Introduction Thank you for visiting puremedicalspa.us (“Website”). Throughout this Website, the terms “we,” “us” and “our” refer to Pure Medical Boutique LLC that owns and operates puremedicalspa.us, which offers this Website to you conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
Agreement Because this page contains legal obligations, including, but not limited to, limitations on liability, arbitration provisions, and a class action waiver, please read these Terms and Conditions carefully. By accessing, viewing, or using any of our services, (i) you acknowledge that you have read, understand, and agree to be bound by and subject to these Terms and Conditions and Privacy Policy (collectively “Terms of Use”), unless separate terms are offered by you in writing and accepted by us, and (ii) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the goods and services offered herein. If you do not agree to all the Terms of Use of this agreement, then you may not access this Website or use any of its services.
Modification We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting revised terms on this Website. The date on which these Terms and Conditions have been last updated will be noted immediately above this page, and the revised Terms and Conditions will take effect seven (7) days after their publication on this Website. Your continued use of this Website after any such changes have been made constitutes acceptance of those changes.
License This agreement provides you with a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use this Website solely for your personal use or your internal business purposes. You may not (i) use, copy, store, reproduce, transmit, distribute, rent, lease, sell, transfer, license, sublicense, or commercially exploit this Website in any manner not expressly permitted by this agreement; (ii) modify, alter, decompile, dissemble, reverse engineer, translate, or make derivative work of this Website; (iii) interfere, access, link to, use any source code contained in this Website; or (iv) erase or remove any proprietary or intellectual property notice contained in this Website and other services provided by Pure Medical Boutique LLC. Pure Medical Boutique LLC owns the trials and is managed by Pure Medical Boutique.
Site Use By accessing and using this Website, you acknowledge and agree that it is your sole responsibility to (i) maintain your compliance with the Terms and Conditions of this agreement; (ii) be responsible for and to abide by all applicable local, state, and federal laws, regulations, policies, and guidelines with respect to your use of this Website; and (iii) assume all responsibility for your use, and the results of your use, of this Website, including meeting any of your contractual requirements with third parties and other persons.
Copyrights and Trademark All content within this Website, including without limitation all software, graphics, text, design, images, illustrations, databases, user interfaces, visual interfaces, audio, design, structure, arrangement, products, and information (collectively, “Content”) of this Website are owned, controlled, and licensed by us and/or our licensors. Any rights granted in this agreement are expressly licensed and revocable at any time in our sole and absolute discretion. You shall not, nor will you allow any third party to reproduce, modify, display, perform, publish, distribute, disseminate, create derivative work from, broadcast or circulate to any third party, or otherwise use, any Content without our express prior written consent. All names, logos, and icons identifying us and our products and services are proprietary trademarks of us and/or our affiliates, and any use of such trademarks without our express written permission is strictly prohibited.
Privacy We respect your privacy and use commercially reasonable efforts to safeguard your personally identifiable information. For additional information regarding our collection and use of your personally identifiable information in connection with your use of this Website, please see our Privacy Policy.
SMS and Auto Dialed Calls By entering your contact information into puremedicalspa.us, you expressly request to receive information via recurring telephone call, email, and/or SMS/text message, including through the use of an automatic telephone dialing system or artificial/prerecorded voice, SMS/text message, even if your telephone number is listed on any internal, state, or federal Do-Not-Call registry list. Consent is not a requirement to purchase the goods or services that Pure Medical Boutique is offering. You may opt-out by replying “STOP” to any message that you receive, and you may request additional assistance by replying “HELP.” Message frequency may vary. Standard message and data rates may apply.
