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  • Patient Direct - Terms of Use

Patient Direct Terms of Use

Last Updated: June 1, 2023

1. Acceptance and Modification of the Terms of Use

These Terms of Use apply to the Pure Encapsulations Pro website at https://www.pureencapsulationspro.com/ (the “Website”) and the Pure Patient Direct virtual dispensary at https://patientdirect.pureencapsulationspro.com/ (“Pure Patient Direct”) (collectively, the “Services”), owned and operated by Pure Encapsulations, a Nestlé Health Science U.S. brand, or its affiliates and subsidiaries (referred to herein as “Pure Encapsulations,” “we,” “us,” or “our” as applicable), and govern your access and use of the Services.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY USING THE SERVICES, YOU  ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.

We may modify these Terms of Use from time to time at our sole discretion. If we decide to modify these Terms of Use, we will notify you by making the revised version available on the Services and will indicate at the top of this page the date that revisions were last made. Any such changes will be effective upon our posting. You are responsible for staying informed of any changes and are expected to revisit this page from time to time, as revised versions will be binding on you. You understand and agree that your continued access or use of the Services following our posting of revised Terms of Use indicates your acceptance of and agreement to the changes. If you do not agree with the changes, you must stop accessing or using the Services.

2. Content for Information Purposes Only

As a condition of your use of the services, you agree that the INFORMATION AND CONTENT CONTAINED ON THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO PROVIDE YOU WITH MEDICAL ADVICE OR FOR REPLACING THE ADVICE OF A HEALTHCARE PROFESSIONAL. The information on the Services is not a substitute for medical care or for seeing or obtaining advice from a healthcare professional. You should not use the information available on the Services for diagnosing, treating, curing, or preventing a health problem or disease. Information and statements regarding dietary and other health care supplements on the services have not been evaluated by the Food and Drug Administration.

Pure Encapsulations is not engaged in rendering medical advice or services and submission of information to, and use of, the Services does not create a doctor-patient relationship. THE INFORMATION AND STATEMENTS PRESENTED ON THE SERVICES IS NOT INTENDED FOR TREATMENT OR DIAGNOSTIC PURPOSES. You should consult your doctor for medical advice or services, including seeking advice regarding a medical condition, illness, treatment and prior to using any supplements or making any changes in prescribed medications. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY HEALTHCARE PROFESSIONAL OR INFORMATION DELIVERED BY A HEALTHCARE PROFESSIONAL ABOUT THE SERVICES IS SOLELY AT OUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED HERE WITH. We do not make any representations or warranties about the training or skill of any healthcare professional who uses the Services or recommends the use of the Services to you.

3. Eligibility

In order to use the Services, you must meet a number of conditions, including but not limited to:

  • You must be at least eighteen (18) years of age.
  • You must be a patient of a Pure Encapsulations healthcare professional account who has invited you to participate.
  • You must provide us with true, accurate and complete personal information, payment information and other information that we deem necessary to provide you with our Services, and you are responsible for maintaining and promptly updating such information so it remains true, accurate and complete at all times.
  • You must not have been previously suspended or removed from the Services or have engaged in any activity that could result in suspension or removal from the Services.

4. Patient Registration, Account Security, and Communication Preferences

Use of the Services requires you to register for a patient account with Pure Patient Direct using the unique code provided by your healthcare professional when they invited you to participate (“Patient Account”) and specify a password. By creating a Patient Account, you agree to provide accurate, current, and complete information about yourself and to maintain and promptly update this information from time to time as necessary to keep it accurate, current, and complete. You agree that all information you provide to register for a Patient Account or otherwise including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You may register only one Patient Account. Any attempt to register more than one account may result in rejection of your order or termination of your Patient Account without prior notice. You may not share your Patient Account with anyone else. Healthcare professionals may not access a Patient Account on your behalf.

You are solely responsible for maintaining the confidentiality of your password and will be responsible for all usage or activity on your Patient Account including, but not limited to, the unauthorized use of your Patient Account by any person using your password and any purchases made by parties using your Patient Account, whether or not authorized by you. You acknowledge that your Patient Account is personal to you and agree not to provide any other person with access to the Services or certain areas or features of the Services using your email, password, or other security information, and to accept all risks of unauthorized access to your Patient Account and the information you provide to us. You agree to immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your Patient Account. We reserve the right to terminate your Patient Account at any time, in our sole discretion.

