TERMS AND CONDITIONS
Last updated: 7/8/2022
IMPORTANT NOTICE REGARDING ARBITRATION: PLEASE NOTE THAT CLAUSE 17 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND PURDORI AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU AND PURDORI WAIVE ANY RIGHT TO PARTICIPATE IN CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW CLAUSE 17 CAREFULLY FOR DETAILS REGARDING ARBITRATION AND CLASS ACTION WAIVER. YOU HAVE THE RIGHT TO OPT-OUT OF ARBITRATION AS EXPLAINED IN THE ARBITRATION CLAUSE.
doing business as Purdori, a limited liability company incorporated under the laws of the State of New York (“Company,” “we,” “us” or “our”). These Terms governs your use of the services and features offered through the Site, including your purchase of our products and services.
- Your Agreement To These Terms
- No Medical Advice
- Account Registration
- Prices, Shipments, Delivery, Title, And Risk of Loss
- Information and Products Display
- Fraud Protection
- Your Content
- Notice of Intellectual Property Infringement
- Our Intellectual Property Rights
- Third-Party Links and Content
- Acceptable Use Policy
- Dispute Resolution, Arbitration, And Class Waiver
- Choice of Law & Venue
- Disclaimers and Limitations of Liability
- California Civil Code Section 1789.3 Notice
- Other Terms
1. Your Agreement to These Terms
YOU MAY NOT USE OUR SITE IF YOU DO NOT AGREE TO THESE TERMS
Certain services or products may be subject to additional or separate terms and conditions. All such terms and conditions are hereby expressly incorporated herein by reference. If there is a conflict between these Terms and such other terms and conditions, such other terms and conditions shall control.
You must be at least the age of majority in your jurisdiction to use our Site (generally 18 or above). All users who are minors in the jurisdiction in which they reside are not permitted to register for an account, purchase products, or use any other services offered on our Site.
You also cannot access or use our Site, or purchase any products or services if doing so will violate any applicable local, state, and national laws and regulations.
3. No Medical Advice
The information provided for our products or services on our Site, including, but not limited to, their descriptions and materials, is intended to be used for personal, educational, and informational purposes only. Any statements, materials, and products sold on our Site are not intended to be used for medical purposes and are not intended to diagnose, treat, cure, or prevent any condition or disease.
Our Site is not intended to be used as medical advice and the Company cannot provide any answers to medical-related questions. Your doctors should address any of your medical concerns and decisions regarding the possible treatment of any medical condition. We do not, expressly or impliedly, represent ourselves as a physician.
All products must be used strictly according to their instructions, precautions, and guidelines. You should always consult with your doctor regarding your use of our products and always check the ingredients of the products to avoid any potential allergic reactions.
4. Account Registration
- Registration. While you may use our Site without an account, certain services of our Site may require you to register an account with us. If you decide to register for an account, you may need to provide your name, username, e-mail, password, and other information such as address and phone number.
- Accuracy of Information. When registering for an account, you must provide us with true, complete, and accurate information. You are also responsible for keeping your information true, complete, and accurate at all times. You may not transfer, sell, assign, sublicense, or otherwise permit any other person to use or access your account without our prior written approval, except as permitted by these Terms.
- Security. You are responsible for the security of your account and are fully responsible for all activities that occur using your account. You must notify us immediately if you suspect or know of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from unauthorized use of your account.
- Termination, Suspension, or Restriction. We reserve the right to terminate, suspend or restrict your access to your registered account, or any actions we deemed necessary, with or without reasons and without notice to you.
5. Prices, Shipments, Delivery, Title, And Risk of Loss
- Prices. The prices posted on our Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Unless otherwise specified, posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be calculated and added to your total when you check out.
- Discount Code/Coupon/Voucher. If you have a discount code, coupon or voucher for a purchase or particular product (collectively, “Discount Code”), you must use the Discount Code prior to checkout or it cannot be applied to your purchase total. No modification or cancellation will be honored once your order has been placed. All Discount Codes must be applied before checkout and expiration. All Discounted Codes are not redeemable for cash or credit.
