Terms and Conditions of Use
Effective Date: 22 September 2021
1. About our Terms
1.1 These terms and conditions of use (“Terms”) set forth a legally binding agreement between you and PureLife Gloves, LLC (“PureLife”, “we”, “us” or “our”), and govern your use of our website, its various web pages, and all features, content and other services that we own, control and make available to you (collectively, the “Site”).
1.3 In some instances, both these Terms and separate terms elsewhere on the Site, will apply to your use of the Site (“Additional Terms”). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
1.4 We reserve the right, at any time in our sole discretion, to modify, change, or replace any part of these Terms and any applicable Additional Terms without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Site so that they are accessible via a link from the home page. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to stop using the Site.
2. About Us
2.1 We are PureLife Gloves, LLC (trading as PureLife Dental), a limited liability company incorporated in the State of Delaware. Our registered office is at 201 Santa Monica Blvd, Suite 400, Santa Monica, California 90401.
2.2 If you have any questions about the Site or these Terms, please contact us by:
2.2.1 sending an email to [email protected]; or
2.2.2 calling us on (877) 777-3303 (our telephone lines are open Monday to Friday, 6:00 – 15:00 PST).
3. Using the Site
3.1 Intellectual Property
3.1.1 The Site contains: (i) materials and other items relating to PureLife and our products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials on the Site and any and all copyrightable material;
(ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of PureLife; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
3.1.2 We and our licensors reserve all our intellectual property rights in the Site and Content, whether registered or unregistered, anywhere in the world. This means that all right, title, and interest in and to the Site and the Content is the property of PureLife or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
3.1.3 Subject to your strict compliance with these Terms and any applicable Additional Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display and view the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device, in each case solely for informational purposes, online ordering of products and creating and accessing a customer account. Therefore, this limited license is solely for your own non-commercial use. 3.1.4 The limited license granted in clause 3.1.3 (i) does not grant you any legal rights in the Content or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.
3.1.5 Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
3.2 Customer Accounts
3.2.1 Use of the Site may require registration, particularly in order to access restricted areas of the Site.
3.2.2 We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.
3.2.3 When registering an account, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) maintain the confidentiality of your account details; (iv) protect and prevent unauthorized access to your account; (v) not transfer or share your account with any third party; and (vi) immediately notify us of any suspected or actual unauthorized use of your account or breach of security.
3.2.4 You agree and understand that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
3.2.5 If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
3.3 Compliance and Restrictions on Use
3.3.1 You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Site and Content.
3.3.2 You may not use the Site unless you are at least eighteen (18) years old.
3.3.3 As a condition of your use of the Site, you agree not to use the Site or Content for any purpose that is unlawful, harmful, offensive, harassing, falsely representative of your persona, invasive of someone’s privacy or otherwise objectionable to us. In addition, you will not:
(a) gain or attempt to gain unauthorised access to our Site or Content or otherwise obtain or attempt to obtain any materials or information through any means not intentionally made available;
(b) harvest any information from the Service or Content;
(c) use the Site or Content in any manner that could damage, disable, overburden or impair the operation of our Site or business or interfere with any other party’s use and enjoyment of the Site;
(d) reverse engineer or modify the Site or Content;
(e) use the Site or Content to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
(f) use the Site or Content for any commercial or political purpose;
(g) interfere with the proper operation of any security measure used by the Site or Content;
(h) infringe any intellectual property right or other right of any third party;
(i) use the Site or Content in a manner that suggests unauthorized association or is beyond the limited license granted to you; or
(j) otherwise violate these Terms and any applicable Additional Terms.
3.4 Bulletin Boards, Chat Rooms and Other Interactive Services
3.4.1 We may make bulletin boards, chat rooms or other communication services (“Interactive Services”) available on the Site.
3.4.2 We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material (“Submission”) submitted to our Interactive Services. Where we do monitor or moderate Submissions, we will indicate how this is performed and who to contact in relation to any Submission of concern to you.
3.4.3 We may remove or edit any Submission to any of our Interactive Services whether they are moderated or not. 3.4.4 Any Submission you make must comply with our Submission standards set out in clause 3.5 below.
3.4.5 By making a Submission, you grant to us a royalty-free, irrevocable, non-exclusive, transferable license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Submission (in whole or in part) on the Site, and on any other websites operated by us, indefinitely.
3.5 Submission Standards
3.5.1 Any Submission you make to our Interactive Services and any other communication to users of our Site by you must conform to standards of accuracy, decency and lawfulness, which will be applied in our sole.
