Terms of service
Terms and Conditions of Sale
Web Site
THIS IS A LEGALLY BINDING AGREEMENT.
The Terms of Service (“Terms”) is an agreement between you (“you” or “Customer”) and Pure Nootropics LLC (“the Website”, “web site”, “us”, or “we”), and governs how you may use this website (www.purenootropics.net).
THESE TERMS OF USE DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY ACCESSING OR USING THE WEBSITE OR SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT INCLUDING ANY additional policies referenced herein and/or available by hyperlink.
If you do not agree and/or no longer agree to be bound by these Terms and Conditions, you may not use, and must immediately cease your use of, the Website. When you access this site, you also acknowledge that you have read and agree to abide by the terms described in our Return Policy and Privacy Policy which are incorporated herein by reference.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Definitions
“Seller” means Pure Nootropics, LLC. “Buyer” means the legal entity purchasing Goods from Seller. “Goods” means the products offered by Seller and/or purchased by Buyer. “Offer” means any quote, proposal, or offer to sell Goods provided by Seller to Buyer. “Order” means any purchase order or similar instrument issued by Buyer to Seller to purchase Goods.
Acceptance
You consent and agree that your use of a keypad, mouse or other device to select an item, button, icon, checkbox, to enter text, or to perform a similar act/action, while using our sites, for the purpose of accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, including without limitation of the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) acceptance and agreement as if actually signed by you in writing. Be advised that all activity and IP address information may be monitored. The right to use any product or service you purchase from us is personal to you and is not transferable to any other person or entity.
All sales are subject to and expressly conditioned upon the terms and conditions contained herein, and upon buyer’s assent thereto. No variation of these terms and conditions will be binding upon seller unless agreed to in writing and signed by an officer or other authorized representative of seller.
Changes to Terms of Service & Site Modifications
Pure Nootropics, LLC reserves the right to modify or discontinue, temporarily or permanently, the PureNootropics.net web site as a whole and/or any or all of the web site features, products, prices of products, services or information appearing on, or available through, any or all of the web site with or without notice to you. You agree that Pure Nootropics, LLC shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the web site or the web site itself. Additionally, we reserve the right to make changes to the usage terms and conditions, the policies and conditions that govern the use of our web site and/or an individual’s access to this site at any time, or to terminate this site without notice.
Buyer’s Intended Use
By making any use of our Website, Services, and any purchase from us, you expressly agree to the terms contained herein.
You represent that you are at least the age of majority in your state or province of residence, or that You are the age of majority in your state or province of residence.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
All products not labeled as a “dietary supplement” (which can be seen clearly on the product label) sold by the Seller on this website are intended primarily for research purposes and are not to be used for any other purposes, including but not limited to, in vitro diagnostic purposes, in foods, drugs, medical devices or cosmetics for humans or animals or for commercial purposes.
No products purchased from Seller shall, unless otherwise stated, be considered to be foods, drugs, medical devices or cosmetics. Buyer acknowledges that the products have not been tested by Seller for safety and efficacy in food, drug, medical device, cosmetic, commercial or any other use, unless otherwise stated in Seller’s literature furnished to Buyer. Buyer expressly represents and warrants to Seller that Buyer will properly test and use any products purchased from Seller in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable laws and regulations, now and hereinafter enacted.
Buyer further warrants to Seller that any material produced with products from Seller shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act and shall not be materials which may not, under Sections 404, 505, or 512 of the Act, be introduced into interstate commerce. Buyer agrees to comply with instructions, if any, furnished by Seller relating to the use of the products and not misuse the products in any manner. Buyer will verify Seller’s assay of the products. The Buyer agrees not to resell any of the products purchased from the Seller without written authorization from the Seller. The Buyer, nor any other business or individual, is permitted to represent themselves as Pure Nootropics, LLC.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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 numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Jurisdiction, Venue and Choice of Law
You agree that regardless of where You may reside, any controversy or claim against Seller, its officers, directors, or employees shall be addressed and resolved within Bernalillo County in the State of New Mexico and will be subject to the laws and procedural rules of that county and state.