Representations and Warranties You represent and warrant to us that (i) you are at least 18 years of age; (ii) you are authorized to enter into this agreement; (iii) you will not use this Website or the Contents herein for any purpose or manner that violates any laws, regulation, or that infringes the rights of us or any third party; (iv) any information or data you provide to us will not violate any law, regulation, or infringe the rights of us or any third party; (v) all information that you provide to us in connection with this Website (e.g., name, e-mail address, phone number, and/or other information) is true and accurate; and (vi) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
Warranty Disclaimers WE DO NOT WARRANT, GUARANTEE, OR MAKE REPRESENTATIONS REGARDING YOUR USE, OR THE ULTIMATE OUTCOME OF YOUR USE OF THIS WEBSITE, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, INTENDED PURPOSE, QUALITY, FUNCTIONALITY, OR OTHERWISE. THIS WEBSITE AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND.
Limitation of Liability YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, LOSS OF DATA, LOSS OF SECURITY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THIS WEBSITE, OR OF INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, TOTAL LIABILITY OF US FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THIS WEBSITE, RESULTS FROM USE OF THIS WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification You agree to defend, indemnify, discharge, release, and hold harmless us and our officers, directors, shareholders, employees, agents, representatives, affiliates, third-party information providers, licensors, contractors, and others involved in the delivery of products, services, or information through this Website, arising from, in connection with, or relating to (i) any breach or violation of this agreement by you; (ii) your failure to provide accurate, complete, and current personally identifiable information requested or required by us; (iii) your access or use of our services; (iv) your transmissions, submissions, or postings; and/or (v) any personal injury or property damage caused by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith.
DMCA Notice Pursuant to the Digital Millennium Copyright Act (DMCA) Safe Harbor 17 U.S.C. § 512(c), if you believe that anything on this Website or service offered herein infringes any copyright that you own or control, you may file notice of such infringement, in compliance with the requirements of 17 U.S.C. 512(c)(3), with our designated agent using the Contact Form. A copy of this legal notice may be sent to a third party that may publish and/or annotate it. As such, your letter, with your personal information redacted, may be forwarded to the Chilling Effects Clearinghouse for publication.
Foreign Users We make no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from outside the United States, please understand that this Website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntarily sought and established contact with us; (ii) they will not use, transmit, disseminate, or upload any material or content that would violate any applicable local, state, or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall we be deemed liable under any laws other than those of the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) they consent to having their data processed in the United States.
Governing Law This agreement will be construed, enforced, and governed in accordance with the laws of the State of Illinois without regard to any conflict of law principles. The state or federal courts in Cook County, Illinois will have exclusive jurisdiction and venue over all controversies in connection with this agreement, and you hereby consent to such exclusive and personal jurisdiction and venue. Any claim you may have against us must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys’ fees in any proceeding.
Binding Arbitration The parties agree to submit any dispute arising out of or in any way relating to this Site to binding arbitration conducted by a single arbitrator under the Commercial Rules of the American Arbitration Association (“AAA”) in Cook County, Illinois, rather than a proceeding in a court of law. The arbitration award shall be in writing, and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.
Notice of Claim For all disputes you may have, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute by providing written notification using the Contact Form stating: (i) your name, (ii) your address, (iii) a written description of your claim, and (iv) a description of the specific relief you seek.
No Class Actions To the extent allowed by law, you and we each agree to waive any right to pursue disputes on a consolidated or class-wide basis.
Severability If any provision of this Agreement is found to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable.
Relationship of the Parties The relationship between you and us is and shall be that of independent contractors.
Termination We reserve the right at any time and on reasonable grounds, including but not limited to suspected fraud, illegal activity, or actions that violate any term or condition of this Agreement, to terminate this Agreement with you to protect our name, business, or goodwill and/or any other user.
California Consumer Notice Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
Entire Agreement This Agreement, along with our Privacy Policy, represents the entire agreement between you and us regarding the subject matter herein.
Miscellaneous The headings contained in this Agreement are for convenience of reference only If you have questions, comments, concerns, or feedback regarding this Agreement or our services, please contact us at pure@puremedicalspa.us If you have questions, comments, concerns, or feedback regarding this Agreement or our Services, please contact us at pure@puremedicalspa.us
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