100% PURE™ Terms of Use

Last Updated: July 11, 2022

Table of contents:

1. Acceptance of Our Terms
2. Membership & Eligibility (United States Only)
3. Earning and Redeeming Program Perks (United States Only)
4. Pure Enthusiast (United States Only)
5. Pure Activist (United States Only)
6. Pure Revolutionist (United States Only)
7. Pure Revolutionist Free Upgraded Standard Shipping Offer (United States Only)
8. Agreeing to 100% PURE^®'s Privacy Policy & Email
9. Changes, Termination And/Or Removal From Program
10. Limitation of Liability
11. Copyright
12. Trademarks
13. Warranty Disclaimer
14. Typographical Errors
15. Term Termination
16. Notice
17. Use of Site
18. Participation Disclaimer
19. Indemnification
20. Third-Party Links
21. Governing Law and Jurisdiction
22. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
23. Limited Time to File Claims
24. Exclusions and Limitations; Consumer Protection Notice
25. Digital Millennium Copyright Act
26. Additional Information on the Program
27. Gift Card
28. International Shipping Terms and Conditions
29. 100% PURE^®'s SMS

By visiting Purity Cosmetics ("100% PURE®") Website, and by viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to this Website, you agree to be bound by the following Terms and Conditions of Website Use (“Terms”). If you do not want to be bound by our Terms, you should not visit, view or otherwise use the services of the 100% PURE® Website. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and 100% PURE® and that your use of this Website shall indicate your conclusive acceptance of this agreement.

100% PURE® may modify these Terms or other policies set forth on the Site from time to time. When we modify these Terms, we will update the “Last Updated” line above. It is your responsibility to regularly review these Terms. Your use of the Site following the posting of updated Terms constitutes your acceptance of such updated Terms.

The Purist Perks Reward (“Program”) is a rewards program offered by Purity Cosmetics ("100% PURE®") to its customers located in the U.S. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of 100% PURE® and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be age 18 years or older and a legal resident of the United States to be eligible for Membership.

By submitting an application for Membership in the Program, you agree to be bound by these terms and conditions (“Terms”). NO PURCHASE IS NECESSARY TO BECOME A MEMBER. The Program is void where prohibited by law.

Affiliates of 100% PURE® (e.g. 100% PURE® France) may also have similar customer programs; Membership in the Program does not confer any rights or benefits in the program of any other 100% PURE® affiliate.

Under the Program, you earn five (5) Purist Perk points (“point”) for every U.S. dollar spent on merchandise in the United States online, or in a 100% PURE® retail store.

Subject to the Termination provision of these Terms, points will expire if there is no account activity in 12 calendar months. Points may be redeemed for rewards (“Perks”) to be determined by 100% PURE® in its sole discretion; provided, however, that in order to redeem your points for any Reward, you must (1) accumulate a minimum number of points as established by 100% PURE® and (2) make an additional purchase of merchandise from 100% PURE® at the time that you redeem your points. Program members are able to redeem no more than one of each Perk per transaction. Program members cannot redeem more than 10 of any one unique Perk sku per year. Points have no cash value and can only be redeemed for Perks. 100% PURE® may, in its discretion, allow points to be redeemable for other items of merchandise from time to time. However, points are never redeemable for cash.

Perks are available with point redemption while supplies last and substitutions by 100% PURE® may occur. You are not required to redeem a Perk during checkout. Due to the limited nature of the free deluxe Perks, we regret that we are unable to reship Perks if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event a Perk arrives damaged, you received the wrong one, or one is missing from your order, please contact 100% PURE® customer service or visit your local 100% PURE® store.

SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 3.

Pure Enthusiast status is conferred on those registered Purist Perk members who sign up for an account with us online, or in U.S. 100% PURE® stores. Pure Enthusiast status is good for the calendar year in which the Purist Points member qualifies and the following full calendar year; after that, annual requalification is required. 100% PURE® may, in its sole discretion, alter, limit, or modify the Pure Enthusiast program rules, regulations, benefits, eligibility for membership, or any other feature of the Pure Enthusiast program or may terminate the Pure Enthusiast program at any time in its sole discretion, without prior notice.

