Terms and Conditions

Please read the following very carefully to ensure you understand each provision.

 

Last Updated August 23, 2019

 

We (the founding parents at Pure Palate) are on a mission to make it easier to develop lifelong healthy food preferences in our children. We hope you love using our products and services (from our portfolio of delicious first foods and mini meals, to our coaching services to simplify and support your journey) as much as we enjoyed creating them.   These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. support@pure-palate.com

 

These Terms & Conditions (“Terms”) are a legal contract between You and Pure Palate, LLC, including all subsidiaries and other affiliates (collectively, ” Pure Palate “, the “Company”, “we”, “us”, or “our”).

 

By accessing or using the websites, mobile applications or blogs, including but not limited to our Facebook, Instagram, Twitter, Pinterest and other social media or interactive pages provided by Pure Palate that link to these Terms (collectively, the “Site” or “Sites”), or by using our baby food delivery service and / or our first foods coaching services (collectively, the “Service” or “Services”), you agree to be bound by these Terms including all of the terms and conditions incorporated herein by reference, and our Privacy Policy. If You do not agree to these Terms, You may not access or use the Sites or order, receive or use Pure Palate Services or any food or other products made available through the Sites (collectively, the “Product” or “Products”).

 

BY USING THESE SERVICES YOU AGREE AND WILL BE DEEMED TO BE BOUND BY THESE TERMS.  

 

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN CIVIL LAWSUITS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

 

  1. HEALTH DISCLAIMER

 

YOUR CHILD’S HEALTH AND WELLBEING ARE OF CRITICAL IMPORTANCE TO ALL OF US AT PURE PALATE, SO PLEASE ENSURE YOU READ AND UNDERSTAND THE FOLLOWING: 

 

BEFORE STARTING ANY FIRST FOODS AND/OR FEEDING PLAN FOR YOUR CHILD, YOU SHOULD ALWAYS OBTAIN THE APPROVAL OF YOUR CHILD’S PRIMARY PHYSICIAN.  

 

YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES OR MEDICAL CONDITIONS THAT YOUR CHILD MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.  FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS IN A FACILITY THAT HANDLES ALL (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS CONTIMATION WILL NOT OCCUR BETWEEN PRODUCTS.

 

If you suspect that your child may be allergic or has an allergic reaction or is having some other adverse health event, immediately contact your healthcare provider or call 911 in the event of a medical emergency.

 

Pure Palate may provide health information solely as a convenience to you, to assist with your understanding of the palate development process and first foods journey.  

 

Under no circumstances is this information to be viewed as medical advice, nor any health outcomes to be perceived as guaranteed. By purchasing from Pure Palate you acknowledge that Pure Palate makes no express or implied statements, representations, claims or guarantees for any specific dietary or health-related results.  

 

Pure Palate meals are not medical foods or intended for use in medically supervised programs.  If your child has a medical condition, including but not limited to a food allergy, you must obtain the approval of your child’s physician prior to starting a program.

 

 

  • YOUR ACCOUNT

 

 

To use our services you must submit an application and become a subscriber, and you agree to provide Pure Palate with complete and accurate information when you register for an account. You must be 18 years of age or older and legally capable of entering into binding contracts in order to apply, and we may accept or reject your application in our sole and absolute discretion. Additionally, the services are intended for use by individuals to the State of Texas of the United States of America (“Serviced Area”). At this time, we do not accept orders from individuals outside the Serviced Area. As such, by placing an Order through our website or mobile application, you also warrant that you are a resident of tge Serviced Area; and are accessing the website or mobile application, from the Serviced Area. Pure Palate reserves the right to refuse service, terminate accounts and services, or cancel orders in our sole and absolute discretion based on any violation of Section 2.

If approved, you will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure. You are responsible for maintaining the security of your account and any Service-related content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We are not responsible for unauthorized access to your account. You must immediately notify Pure Palate of any unauthorized uses of your account, or of any other breach of security.

 

  • COMMUNICATIONS  

 

When you create a pure-palate.com account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. If you are not interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.

When you use your pure-plate.com account or send e-mails, text messages, and other forms of electronic communication, you consent to receive communications from Pure Palate electronically. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that Pure Palate provides to you electronically satisfy any legal requirement that such communications be in writing.