Dispute Resolution by Binding Arbitration and Class Action Waiver
You agree that any controversy or claim arising out of or relating to the use of the website or the sale of goods or services shall be settled by arbitration administered by the American Arbitration Association with a single-arbitrator panel in accordance with AAA’s commercial arbitration rules. You also agree to refrain from pursuing or joining any class or collective action. The place of arbitration shall be within Bernalillo County in the State of New Mexico, and any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s compensation and administrative fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. If You are an International Buyer outside the United States of America, You agree that all of the foregoing provisions apply to You except that arbitration shall be conducted in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution in the English language.
Liability Restrictions
You agree that Pure Nootropics, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the web site or any services, products or information obtained on or through the Website, even if Pure Nootropics, LLC has been advised of the possibility of such damages, including, without limitation, damages from: personal injury; cost of procurement of substitute goods and services any goods or services purchased or obtained or transactions entered into through or from the web site; and/or loss of profits, use, data or other intangible losses.
Limitation of Actions
Any claim or cause of action arising out of your use of the Website must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.
FDA Disclaimer
The statements on this site have not been evaluated by the United States Food and Drug Administration. Any products are not intended to diagnose, treat, cure, or prevent any disease. Individual results will vary so before starting any new diet and exercise program please check with your doctor and clear any exercise and/or diet changes with them before beginning. We are not physicians, and strongly recommend that you consult your doctor BEFORE you use our products or services. We are happy to answer any questions that your doctor may have about our products and services.
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 or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. 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 or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the product pages or on any related website, including without limitation, pricing information, except as required by law. You agree that it is your responsibility to monitor changes to our site.
Company attempts to be as accurate as possible regarding the Content provided on the Website, especially with regard to Product Descriptions on product sales pages. However, the Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Company itself is not as described, your sole remedy is to return it in unused condition.
The Content provided on this website is not intended to be a replacement for professional medical advice, treatment or diagnosis. Never ignore the advice of a medical professional or delay in attaining professional advice because of information or impressions you gather on this website. Choosing to rely on any information provided by the Content of this website is solely at your own risk. The substantiating references are not meant to imply that any of our products treat, cure, or diagnose any disease or human condition. References are intended for research and informational purposes only and do not represent the entire body of knowledge available on the subject(s) referenced; nor do they represent all possible outcomes associated with the subject(s) referenced including, but not limited to, adverse effects, precautions, or chemical interactions within the human body. We encourage our audience to do their own research beyond the resources we have provided so your decision is as educated as possible.
Some items we sell do not meet the definition of a dietary ingredient under section 201(ff)(1)(A-F) of the Act [21 U.S.C. § 321(ff)(1)(A-F)] in that they are not a vitamin, a mineral, an herb or other botanical, an amino acid, or a dietary substance for use by man to supplement the diet by increasing the total dietary intake. Additionally, these items are not a concentrate, metabolite, constituent, extract, or combination of a dietary ingredient.
WARNING: Do not use any of these products if you are pregnant or nursing. Discontinue use and see your healthcare practitioner if you experience dizziness, tremors, sleeplessness, headache, heart palpitations or tingling sensations. Refrain from use if you are at risk or are currently being treated for high blood pressure, psychiatric, liver, heart or thyroid disease, diabetes, anxiety, depression, seizure disorder, pernicious anemia or difficulty in urination due to enlarged prostate. See your healthcare practitioner before use if you are taking any prescription drug or MAO inhibitor. Keep all products out of the reach of children. None of these products are intended for use by persons under the age of 18, unless approved by a healthcare practitioner.
THIRD-PARTY LINKS
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 and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click the privacy policy link in our footer menu.
MISCELLANEOUS
Severability
In case any provision in these Terms and Conditions shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
Headings
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our website or any related website for violating any of the prohibited uses.
Indemnification
You agree to indemnify, defend and hold harmless Pure Nootropics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Copyright & Trademark
All material on this Website, including design, text, images, logos and sounds, are owned by Pure Nootropics or a third party that licenses said property to Pure nootropics, either through copyright or trademark, unless otherwise indicated. All rights are reserved by Pure Nootropics and any 3rd party owners of said property. Content may not be copied, reproduced, transmitted, distributed, downloaded or transferred in any form or by any means without Pure Nootropic's prior written consent, and with express attribution to Pure Nootropics.
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 or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of our website and products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.