terms + conditions
By accessing this website or accessing information on this website, you are signifying your assent to these Conditions of Use, Terms and Disclaimers. If you do not agree to all of these Conditions of Use, Terms and Disclaimers, do not use this site. The use of this website and its content is at your own risk.
Pure + Radiant, LLC, a Texas Limited Liability Company (“PR”) may revise and update these Conditions of Use, Terms and Disclaimers at any time and changes will be posted to this page. Your continued usage of the website will mean you accept and agree to be bound by those changes. Unauthorized entry into secure portions of this website may constitute a crime under state and/or federal law, and such violations shall be prosecuted to the fullest extent of the law.
While PR uses reasonable efforts to include accurate and up to date information on this website, error or omissions sometimes may occur. PR makes no warranties or representations as to the accuracy of the information presented on this website. Under no circumstances, including, but not limited to, negligence, shall PR, or any party involved in creating, producing, or delivering the website be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials or services on this website, even if PR, or a PR authorized representative, has been advised of the possibility of such damages.
This website is not a substitute for professional medical advice. All information, materials and data available through this website are for general informational and professional communications purposes only. You should contact your physician, dentist or other medical professional if you have any questions about your medical condition, or if you need medical help. If you need emergency medical assistance, you should immediately call 911 or your physician.
You agree PR may moderate website access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree: (1) not to bypass said moderation; (2) we are not liable for moderating, not moderating, or representations as to moderating; and (3) nothing we say or do waives our right to moderate, or not.
PR also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website. PR IS NOT RESPONSIBLE FOR A ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON THE WEBSITE
To be eligible to use the Website, you must meet the following criteria and represent and warrant that you: (1) are the 18 years old or older; (2) are not currently restricted from the Website, or not otherwise prohibited from having access to PR or a PR account, (3) are not a competitor of PR or are not using the Services for reasons that are in competition with PR; (4) will only maintain one PR account at any given time; (5) will use your real name and only provide accurate information to PR; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of PR or third party, including intellectual property rights
such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
PR reserves the right to refuse participation to any applicant or participant of any subscription or account at any time for any reason or for no reason, in its sole discretion.
In relation to the relationship of parties, PR and you shall be considered independent contractors. Nothing contained in this Agreement and no action by either party shall be deemed to constitute any party or any of such party’s employees or agents to be an employee or agent of the other party or shall be deemed to create any partnership joint venture, association, syndicate among or between any of the parties, or shall be deemed to confer on any party any express or implied right, power or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of the other party not explicitly set forth in this Agreement. Neither party will hold itself out as being in an agency relationship, or imply, or fail to correct a misunderstanding, that there is an agency relationship. PR and you shall enjoy a non-exclusive relationship in all respects.
PR shall have the right to establish the initial price point for any and all subscriptions to the website as well as maintaining the right to modify any and all prices in line with commercially reasonable business practices.
If any provision of these Conditions of Use, Terms and Disclaimers is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
The website may contain advertisements and/or links to third party companies and/or their websites. These links are provided solely as a convenience to you and not as an endorsement by PR of the content on such third party websites or their claims. PR is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of materials on such sites or their companies. Specifically, PR is not responsible for any health or medical claims promoted or advertised by such companies. PR has the right to display any advertising or promotions, including for PR or third parties, over, near or around any items, products or links, and you waive any claims or rights in association therewith, including claims to any remuneration, regarding moral rights, complaints about implicit endorsement or association, or the like. You are notified and agree that anything at all placed over, near, or around any item, product, or link is not an endorsement by or an association with the uploader.
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law: (1) we make no promise as to PR, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and PR is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your PR use; or (d) our representations; (4) WE
AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("PR ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) PR ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL);
Moreover, any information contained in this site is not a medical consultation. Moreover, no medications or medical treatment will be prescribed. You further understand and acknowledge that since it is essentially impossible to adequately diagnose and treat medical conditions, create a dietary plan, or provide for nutritional needs without a face to face encounter and hands on examination by a qualified health professional, this program does not offer medical advice or treatment. The comments provided are only an opinion and should not be considered medical advice. You should speak with your own physician or dietician about your issues and concerns. If you are experiencing a medical emergency, call 911 immediately.