- Purchase & Order Confirmation. Once you place your order and complete the checkout process, you will receive your order confirmation. We recommend you print and save a copy of the confirmation page for record. Please note that we reserve the right to refuse, cancel, decline, or place quantity or other limits on your order for any reason after receiving your order.
- Payment. Payments are due immediately at checkout unless otherwise specified. We must receive payment before we accept an order. However, we may charge you after we have shipped your order.
- Shipments. We will arrange for the shipment of the products to you according to the delivery address specified by you during the order process. We are not responsible for any loss of the products following shipment to your delivery address. Please check our shipping options at the checkout. Unless we offer free shipping, you will be required to pay all shipping and handling charges specified at checkout.
- Risk of Loss. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delay in shipments. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- Returned Orders. You are solely responsible for any charges or fees arising from returned orders due to incorrect address, refused or undeliverable orders. We will only refund the product price if a package is returned to us. Shipping and handling charges are non-refundable.
- Returns & Exchanges. Please read our Returns & Exchanges Policy.
6. Information and Products Display
- Errors & Inaccuracies. While we will try our best to ensure the information on our Site is as accurate as possible, there may be situations where information on our Site may contain typographical errors, inaccuracies, or omissions that may relate to pricing, promotions, offers, product descriptions, shipping charges, transit time and availability. In that case, we will notify you as soon as practicable and reserve the right to cancel your order.
- Color and Products Display. We will also make all reasonable efforts to accurately display our products' attributes and their colors. However, the products you purchase from our Site may differ slightly from their photos. The photos of the products on our Site are for illustrative purposes only, and we cannot guarantee that what you see on your phone, browser, computer, or any other devices will accurately reflect the color of the products.
7. Fraud Protection
We reserve the right to reject or cancel any orders or refuse to sell you any services or products, even after you have received our order confirmation, if we determined or suspect that your order(s) or use of our Site are unauthorized, erroneous, fraudulent, or unlawful.
We may run sweepstakes, contest, games or other promotional offers on our Site from time to time (“Promotional Event”). Any Promotional Event available on our Site are governed by specific rules and/or terms and conditions. By entering or participating in a Promotional Event on our Site, you will be subject to those rules and/or terms and conditions. It is important that you read the applicable rules and/or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the Promotional Event will govern for that program, but only to the extent of the conflict. Any Promotional Event made available or advertised on third party sites accessible from our Site (such as those of social media partners like Facebook and Instagram), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on our SIte, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.
10. Your Content
- Your Content. Our Site may offer features such as message boards, blog feeds, social media feeds, online forums, and other interactive functions (collectively, “Forums”), to which you may be able to interact with other users or submit text, suggestions, reviews, feedback, concepts, comments, messages, photos and videos, artwork, or other materials to the Forums (“Your Content”). You understand that Your Content will not be treated as confidential or proprietary, and your submission is solely voluntary.
- Our Rights to Use Your Content. You own all rights to Your Content. You irrevocably grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable and sub-licensable right to use, reproduce, distribute, modify, adapt, publish, translate, create derivative works of, exploit, and publicly display Your Content without restriction and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Your Content, whether in part or in whole, in all formats and in all media now known or hereinafter discovered.
- Your Representation and Warranties. You represent and warrant to us that you own or have the rightful authority or license to submit Your Content to our Site and to grant us the licenses and rights under this section.
- Our Right to Remove Your Content. We are under no obligations to use or monitor Your Content and you are solely responsible for Your Content. In our sole discretion, we reserve the right to remove any of Your Content with or without reason and without notice to you.
11. Notice of Intellectual Property Infringement
We respect copyright law and expect our users to do the same. We have adopted and implemented a policy that, in appropriate circumstances, terminates a user account who is deemed to infringe (or repeatedly infringe) third-party intellectual property rights and/or removes user content deemed to be infringing. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Purdori will respond expeditiously to claims of copyright infringement committed using our Site that are reported to Purdori’s Designated Copyright Agent identified in the sample notice below.