Pure Activist status is conferred on those registered Purist Perk members who spend a minimum of $250 on merchandise online, or in U.S. retail stores. Pure Activist status is good for 12 months from the date the level was reached; after that, annual requalification is required to maintain status. 100% PURE® may, in its sole discretion, alter, limit, or modify the Pure Activist program rules, regulations, benefits, eligibility for membership, or any other feature of the Pure Activist program or may terminate the Pure Activist program at any time in its sole discretion, without prior notice.

Pure Revolutionist status is conferred on those registered Purist Perk members who spend a minimum of $750 on merchandise online, or in U.S. retail stores. Pure Revolutionist status is good for 12 months from the date the level was reached; after that, annual requalification is required. 100% PURE® may, in its sole discretion, alter, limit, or modify the Pure Revolutionist program rules, regulations, benefits, eligibility for membership, or any other feature of the Pure Revolutionist program or may terminate the Pure Revolutionist program at any time in its sole discretion, without prior notice.

Pure Revolutionist members will receive free upgraded ground shipping on all online purchases in the U.S. Client must check out with valid Pure Revolutionist account to receive free shipping option. Not valid for cash or cash equivalent. No adjustments on previous purchases. Offer is non-transferable. Offer subject to change, alteration, or termination by 100% PURE® in its sole discretion at any time.

100% PURE® values your privacy. The personal information collected from each member, including purchase history, will only be used and disclosed by 100% PURE® for the purpose of the administration of the Program, internal analysis for marketing purposes, and as otherwise permitted by 100% PURE®'s Privacy Policy. By submitting an application for Membership in the Program, you agree to be bound by 100% PURE®'s Privacy Policy and Terms of Use. Please see 100% PURE®'s Privacy Policy and Terms of Use at www.100percentpure.com. By submitting an application for Membership in the Program, you agree to receive advertising, marketing materials and other communications from 100% PURE®. By signing up to join the Program, you will automatically be subscribed to receive Program emails. If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at www.100percentpure.com/or ca.100percentpure.com or by calling 1-844-PURE100 (1-844-787-3100).

100% PURE® may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the 100% PURE® website.

100% PURE® reserves the right to exclude individuals from the Program in its sole discretion. Any abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of 100% PURE® may subject members to Membership revocation and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. 100% PURE® reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.

100% PURE® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON 100% PURE®'s LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM 100% PURE®AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.

SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10.

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of 100% PURE® and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of 100% PURE® or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of 100% PURE® is strictly prohibited.

www.100percentpure.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of 100% PURE®and may not be used in connection with any product or service that is not offered by 100% PURE®in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 100% PURE®. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.100percentpure.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.100percentpure.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.100percentpure.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.

In the event that a www.100percentpure.com product is mistakenly listed at an incorrect price, www.100percentpure.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. To the extent permitted by applicable law, www.100percentpure.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.100percentpure.com shall issue a credit to your credit card account in the amount of the incorrect price.

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.100percentpure.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

www.100percentpure.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.100percentpure.com.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.100percentpure.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

www.100percentpure.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.100percentpure.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.100percentpure.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.100percentpure.com in its sole discretion.

You agree to indemnify, defend, and hold harmless www.100percentpure.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 19.

In an attempt to provide increased value to our visitors, www.100percentpure.com may link to sites operated by third parties. However, even if the third party is affiliated with www.100percentpure.com, www.100percentpure.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.100percentpure.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.100percentpure.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the Arbitration provision set forth in Section 22, you hereby consent and submit to the personal jurisdiction in the state and federal courts located in Los Angeles County, California. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these Terms must be in writing signed by an authorized representative of 100% PURE® to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 24.