3.5.2 In particular, any Submission or communication by you must be:
(a) your own original work and lawfully submitted;
(b) factually accurate or your own genuinely held belief;
(c) provided with the necessary consent of any third party;
(d) not defamatory or likely to give rise to an allegation of defamation;
(e) not offensive, obscene, sexually explicit, discriminatory or deceptive;
(f) unlikely to cause offence, embarrassment or annoyance to others;
(g) free of viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful; and
(h) in compliance with all applicable laws or regulations, or any other guidelines applicable to any particular Interactive Service.
3.6.1 We may suspend or terminate the availability of the Site and Content, in whole or in part, to any individual user or all users, for any reason, in our sole discretion, and without advance notice or liability.
3.6.2 Upon suspension or termination of your access to the Site, or upon notice from us, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.
3.7 Reservation of Rights
All rights not expressly granted to you are reserved by PureLife and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Site or Content for any purpose is prohibited.
4. The Shopping Site
4.1.1 The Site includes shopping site pages (the “Shopping Site”) through which products are offered for sale to registered customers of the Site.
4.1.2 The Shopping Site is available to the public, but purchases of certain products are restricted to licensed dental practitioners who reside in the United States or any of its territories.
4.1.3 By using the Shopping Site, you represent and warrant that you are of legal age to form a binding contract with PureLife and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and that you will abide by and comply with the Terms.
4.2.1 The Content (as defined above) of the Shopping Site is for informational purposes only. We do not provide instruction on the appropriate use of the products offered through the Shopping Site. The Shopping Site, the Content and the products are not intended as, and should not be taken as, a substitute for professional medical advice, diagnosis, or treatment.
4.2.2 You assume all risks that the Shopping Site and Content are suitable or accurate for your needs and will be uninterrupted, timely, secure, or error-free. Any Content downloaded or otherwise obtained through the Site is at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data. The Content may be changed or updated by us in our sole discretion at any time and for any reason without notice.
4.2.3 We do our best to describe every Product offered on our Shopping Site as accurately as possible. However, we do not warrant that product specifications, pricing, or other content on the Shopping Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, we shall have the right to refuse or cancel any orders in our sole discretion.
4.3 Terms of Sale
You understand and agree that the terms and conditions governing the sale or return of such products to you are set forth in the Terms of Sale available at this link.
5. Hyperlinks and Third Party Sites
The Site may contain content from, hyperlinks or references to other websites, platforms and services operated and owned by third parties (“Third Party Services”). The Third Party Services are not under our control, and you acknowledge that we accept no responsibility or liability for any content, material, information, services or technologies made available from such Third Party Services. The inclusion of any content from or hyperlink to Third Party Services does not mean that we endorse the Third Party Services or any association with its operators. Your use of Third Party Services may be governed by the terms and conditions of that third party and is at your own risk.
6. Disclaimer of Representations and Warranties
YOUR USE OF THE SITE, ITS CONTENT AND THIRD PARTY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER PURELIFE NOR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (COLLECTIVELY, THE “PURELIFE PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSEOVER AS TO THE SITE, THE
CONTENT OR THIRD PARTY SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE AND FREEDOM FROM COMPUTER VIRUSES.
THE FOREGOING DOES NOT AFFECT ANY DISCLAIMER WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PURELIFE PARTIES BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USE OF THE SITE; (B) THESE TERMS; OR (C) YOUR MISUSE OF THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE PURELIFE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8.1 You agree to defend, indemnify and hold harmless the PureLife Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Site; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of Third Party Services; or (vii) any misrepresentation made by you.
8.2 We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you.
8.3 You agree to cooperate with our defense of any claim.
8.4 You will not in any event settle any claim without our prior written consent. 8.5 Clause 8.1 does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact.
9. Governing Law and Jurisdiction
9.1 All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed
in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
9.2 Any legal suit, action or proceeding arising out of, or related to, the Site or these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Sacramento although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At our sole discretion, we may require you to submit any disputes arising from the use of the Site or these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
11. Waiver of Injunctive or other Equitable Relief
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSION, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US OR ONE OF OUR LICENSORS.
12.1 The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Site, will survive.
12.2 If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter.
12.3 We may assign our rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of PureLife.
12.4 These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Site and supersede any prior agreements, representations, warranties, assurances or discussion (whether written or oral).
12.5 No failure or delay by us in exercising any of our rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy.
12.6 No waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
12.7 We control and operate the Site from the U.S., and make no representation that the Site is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Site.
12.8 We reserve the right to investigate and prosecute any suspected breaches of these Terms or use of the Site.
12.9 We may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
12.10 Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210. Their website is located at: http://www.dca.ca.gov.