 

  • TERMS OF SALE

 

4.1 Subscriptions

4.1.1 Subscriptions.  We offer different subscription plans for our Products (each, a “Subscription”). For more information about our Subscriptions, please visit the Personalize Your Plan section on our website.  Note that we do not currently deliver Products to every location, so please visit our Personalize Your Plan section to see if we deliver to your area.

4.1.2 Continuous Subscriptions. The first time that you sign up for a bi-weekly subscription to Pure Palate Services and Products (the “programs”), You are immediately charged for the first 14 days of the bi-weekly Program.   Every other week (excluding those you choose to skip in accordance with the Agreement) you will receive a package from Pure Palate including the contents of your chosen Program (each a “Delivery”). You can find specific details regarding your program and the Pure Palate Service (“Account”) by accessing the Site and accessing your Account details. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) PURE PALATE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTOMATICALLY AUTHORIZED TO CHARGE YOU ON A BI-WEEKLY BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT PURE PALATE WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. YOU MAY SKIP YOUR BI-WEEKLY ORDER AS OFTEN AS YOU’D LIKE BY EMAILING US AT SUPPORT@PURE-PALATE.COM (PLEASE WRITE “SKIP DELIVERY” IN THE SUBJECT LINE), PROVIDING YOU LET US KNOW BY THE WEDNESDAY PRIOR TO YOUR DELIVERY DATE BY 11:59 PM CST.

4.1.3 Cancellation Policy.  CANCELLATION POLICY. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. AFTER YOUR FIRST ORDER, YOU MAY CANCEL BY EMAILING US AT SUPPORT@PURE-PALATE.COM (PLEASE WRITE “CANCEL” IN THE SUBJET LINE) AND FOLLOWING THE INSTRUCTIONS YOU RECEIVE. YOU MAY CANCEL AT ANY TIME, BUT IF YOU CANCEL AFTER THE WEEKLY CUTOFF (THE WEDNESDAY PRIOR TO YOUR SCHEDULED DELIVERY DAY, BY 11:59 PM CST), YOU WILL STILL RECEIVE, AND BE CHARGED FOR, THE NEXT WEEK’S SHIPMENT. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.

In the event you cancel your Subscription, please note that we may still send you promotional communications about Pure Palate, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

4.2 Plan, Product and Price Changes

Pure Palate may change the price of a plan, or products within, from time to time (for example to accommodate for a significant change in cost of goods, or seasonality and availability of particular ingredients), in its sole discretion, and will communicate any price or Plan changes to you in advance in accordance with the “Communications” section of the Terms.  Price and Plan changes will take effect as of the next billing period following the date on which Pure Palate provides notice to you of the price or Plan change. Continuing to use the Pure Palate Services and Products any time after the effective date of a price or Plan change constitutes Your acceptance of such price or Plan change. 

YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. 

4.2.1 Refunds. If you are not happy with a Product for any reason, please contact our customer service team within 24 hours of delivery at support@pure-palate.com, and we will either replace the product at our own expense, or depending on the circumstances, issue a full or partial credit for the product.  We may ask that you return the Product to us, or send photographic images of the reason for your dissatisfaction to help Pure Palate better understand the cause, before we issue a credit or refund.  While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.

4.2.2 Resale and Usage

You are not permitted to resell or otherwise use the Products for any commercial purposes. The programs and products available on the site are for personal use only.  Ordering our products for any commercial purpose, including but not limited to, competitive analysis, research, testing, sampling, or evaluation, as determined by Pure Palate’s sole and absolute discretion, is strictly prohibited and a violation of our terms. We reserve the right, with or without notice, to cancel your order, change your order, or reduce the quantity of product ordered, in our sole and absolute discretion, if we determine your order violates Section 4.1.6.    

 

4.3 Gift Cards

4.3.1 Redemption; Balance

Pure Palate may provide gift cards from time to time in connection with specific promotions (each, a “Gift Card”). The terms and conditions applicable to Gift Cards will be those set forth on the Gift Card or those terms on the Sites that are specifically referred to in connection with such Gift Card or promotion. Unless otherwise expressly indicated, Gift Cards may only be used to redeem subscription services from Pure Palate. Gift Cards may not be reloaded, resold, transferred or valued or redeemed for cash, unless otherwise required by applicable law. No portion of the balance on your Pure Palate Gift Card may be transferred to another Pure Palate account.