In order to expedite and control the cost of disputes, you and 100% PURE® agree that any legal or equitable claim relating to use of this Site or the purchase of any 100% PURE® product from this Site (referred to as a “Claim”) will be resolved as follows:

1. Informal Resolution:

   You and 100% PURE® will first attempt to resolve any Claim informally. In the event that any dispute between 100% PURE® and you arises out of or relates to these Terms, the applicability of these Terms to the use of any 100% PURE® Site, or purchase of any 100% PURE® products from this Site, or to breach or enforcement, interpretation or validity of these Terms, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to: [email protected]

2. Formal Resolution by Arbitration/Class Action Waiver:

   READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION.You agree that any dispute, controversy or Claim arising out of or relating to these Terms, the applicability of these Terms as to the use of any 100% PURE® Site, or the purchase of any 100% PURE® products from this Site, or to breach or enforcement, interpretation or validity of these Terms, or the determination of the scope or applicability of Arbitration shall be governed solely by the Federal Arbitration Act.

   If you and 100% PURE® cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and 100% PURE® understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and 100% PURE® each agree to settle disputes (except certain small claims) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms as a court would.

   The Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, 100% PURE® agrees to pay the Arbitration initiation fee and any additional required deposit required by JAMS to initiate your Arbitration. You and 100% PURE® agree to pay the costs of the Arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The Arbitration will be held at a location in your home town area if possible, unless you and 100% PURE® both agree to another location or telephonic Arbitration. To initiate Arbitration, you or 100% PURE® must do the following things:

   1. Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
   2. Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS [to your local JAMS office] or to JAMS, 1925 Century Park East, Suite 1400, Los Angeles, CA 90067.
   3. Send one copy of the Demand for Arbitration to the other party.

   Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor 100% PURE® shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and 100% PURE® agree that the JAMS Class Action Procedures do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable. Notwithstanding the obligation to arbitrate all Claims under these Terms, you may assert an individual Claim in small claims court in lieu of Arbitration.

You agree that you will assert any Claim arising out of your use of any 100% PURE® Site or the purchase of any 100% PURE® product from this Site within one (1) year after the Claim arises, or such Claim will be barred.

SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 23.

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Sections 3, 10, 13, 19, 21, and 23 do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, 100% PURE® reserves all rights, defenses and permissible limitations under the law of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Subsection 22(B) (“Formal Resolution by Arbitration/Class Action Waiver”).

A. Notification. If you are a copyright owner or an agent thereof and believe that any User Content or other Site content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

100% PURE®’s designated Copyright Agent for notice of claims of infringement is:

Ric Kostick
Purity Cosmetics
2221 Oakland Rd. San Jose, CA 95131
e-mail: [email protected]
telephone: (415) 814-9788

Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to 100% PURE®’s customer service at [email protected]. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid. {Note to 100% PURE®: Although not required, many sites also use this same (or a similar) notification system for notices of alleged trademark infringement. Please let us know if 100% PURE® would like to do so.}

B. Counter-Notification. If you believe that any User Content of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Content, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the commonwealth or state you are located or the State of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter notification is received by the Copyright Agent, 100% PURE® shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, 100% PURE® may, in its sole discretion, reinstate the removed material or cease disabling such material.

C. In accordance with the DMCA and other applicable law, 100% PURE® shall, in appropriate circumstances, terminate access, at 100% PURE®’s sole discretion, of any user that 100% PURE® finds to be a repeat infringer of others copyrights. 100% PURE® may also, in its sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.

If you have any questions regarding the Program, you may call 1-844-PURE100 (1-844-787-3100).

To request cashback for Purity Cosmetics gift cards $10 and under, please contact [email protected].

https://vat.passportshipping.com/passport-uk-eu-terms-of-service.

By signing up via text/SMS, you agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from 100% PURE at the cell number used when signing up. Consent is not a condition of any purchase.

You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected]

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive an average of 2-3 messages per week. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have any questions regarding privacy, please read our privacy policy: https://www.100percentpure.com/pages/privacy-policy