Effective Date: October 3, 2023
https://www.pureencapsulationspro.com/ and the Pure Patient Direct virtual dispensary online platform and service at https://www.pureencapsulationspro.com/patient-direct (collectively, the “Services”) 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). These Terms permit you to access information available on the Pure Encapsulations Pro website and to use the Services, and sets forth the Terms under which the Services will be delivered to you as a healthcare professional user of the Services.
We may modify these Terms from time to time at our sole discretion. If we decide to modify these Terms, 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 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 YOUR PROFESIONAL KNOWLEDGE. 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, or prescribing any medication. You should read all product packaging carefully. Please consult all labels, warnings, and directions for the most accurate product information prior to using or recommending products.
All features, specifications, products, and prices described on the Services are subject to change at any time without notice. We reserve the right to make changes to information about price, description, or availability without notice. The inclusion of any products or associated services including, but not limited to, order processing, payment collection and processing, shipping, and tracking, website hosting, and any other support services, on the Services does not imply or warrant that these products or services will be available at any particular time.
Only registered healthcare practitioners and their patients may create an account. In order to use the Services in your capacity as a healthcare professional, you must also meet a number of additional conditions, including, but not limited to:
- You must be a physician or other licensed medical professional, certified by, and in good standing with, your relevant state professional and regulatory authority.
- 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, including but not limited to professional licensing and credentialing.
- You must have an established healthcare professional account with Pure Encapsulations (“Professional Account”) and abide by the Atrium Professional Brands Authorized Reseller Terms and Conditions (“Authorized Reseller Terms”).
- 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. Professional Account, Account Security, and Communication Preferences
Use of the Services requires you to open a Professional Account and specify a password. You are solely responsible for maintaining the confidentiality of your Professional Account information, including your password, and for any and all activity that occurs under your Professional Account; we will accept the instructions of any individual who claims to be authorized to direct changes to your Professional Account so long as such person presents your username and password online, by email or by phone. You agree to notify Pure Encapsulations immediately of any unauthorized use of your Professional Account or password. You may not use the Professional Account, username, or password of any other individual or company at any time without the express written permission and consent of the holder of the Professional Account. Pure Encapsulations will not be liable for any loss or damage arising from your failure to comply with this Section, including for misuse or misappropriation of your information, and you agree to indemnify Pure Encapsulations from any claims damages, losses, and/or costs resulting from a breach of your obligations with respect to your Professional Account and account information.
By opening a Professional Account, you also consent to receive electronic communications (e.g., via email or push notifications, where applicable, and by posting notices to the Services). These communications may include notices about your Professional Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. We may also send you promotional communications, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may modify your communications preferences by following the instructions contained in our promotional messages or through your Professional Account settings. Please note that even if you opt out of receiving marketing communications, we may still send you transactional messages relating to your use of the Services or messages sent as part of an existing business relationship. 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.
5. Right to Access and Rules of Use
Subject to these Terms, and so long as your Professional 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 internal business purposes.
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 make any representations, warranties, guarantees, indemnities, commitments, or other similar claims actually, apparently, or ostensibly on behalf of Pure Encapsulations that are inconsistent with these Terms.
- You shall comply with all applicable laws, rules, regulations, and policies (a) applicable to your business and professional conduct and/or (b) related to the marketing and sale of the products.
- You are exclusively responsible for any statements that you may make regarding the products, including any claims that that do not explicitly appear on product labeling.
- 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, or otherwise violate the rights of a third party.
- You shall not create a false identity or duplicative Professional 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 (other than a linked staff account or agent acting on your behalf and subject to your direct supervision) to access the Services using your Professional 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 business purposes for which the Services are intended.
Our provision of Services to you is contingent on your agreement with this and all other sections of these Terms. We reserve the right to change or include new requirements as deemed appropriate in our sole discretion without providing prior notice to you.
