website, or your violation of any law or the rights of a third party.
For any content that you submit, you grant to the Company a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell or distribute such content and to incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be reviewed, revised, posted, or otherwise used by the Company at the Company’s sole discretion. The Company reserves the right to change, condense or delete any content on the Company’s website. The Company does not guarantee that you will have any recourse through the Company to edit or delete any content you have submitted. The Company reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not the Company, are responsible for the contents of your submission.
By submitting your email address in connection with submission, you agree that the Company and its third party service providers may use your email address to contact you about the status of your submission and other administrative purposes.
SHIPPING AND RETURNS
If you have any questions about the shipping and return of the Company products that you have purchased, click here.
WEBSITE CONTENT AND ORDERS
Please understand that we have made every effort to display the products featured on our Website as accurately as possible. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, will affect the colors you actually see on the screen. The Company is not responsible for the limitations of your monitor and cannot guarantee that your monitor’s display of any color, texture, or detail of merchandise will be accurate. If you are unhappy with your purchase for any reason, you may simply return the item. Click here for our Return Policy.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. For example, in the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price. We apologize for any inconvenience this may cause you.
We reserve the right, at our sole discretion, to limit the quantity of items purchased and to prohibit sales to dealers. The prices displayed on this Website are quoted in U.S. currency and as such are valid only in the United States. Prices are subject to change at any time.
The Company will use reasonable efforts to include accurate and up-to-date information on this website, but makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access and use of this website and its content is at your own risk. the Company disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither the Company nor any party involved in the creation, production or delivery of this website will be liable for any damages, including, without limitation, direct, incidental, consequential, indirect or punitive damages, arising from access , the use or inability to use this website. , or any error or omission in the content thereof. This limitation includes damage to your computer equipment or any virus.
WHOLESALERS
Wholesaler’s purchase of any products from Company indicates Wholesaler’s unconditional acceptance and agreement to abide by the Terms and Conditions herein, including Wholesaler’s adherence to the Internet Sales Policy and MAP Policy. Accordingly, the Company hereby appoints Wholesaler as its independent agent to market and promote the sale of those Products produced or marketed by the Company (the “Products”), and Wholesaler desires to accept such appointment, all upon the Terms and Conditions set forth herein.
Internet Sales Policy Agreement &
Minimum Advertised Price (MAP) Policy
The following paragraphs define the PurhealthRX LLC (“Company”) policy regarding the advertising and pricing of PurhealthRX LLCProducts (“Products”) by its authorized Wholesalers and the Internet Sales practices which may be used by Wholesaler for the sale of PurhealthRX LLC Products. By purchasing any of our Products, each Wholesaler agrees to abide by these MAP and Internet Sales Policy guidelines. Failure on the part of Wholesaler to strictly and completely abide by the guidelines set forth below may, at the sole option of the Company, result in the termination of Wholesaler as an authorized Wholesaler of the Products.
Internet Sales Policy Guidelines
1. Wholesaler Website Sales. Wholesaler agrees that it will ONLY sell the Products on its own websites which it operates and through which it sells products to its retail and wholesale customers.
2. Third Party Internet Marketplaces. Wholesaler agrees that it will NOT market or advertise for sale any of the Products of the Company on any Third Party Internet Marketplace, Open Auction Site or Sales Site. Such sites include but are not limited to: Amazon.com, Ebay.com, Buy.com, Searsmarketplace.com, etc. Wholesaler is responsible to ensure that any Wholesaler to whom it sells the Products of the Company, strictly complies with these Internet Sales Policy Guidelines and does not sell products on any Third Party Internet Marketplace. Failure on the part of Wholesaler to require compliance with this Policy will result in suspension and termination of Wholesaler’s authorization as a Wholesaler of the Company’s Products.
3. Foreign Marketplaces: The Company has entered into agreements for distribution with certain Wholesalers in foreign countries (Countries outside the USA). In many cases these Wholesalers have exclusive distribution rights in their respective countries. Wholesalers may therefore NOT market, sale or list for sale the Products of the Company in any other countries than the USA, and may not advertise for sale the Products on any Third Party Marketplace in any foreign country, without prior written approval from Company.
Any Wholesaler advertising in any country other than the country they are set up in will be considered in violation of this Wholesaler agreement. Any Wholesaler violating this Internet Sales Policy is subject to having their authorized Wholesaler Agreement suspended and or terminated and will not be supplied Product. See Paragraph 4 below.
4. Violations of the Internet Sales Policy: All failures to comply with this Internet Sales Policy constitute a material breach of the PurhealthRX LLC Wholesaler Agreement. Companymanagement intendsto administer the policy aggressively, fairly, reasonably, and in a progressive manner as follows:
- 1st Violation: written reminder & request for immediate compliance within 24 hours from receipt of notice;
- 2nd Violation or Demand: Written demand for immediate compliance with within 24 hours of notice;
- Failure of a Wholesaler to comply after two (2) written notices or two or more violations or a failure to comply after a second demand for compliance with this Internet Sales Policy will result in immediate suspension and termination of business.
- As of the date that the Company suspends or terminates Wholesaler’s authorization to sell the Products of the Company due to violation of this Internet Sales Policy, all warranty’s on all Product sold by Wholesaler, after the Wholesaler account suspension, will be voided.
MAP Policy Agreement and Guidelines
Company has instituted a Minimum Advertised Price policy (MAP) for the benefit of all of our valued Wholesalers. We find it necessary to implement a MAP policy so that Company products are not devalued in the marketplace, and so each Company Wholesaler can compete equally on the basis of the value they provide the customer, whether that is product knowledge, service, training, support, inventory or any combination of these items and more.