Our Pure Palate Gift Cards may require the recipient to set up a Pure Palate account. In such cases, the recipient of a Gift Card will be required to provide a credit card (or other approved payment method) when redeeming the Pure Palate Gift Card to cover recurring subscription fees that exceed the amount of the Gift Card in addition to any applicable taxes and other charges. For more information about our subscriptions, cancellation policy and recurring charges please refer to the respective sections in our Terms & Privacy. No taxes are charged on the purchase of Pure Palate Gift Cards.  Applicable taxes may be charged when Pure Palate Gift Cards are redeemed. Certain products, including those that are not available on a subscription basis, may not be available for purchase with a Pure Palate Gift Card.

Unless otherwise expressly indicated, purchases made with your Gift Card will be deducted from your Pure Palate Balance. Any unused Pure Palate Balance will remain associated with your Pure Palate account, but if a purchase exceeds your Pure Palate Balance, you must pay the remaining amount with a credit card (or other approved payment method).

4.3.2 Limitations; Restrictions; Risk of Loss

Gift Cards are non-refundable. We are not responsible for any lost, stolen or destroyed Gift Card or use by someone other than yourself or the intended Recipient. These Gift Card terms are subject to change without notice at any time and in our sole discretion. Pure Palate Gift Cards are void where prohibited.

Use of Gift Cards for unauthorized advertising, marketing, sweepstakes or other promotional or commercial purposes is strictly prohibited. Pure Palate Gift Cards may not be combined with certain promotional offers. We reserve the right to refuse Pure Palate Gift Card sales to anyone and limit how many Pure Palate Gift Cards an individual may purchase or redeem.  If we suspect that a Pure Palate Gift Card is obtained, used or applied to a Pure Palate account fraudulently, unlawfully or otherwise in violation of these Gift Card Terms, we reserve the right to void Pure Palate Gift Cards or any component of your Pure Palate Balance, close your account, and bill alternative forms of payment.

4.3.3 Expiration

Unless otherwise expressly indicated, Gift Cards do not expire or decrease in value if you do not use them. We do not charge activation, service charges or dormancy fees.

 

 

  • DELIVERIES, FOOD STORAGE AND HANDLING 

 

 

5.1 Deliveries 

 

We hand-deliver your foods on a bi-weekly basis, at no additional cost to you, within a set window as indicated in your Order.  Someone MUST be available to receive the foods and immediately place within freezer storage (<0°F) upon receipt, to ensure the quality and integrity of the Products. You are responsible for inspecting all Products you receive from Pure Palate for any damage or other issues upon delivery. In addition, you are solely responsible for confirming that the Products you receive are frozen. 

If at any time you believe that the Product in your delivery is not suitable for consumption, contact Pure Palate at support@pure-palate.com

To maintain the quality and integrity of the Products, we recommend that you immediately freeze all Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on frozen food storage and food safety. 

From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe handling, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling.

If you or a designated receiver is not available when your delivery arrives, the courier will not leave the Products at your address, but will return them to our facility after which you can arrange re-delivery (standard re-delivery fees will apply).   If we are unable to reschedule the order for any reason, the order will be canceled and you will be charged the applicable fee for the order. Any person at the delivery address who accepts a delivery from Pure Palate is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Product is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.

5.2 Food storage and handling

Food must remain frozen (stored at <0°F) until intended use.  For optimal flavor and nutrition we recommend using within three (3) months, but note that under proper frozen storage conditions, quality of baby food will maintain for up to six (6) months. Once thawed, our products must be consumed within 48 hours. These instructions should be strictly followed and products should be discarded after that time.  

 

We recommend that you familiarize yourself with and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety (found here), and freezing and food safety (found here).

 

We also recommend that you follow the USDA’s instructions on safe food handling (found here)

.

Pure Palate recommends  thawing food in the refrigerator overnight (38 degrees Fahrenheit or below), or in a microwave.