You hereby expressly acknowledge that you are solely and exclusively responsible for your (as well as any agents and linked staff accounts) compliance with these Terms and any and all applicable laws, and that Pure Encapsulations does not provide any advice concerning potentially applicable laws or your compliance therewith. The reference to specific laws or regulations shall not be read or construed to imply that such laws or regulations are applicable to you, nor that other laws or regulations are not applicable to you. Further, Pure Encapsulations expresses no opinion with respect to the appropriateness or legality of the resale or recommendation of products to patients by a healthcare professional. It is your responsibility to consult with the appropriate advisors as necessary to ensure that you are informed of and in compliance with all applicable laws.
If you wish to use our Services, Pure Encapsulations requires that you be authorized by the applicable governmental or regulatory authority; by using our Services, you hereby warrant that you are so authorized. Many jurisdictions require that healthcare professionals making recommendations to patients on health-related matters be licensed to do so. Additionally, governmental authorities, professional organizations, or other regulating entities with jurisdiction over healthcare professionals may require that certain ethical standards be followed. You agree to act in accordance with all licensing and ethical standards applicable to you as a healthcare professional.
6. Wholesale Purchases
Professional Accounts may purchase products on a wholesale basis for purposes of resale to their patients. By purchasing products from Pure Encapsulations for resale to your patients, you agree to adhere to our Authorized Reseller Terms.
7. 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 our Services does not give you ownership of any intellectual property rights to the Content you access. Except as otherwise permitted by these Terms, no Content available through the Services may be modified, copied, reproduced, republished, uploaded, posted, transmitted, resold, or distributed in any way, except with the prior written consent of Pure Encapsulations. Any other use of the Content provided through the Services is strictly prohibited. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Except as expressly stated in this legal notice, you do not have any right or license to the website or Content, or any portion of the Content.
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, 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 email@example.com.
8. 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.
9. Information About You and Your Use of the Services
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
All products, 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.
ALL PRODUCTS AND SERVICES ARE PROVIDED BY PURE ENCAPSULATIONS “AS IS,” AND WE HEREBY DISCLAIM ANY EXPRESS OR IMPLIED REPRESENTATION, CONDITION OR WARRANTY WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURE ENCAPSULATIONS MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, WESITES, CONTENT AND SERVICES, AND SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, ACCURACY, COMPLETENESS, VALIDITY, TIMELINESS, NON-INFRINGEMENT, RESULTS, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE OPERATION OF THE WEBSITE OR THE PROVISION OF THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED OR THE ABILITY OF THE SERVICES TO MEET YOUR NEEDS.
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 PROFESIONAL 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, 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.
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 or any activity related to your Professional Account (including negligent or wrongful conduct) by you or any other person accessing the Services using your Professional Account. This indemnification shall survive these Terms and your use of the Services.
14. Force Majeure
You agree that Pure Encapsulations is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver orders, we will attempt to deliver orders as soon as reasonably possible.
In addition to all other available remedies, if you breach any of these Terms, we reserve the right to terminate your Professional Account and status as an Authorized Reseller pursuant to the Authorized Reseller Terms with written or electronic notice. Upon termination of your Professional Account and status as an Authorized Reseller, you shall immediately cease (i) selling Pure Encapsulations products; (ii) acting in any manner that may reasonably give the impression that you or your business are an Authorized Reseller of Pure Encapsulations products or have any affiliation whatsoever with Pure Encapsulations with respect; and (iii) using all Content and Trademarks.
Under no circumstances, including termination or cancellation of your Professional Account or our Services to you, will Pure Encapsulations be liable for any losses related to actions of other users. You agree that if your use of the Services is terminated, you will not attempt to use the website or Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold harmless Pure Encapsulations from any and all liability that any such we may incur with respect thereto.
16. Entire Agreement; Severability; No Waiver
If any provision of these Terms 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 will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.
17. Governing Law
These Terms, 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.
18. How to Contact Us
If you have any questions or comments about these Terms or the Services, please contact us via email at firstname.lastname@example.org, 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.