1. An authorized Company Wholesaler in the U.S. or Canada shall be deemed in violation of this MAP policy if they advertise, or otherwise place in the public domain, prices for Company products that are below the current MAP pricing.
2. This MAP policy applies only to advertised prices from Wholesaler of Company products to the public and includes but is not limited to magazines, websites and other electronic media, broadcast emails, catalogs, flyers, coupons, newspapers, television and radio. The policy does not affect any in-store actual product pricing or un-published resales.
3. Pricing listed on an internet site is considered an “advertised price” and must adhere to the MAP policy. This means any products on an internet website which can be accessed directly through any hypertext link or by any other method which uses the hypertext transfer protocol (http) is considered to be advertising for purposes of this policy. Statements such as “add to basket to see price”, “we will match any price”, and “call for price” are acceptable.
4. From time to time, Company may choose to offer special promotions on certain products. In such an event, we reserve the right to modify or suspend this MAP policy in whole or in part by notifying all Wholesalers of the duration and nature of the change. Company further reserves the right to adjust the MAP policy by amending this policy as posted and providing 30 days advance notice to all authorized Wholesalers.
5. Intentional and/or repeated failure to abide by this MAP policy will result in penalties and may result in loss of authorized Wholesaler status. The termination of Wholesaler status is in the sole and absolute discretion of the Company.
If for any reason you feel that one of PurhealthRX LLC’s Wholesalers is violating this MAP policy, please contact our home office at 1-877-259-6887.
INTELLECTUAL PROPERTY RIGHTS
This Website is expressly owned and operated by the Company. Unless otherwise noted, all content on this Website, such as text, graphics, logos, trademarks, service marks and trade names, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of the Company. This Website, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved. All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of the Company, its subsidiaries, related companies, or its licensors or joint venture partners, unless otherwise noted. . Use or misuse of such marks or any other material, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law on slander and libel, the law on confidentiality and publicity, and the communication regulations and statutes. Please note that the Company actively and aggressively enforces its intellectual property rights as permitted by the law. Trademarks owned by Company and/or its affiliates include, but are not limited to 7, Purzorb, and Hempzorb81.
LINKS TO OTHER WEBSITES AND SERVICES
This Website may contain links to other websites that are not under the control of the Company. The Company has no responsibility for the linked websites nor does it necessarily endorse them. The Company provides the links solely for the convenience and information of its Website users.
DISCLAIMER; LIMITATIONS OF LIABILITY
The Company provides the materials on this Website “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. The Company expressly disclaims any duty to update or revise the materials on this Website. The Company may modify the materials at any time without notice. By your use of this Website, you assume all risk for your use of the Website and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website.
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE WEBSITE, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
CONFIDENTIALITY OF PASSWORDS AND OTHER ACCOUNT IDENTIFIERS
If you create an account on the Website you are responsible for: (i) maintaining the confidentiality of passwords and other account identifiers you choose, and (ii) all activities that occur under or in connection with such passwords and account identifiers. You agree to notify the Company immediately in the event of: (i) any loss of your password or other account identifiers or (ii) any unauthorized use of your password or other account identifiers. The Company will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these Terms.
USER COMMENTS AND SUBMISSIONS
We welcome your comments and input about our Website and products. However, any comments, ideas, questions, feedback, notes, messages, suggestions or other communications (collectively “Comments”) sent to our Website shall be and remain the exclusive property of the Company. If you submit any Comments to us, such submission shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights, patent rights, and other intellectual property rights in the Comments. The Company will be entitled to use, modify, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, you should not send us any Comments that you do not wish to assign to us, including without limitation any confidential information or any original creative materials such as product ideas, designs, inventions, computer code, stories or original artwork.
PRIVACY
The Company respects the privacy of its Website users. Please refer to the Company’s Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed on this Website.
NON-CONFIDENTIAL INFORMATION
Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or post on a Company Website by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and the Company shall have no obligation of any kind with respect to such information. The Company shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.
THIRD PARTY WEBSITES AND LINKS
This website may contain links or references to other websites operated by third parties over which the Company has no control. These links are provided for convenience only. Likewise, this website may be accessed from third party links over which the Company has no control. The Company makes no warranties or representations of any kind as to the accuracy, timeliness or completeness of the information contained in these websites and cannot be held liable for any damages or injuries of any kind. resulting from such content or information. The inclusion of any third-party link does not imply an endorsement or recommendation by the Company.
CONTENTS OF THIS WEBSITE HAVE NOT BEEN EVALUATED BY FDA
This website may contain general information relating to various health conditions. This information is provided for informational purposes only and is not intended to replace advice provided by a physician or other qualified healthcare professional. Website users should not use the information on this website to diagnose any health problem or disease. Users should always consult a physician or other healthcare professional for medical advice or information on diagnosis and treatment. The statements made regarding products on this Website have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act requires this notice.
VOID WHERE PROHIBITED
This website and its content are intended to comply with the laws and regulations of States of the United States. Although the information on this website is accessible to users in other areas, information relating to our products is intended for use only. only by residents of the US. Other countries may have different regulatory and legal requirements. The Company reserves the right to limit the supply of its products or services to any person, geographic region or jurisdiction and / or to limit the quantities or the products. Any offer for any product or service made on this website is void where prohibited. If any provision of this Agreement is found to be illegal, void or unenforceable, that provision will be severable without affecting the enforceability of all other provisions.
APPLICABLE LAWS
These terms of use and your use of the website are governed by the laws of the United States of America and the State of Utah without regard to its conflict of law principles. Any action or legal proceeding relating to this website should be brought exclusively in a federal or state court of competent jurisdiction sitting in Utah.