By creating a Patient Account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Services). These communications may include notices about your Patient Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

5. Right to Access and Restrictions of Use

Subject to the terms and conditions of these Terms of Use, and so long as your Patient Account is in good standing, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services solely for your individual personal use as a patient of a Pure Encapsulations’ healthcare professional account.

In addition to meeting the eligibility requirements above, you agree to comply with the following rules governing your use of our Services:

  • You shall not use the Services in connection with any commercial endeavors (specifically including the resale of products purchased through the Services).
  • You shall not engage in any unlawful or illegal, unfair, fraudulent, malicious, negligent, misleading, or deceptive practices, or which promotes any criminal activity or provides information about the same.
  • You shall not infringe on anyone’s intellectual property rights (including ours), defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
  • You shall not create a false identity or duplicative Patient Accounts for the purpose of misleading others, or impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or third party.
  • You shall not hack, crack, phish, SQL inject, or otherwise compromise the confidentiality, integrity, or availability of the Website, Services, or its users’ computers, including, without limitation, viruses, worms, time bombs, Trojan horses, or any other contaminating, harmful or destructive code, or use the Services in any manner that could disable, damage, or overburden the Services.
  • You shall not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, decompile, reverse engineer, create derivative works from, or otherwise exploit any content or information from the Services, in whole or in part, without our express written permission, including removing, deleting, altering, or obscuring any copyrights, trademarks, or other proprietary notices from any portion of the Services.
  • You shall not use any spider, bot or other automatic or manual device or process for the purpose of scraping, harvesting, compiling, indexing, surveying, or otherwise data mining information on the Services, including probing, scanning, testing the vulnerability of or breaching the authentication measures of, the Services or any related networks or systems.
  • You shall not permit any other person to access the Services using your Patient Account information for any purpose.
  • You shall not use the Services in connection with unsolicited communications, including but not limited to unauthorized advertising, junk, or bulk e-mail.
  • You shall not interfere with other users’ use of the Services, including, without limitation, spamming or otherwise using abusive tactics related to deter others from facilitating transactions.
  • You may not do anything else which, in our sole discretion, may bring us or any of our users into disrepute, endanger the business or safety of Pure Encapsulations, its affiliates, or any third party, or constitutes any use other than the non-commercial purposes for which you are authorized to access and use the Services.

Our provision of Services to you is contingent on your agreement with this and all other sections of these Terms of Use. We reserve the right to change or include new requirements as deemed appropriate in our sole discretion without providing prior notice to you. Any rights not expressly granted herein are reserved by us and our licensors.

6. Content and Intellectual Property

The Services, including the underlying software and technology, and the information and other materials contained therein, including, without limitation, all designs, text, software, technology, applications, sound, photographs, buttons, images, logos, video, and graphics, and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Pure Encapsulations and our affiliates and licensors, and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

Using the Services does not give you ownership of any intellectual property rights to the Content you access. You may download only material displayed and identified on the Services as specifically available for downloading. Such material is for non-commercial; personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. Except as set forth in these Terms of Use, you may not distribute, modify, transmit, reuse, repost or use the Content of the Services for public or commercial purposes, including the text, images, audio, and video without our prior written permission.

The trademarks, logos, characters, and service marks displayed on the Services (collectively, “Trademarks”) are the registered and unregistered trademarks of Pure Encapsulations, its affiliates, and licensors, and/or are used with permission. Nothing contained on the Services should be construed as granting any license or right to use any Trademark displayed on the Services. Your use/misuse of the Trademarks displayed on the Services, or any other Content on the Services, except as provided in these Terms of Use, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including criminal prosecution.

If you have any questions concerning the legal notices stated above, you may contact us at customerservice@pureencapsulations.com.  

7. Copyright Complaints (DMCA policy)

Just as Pure Encapsulations requires users to respect our intellectual property rights, we respect the intellectual property of others. We may, in appropriate circumstances and at our discretion, suspend or terminate the access of and take other action against users, registrants and account holders who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on the Services in a way that constitutes copyright infringement, you may notify Pure Encapsulations by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth below:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., page within the Services) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number, and e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Please send notice to:

Nestlé Health Science U.S.
Attn: Legal Department
121 River Street, 9th Floor
Hoboken, NJ 07030

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.