If you believe that your copyrighted material may have been infringed, please provide Purdori’s Designated Copyright Agent with the following information in writing:
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on our Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Purdori DMCA Agent Contact InformationPurdori LLC
450 7th Ave Suite 1509
New York NY 10123
12. Our Intellectual Property Rights
As between you and Purdori, all content, software, copyrights, trademarks, patents, service marks, logo, art, text, images, photos, video, audio, music, visual interfaces, interactive features, graphics, design on and “look and feel” of our Site, products, and services, and all intellectual property right related thereto are owned by or licensed to Purdori (“Our Content’). Our Content is subject to copyright, trademark and other intellectual property rights under the United States laws, foreign laws, and international conventions.
These Terms do not grant you any right, title, or interest in our Site or Our Content. You understand and agree that you may not modify, reproduce, distribute, create derivative works or adapt of, publicly display or in any way exploit any of Our Content, in whole or in part, except as expressly authorized by us or permitted by laws.
Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable, and non-sublicensable license to access and use our Site and Our Content solely for your own personal, non-commercial use and enjoyment of our Site, products and services. We reserve all rights not expressly granted to you by these Terms.
13. Third-Party Links and Content
Our Site may contain links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We don’t own, control, or endorse those websites, and we assume no responsibility for the law compliance, practices, or accuracy of those websites. You should read the terms and conditions of any linked website. Your use of other websites is entirely at your own risk.
14. Acceptable Use Policy
You agree not to use our Site, products, or services to engage in illegal, fraudulent or other wrongful conduct, including, but not limited to the following:
- Impersonating or misrepresenting your affiliation with any person or entity, including us, or misusing another person’s information in your account information;
- Using an individual account for a commercial purpose;
- Infringing the intellectual property, moral rights, rights of publicity, privacy or other legal rights of third parties;
- Violating or encouraging any conduct that would violate any applicable law or regulation or would give rise to civil liability;
- Using, display, mirror, frame, or utilize framing techniques to enclose our Site or any individual element or materials within our Site, our name(s), any of our trademarks, logos or other proprietary information, the content of any text, or the layout and design of any page or form contained on a page, without our express written consent;
- Attempt to gain unauthorized access to our Site, user accounts, computer systems, or networks connected to our Site through hacking, password mining, or any other means;
- Use our Site or any content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature;
- Use any device, software, or routine that interferes with the proper working of our Site, or otherwise attempts to interfere with the proper working of our Site;
- Use our Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, our Site or content;
- Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of our Site, features that prevent or restrict the use or copying of content, or features that enforce limitations on the use of our Site;
- Attempting to probe, scan, or test the vulnerability of any of our systems or networks, or breach any security or authentication measures;
- Circumventing any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect our Site or content;
- Interfering with or attempting to interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our Site;
- Accessing, retrieving, or indexing any portion of our Site for purposes of constructing or populating any chart, collection, or searchable database of reviews; and
- Recording, processing, or mining information about other users without their consent.
You agree to defend, indemnify and hold Purdori, its parents, subsidiaries, affiliates, and their respective officers, partners, agents, and employees harmless from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable attorney’s fees) in any way related to or arising out of: (i) your access to or use of our Site, products, or services ; (ii) Your Content; and/or (ii) your breach of these Terms.
We reserve the right, in our sole discretion, to discontinue any products or services, or to terminate or suspend our Site, in whole or in part, including terminating or suspending your registered account or your access to our Site, at any time for any reason or no reasons without notice to you. You agree that we will not be liable to you or to any third party for the consequence of such termination or suspension, or discontinuance of any products or services. In such an event, you agree that you will still be bound by your obligations under these Terms.