You agree that all the information provided through this Website, and everything included in this Website is for informational purposes only. You understand that PR cannot warrant or guarantee the content posted by its members. You also agree not to hold anyone connected with this Website responsible for any consequences arising from answers or information provided through this Website.
When using the website, information will be transmitted over a medium which is beyond the control and jurisdiction of PR. Accordingly, PR assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the website.
You also agree not to hold anyone connected with this Program responsible for any consequences arising from answers or information provided through this Website. You agree to indemnify, defend and hold harmless PR and its parent, subsidiaries, affiliates or any related companies (including those which are substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, contractors, agents, attorneys, and representatives of any of them form any and all claims, losses, obligations, damages, liabilities, costs or debts and expenses (including attorney’s fees and costs) arising out of, related to or which may arise from (i) your use or misuse of the website; (ii) your breach or other violation of this Agreement including any representations, warranties and covenants herein; or (iii) your violation of the rights of any other person or entity. PR reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify, defend or hold us harmless, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PR. PR will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. By submitting a question or reviewing an answer, you are agreeing to this Medical Disclaimer and Agreement.
The website and the content are provided on an “as is” basis. PR, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, PR, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness and currentness of information contained on the website, or communications provided on or through the use of the website. PR will solely control the website and all features and functionality thereof and will have the right to modify, change, or amend the same at all times, in its sole discretion. PR reserves the right to exercise whatever lawful means it deems necessary to prevent or rectify unauthorized use (including the distribution of unauthorized content) on the website including, but not limited to, technological barriers, IP mapping, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use, and seeking legal action against you. PR reserves the right to remove or delete
any item, product or link from the website at any time, in its sole discretion, for any reason or for no reason, and without notice to you. If PR removes or deletes any item, product, or link that you have purchased or used as a subscriber, PR reserves the right to revoke your purchase or use. If this occurs, PR may elect at PR’s sole discretion, to provide a refund to you. PR subscribers who download or gain access to any item, product, or link will not be entitled to any refund. If PR removes any item, product or link you have purchased, PR may elect, at PR’s sole discretion to provide you a limited window of time during which you may download such removed item, product or link.
PR reserves the right to decline to make any item, product or link available on the PR website and retains the right to remove any item, product or link made available to subscribers for any reason or no reason at all, in its sole discretion.
This website may be linked to other websites which are not maintained by PR. PR is not responsible for the content of those websites. The inclusion of any link to such websites does not imply approval of or endorsement by PR of the website or the content thereof.
PR may feely assign this Agreement at any time without notice to you. You may not transfer, sell or assign your rights or obligation under this Agreement and any attempt to do so shall be void. Subject to the foregoing, this Agreement inures to the benefit of and shall be binding on the parties’ permitted assignees, transferees and successors.
This agreement, including all agreements and Guidelines incorporated by reference herein, sets forth the entire agreement and understanding of the parties with respect to the parties with respect to the subject matter hereto, and supersedes all prior and contemporaneous agreements relating thereto, written or oral, between the parties.
This Agreement shall be governed by, and construed in accordance with, the laws of the state of Texas, without reference to its choice of law doctrine. The parties agree that the federal and state courts in Dallas County, Texas will have exclusive jurisdiction and venue over this Agreement, and the parties hereby agree to submit to such jurisdiction and venue exclusively.
Section or paragraph headings used in this Agreement are for reference purposes only, and may not be used in the interpretation hereof.
In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is held invalid by a court with jurisdiction over the parties to this Agreement: (i) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law; and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect.
A waiver of any provision of this Agreement will only be valid if provided in writing and will only be applicable to the specific incident and occurrence so waived. The failure by either party to insist upon the strict performance of this Agreement, or to exercise any term hereof, will not act as a waiver of any right, promise or term, which will continue in full force and effect.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any PR Affiliate shall be deemed legally binding on any PR Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of PR.
Upon Termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections regarding proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and damages and all general provisions shall survive any termination of these Terms.