8. Information About You and Your Use of the Services

All information we collect through the Services is subject to our Privacy Policy. The Privacy Policy is incorporated into these Terms of Use by reference, and by using the Services you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

9. Online Purchases

All purchases through Pure Patient Direct or other transactions for the sale of goods formed through the Services, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

10. Geographic Restrictions

The owner of the Services is based in the State of Massachusetts in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of the Content is accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

11. Warranty Disclaimer

The Services and the Content are provided on an “as is” and “as available” basis. The Services are a dynamic environment and like all software-based services, cannot be promised to be free from errors, bugs, or inaccuracies, and may not be available at all times. We are not responsible for maintaining, or for any corrections, updates, or releases of, the Services or the Content. We may change or alter the Services and the Content (in whole or in part) at any time at our sole discretion. We may modify, suspend, or withdraw operation of or access to the Services at any time at our sole discretion on a temporary or permanent basis including for maintenance and other technical reasons.    

We strongly recommend that you verify the suitability and compatibility of your computer system before using the Services including by implementing measures to protect against security issues (such as installing anti-virus software). If you choose to download anything from the Services you do so at your own risk. We are not responsible for any damage or virus which could affect your computer system or other property by reason of your access to, use or downloading of anything from the Services or for any illegal intrusion or intervention in our IT systems.

ALL WARRANTIES AND REPRESENTATIONS EXPRESS OR IMPLIED (INCLUDING REGARDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THIS PLATFORM OR CONTENT WILL BE FREE FROM ERRORS, BUGS OR VIRUS, UNINTERRUPTED, OR SECURE) IN RELATION TO ANY CONTENT AND/OR ARISING OUT OF OR IN CONNECTION WITH ACCESS TO OR USE OF THE SERVICES ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THESE TERMS OF USE.

12. Limitation of Liability

SUBJECT TO APPLICABLE LAW AND WITHOUT LIMITING THE EXTENT AND SCOPE OF THE FOREGOING WARRANTY DISCLAIMER, UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE OR LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES AND ANY PRODUCTS PURCHASED THEREFROM AS WELL AS ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SERVICES, ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, OR THE UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION TO YOUR PATIENT ACCOUNT OR INFORMATION, INCLUDING GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS, WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. Indemnification

As a condition of your use of the Services, you agree to indemnify, defend, and hold harmless Pure Encapsulations, its officers, directors, employees, representatives, agents, licensors, service providers, and suppliers from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Services, including any claims alleging facts that if true would constitute a violation of these Terms of User or any activity related to your Patient Account (including negligent or wrongful conduct) by you or any other person accessing the Services using your Patient Account. This indemnification shall survive these Terms of Use and your use of the Services.

14. Termination

We may terminate your Patient Account or access to the Services at our sole discretion at any time and for any reason, without prior written notice or explanation though we may choose to provide notice and/or explanation, and without liability, including without limitation if we believe your conduct fails to conform to these Terms of Use. You agree that if your use of the Services is terminated, you will not attempt to use the Services under any name, real or assumed.

15. Entire Agreement; Severability; No Waiver

These Terms of Use, together with the Privacy Policy and Terms of Sale incorporated herein by reference and any policies that we post on the Services, constitute the entire agreement between Pure Encapsulations and you with respect to the subject matter hereof and supersede all prior agreements, understandings, or representations between you and Pure Encapsulations with respect to the subject matter of these Terms of Use.

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of the parties.

Our failure to exercise or enforce any right or provision in these Terms of Use will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms of Use.

16. Governing Law

These Terms of Use, your use of the Services, all transactions through the Services, and all related matters, regardless of your location, are governed by, and construed and enforced solely in accordance with, the laws of the State of Massachusetts, without regard to its conflicts of law rules.

17. How to Contact Us

If you have any questions or comments about these Terms of Use or the Services, please contact us via email at customerservice@pureencapsulations.com, by calling 1(800)753-2277, or by mail to:

Pure Encapsulations, LLC
490 Boston Post Road
Sudbury, MA 01776

Copyright © 2023 Pure Encapsulations, LLC. All Rights Reserved.