 

If thawing and warming in a microwave, serve immediately (after checking temperature) or store in an FDA-approved insulated food storage container for the time indicated by the storage container’s manufacturer.  

 

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE STORAGE, REGRIGERATION AND / OR FREEZING, HANDLING, PREPARATION, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. 

YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES OR MEDICAL CONDITIONS THAT YOUR CHILD MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.  FURTHER, YOU UNDERSTAND, ACKNOWLEDGE (AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS IN A FACILITY THAT HANDLES ALL (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS CONTIMATION WILL NOT OCCUR BETWEEN PRODUCTS.)

 

 

  •  FORCE MAJEURE

 

 

We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. 

 

Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.

 

 

  • RESPONSIBILITY OF VISITORS AND USERS

 

We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, comments, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:

    • We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
    • If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
    • We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
    • Any Content offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
    • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
    • Please note that additional third-party terms and conditions may apply to the downloading, copying, purchase, or use of Content.

We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, pure-palate.com or our other Services. For example:

    • We do not have any control over those websites and are not responsible for their contents or their use.
    • The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
    • You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
    • We disclaim any responsibility for any harm resulting from non-pure palate websites.

 

  • GENERAL REPRESENTATION AND WARRANTY

 

You represent and warrant that your use of our Services:

    • Will be in strict accordance with these Terms;
    • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
    • Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
    • Will not infringe or misappropriate the intellectual property rights of any third party;
    • Will not overburden Pure Palate’s systems, as determined by Pure Palate in our sole discretion;
    • Will not disclose sensitive personal information of others;
    • Will not be used to send spam or bulk unsolicited messages;
    • Will not interfere with, disrupt, or attack any service or network; and
    • Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.

 

  • COPYRIGHT INFRINGEMENT AND DMCA POLICY

 

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a Pure Palate product or service violates your copyright, please notify Pure Palate in accordance with Pure Palate’s Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pure Palate or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

 

  • INTELLECTUAL PROPERTY

 

The Agreement does not transfer from Pure Palate to you any Pure Palate or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Pure Palate. Pure Palate, pure-palate.com, the Pure Palate logo, and all other trademarks, service marks, graphics, photography, images, and logos used in connection with Pure Palate or our Services, are trademarks or registered trademarks of Pure Palate or Pure Palate’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Pure Palate or third-party trademarks.

 

 

  • THIRD PARTY SERVICES

 

In using the Services, you may enable or use services (like consultations with our partner pediatric dietitians), products, software (like plugins for booking consultation appointments), embeds, or applications developed by a third party (“Third Party Services”). If you use any Third Party Services, you understand that:

    • Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
    • Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
    • Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data, for example, via a pixel or cookie. If you use the Third Party Service or grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
    • Third Party Services may not work appropriately, and we may not be able to provide support for issues caused by any Third Party Services.
    • If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from our website.

 

  • CHANGES

 

We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Pure Palate, or by the posting by Pure Palate of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

 

  • TERMINATION

 

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Pure Palate policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

If you wish to terminate the Agreement or your pure-palate.com account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Terms of Sale section in these Terms.

All provisions of the Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

  • DISCLAIMERS

 

OUR SERVICES ARE PROVIDED “AS IS.” PURE PALATE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER PURE PALATE, NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT OUR SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, OUR SERVICES AT YOUR OWN DISCRETION AND RISK.

WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. 

IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. 

A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

 

  • JURISDICTION AND APPLICABLE LAW

 

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Harris County, Texas.

 

  • ARBITRATION AGREEMENT

 

Most disputes can be settled quickly and to the customer’s satisfaction through our customer services team, who can be reached at support@pure-palate.com.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute unable to be resolved through customer support, and arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Houston, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

 

  • LIMITATION OF LIABILITY

 

In no event will Pure Palate, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Pure Palate under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Pure Palate shall have no liability for any failure or delay due to matters beyond their reasonable control, such as conditions outlined in Section 6. The foregoing shall not apply to the extent prohibited by applicable law.

 

  • INDEMNIFICATION

 

You agree to indemnify and hold harmless Pure Palate, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user’s website.

 

  • MISCELLANEOUS

 

The Agreement constitutes the entire agreement between Pure Palate and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Pure Palate. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. Pure Palate may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.