17. Dispute Resolution, Arbitration, And Class Waiver
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Informal Dispute Resolution. Most disputes can be resolved informally and through our customer service. In the event of any dispute, claim, or controversy (whether based on tort, contract, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to these Terms or the enforcement, breach, termination, interpretation, or validity thereof, or your use of our Site or our products (“Dispute”), you agree that you will first contact us by calling our customer service at 212-768-8890 or by sending us an e-mail to firstname.lastname@example.org, and provide a brief detail of your dispute and contact information (e.g., your name, phone number, and account information if applicable ) (“Notice”). Upon our receipt of your Notice, the parties will attempt in good faith to informally resolve the Dispute within 30 days from the date of receipt of your Notice.>
- Mandatory Arbitration. If the parties cannot resolve the Dispute through the Informal Dispute Resolution process stated above, then you agreed that you or we may submit the Dispute to a confidential binding arbitration proceeding as the sole means to resolve the Dispute. You agreed that the Dispute shall be exclusively submitted to and resolved and settled by JAMS confidential binding arbitration in accordance with the JAMS Streamlined Arbitration Rule and Procedure in New York City, New York. The Rule can be found at www.jamsadr.com. The arbitration will be conducted in English. The arbitrator will apply the laws of the State of New York in conducting the arbitration. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Payment of all filing, administration and arbitrator fees will be governed by JAMS’ applicable rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith.
- No Class Action. YOU AGREED AND ACKNOWLEDGED THAT ANY ARBITRATION OR COURT PROCEEDING WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU FURTHER AGREED THAT NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
- Intellectual Property Exception. Notwithstanding the foregoing, to the extent you violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners, or licensors, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to jurisdiction and venue in any such court for such purposes.
- 30-days to opt-out. You have the right to opt-out of mandatory arbitration by sending us a written notice of your decision to opt out within 30 days of (i) the effective date of these Terms; or (ii) the first date that you have used our Site that contained any version of these Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Your written notice must include your legal name, state of residence, phone number and email address. If you send us an opt-out notice, then the mandatory arbitration provisions in these Terms will not apply. IF YOU DO NOT SEND THIS OPT-OUT NOTICE, YOU AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISIONS IN THESE TERMS.
18. Choice of Law & Venue
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflict of laws. If the arbitration provision above permits, or when allowed under applicable laws, for the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of the court of competent jurisdiction located in New York City, New York. The parties further expressly exclude the application of the United Nations Convention for the International Sale of Goods to these Terms.
19. Disclaimers and Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF OUR SITE, INCLUDING ANY CONTENT, MATERIALS, AND INFORMATION MADE AVAILABLE TO YOU THROUGH OUR SITE; AND (II) ANY PRODUCTS OR SERVICES PURCHASED ON OUR SITE (INCLUDING THEIR USE OR MISUSE), WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATION AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AMOUNT YOU PAID US FOR THE PRODUCTS AND SERVICES DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM.
20. California Civil Code Section 1789.3 Notice
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
You can also visit https://www.dca.ca.gov/about_us/contactus.shtml for more information.
21. Other Terms
- Assignment. Neither these Terms nor any right hereunder may be assigned by operation of law or otherwise, in whole or in part, by you without prior written permission of the Company. Any purported assignment without such permission will be void. The Company may assign these Terms in whole or in part without notice.
- No Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision on our part.
- Severability. If any provisions of these Terms is found by a court of competent jurisdiction to be unlawful or unenforceable, the remaining portions will remain in full force and effect, and such unenforceable provisions shall be construed and enforced in a manner that most closely reflects the intent of the original language to the extent permitted under the laws.
- Third-Party Beneficiary. These Terms do not confer any rights, remedies, or benefits upon any person other than you and the Company, except that our affiliates are third-party beneficiaries of these Terms.
We may modify these Terms from time to time, in our sole discretion, without notice to you. However, if a modification reduces your rights in a meaningful way, we will notify you of such modification the next time you visit or use our Site. You should check these Terms regularly. You understand and agree that your continued use of our Site after any posted modification to these Terms indicates your acceptance of those modifications.
If you have questions regarding these Terms, our Site, or our products, please get in touch with us at