We reserve the right to change these Terms from time to time without notice to you, and any such changes will be effective upon publication on the Site.
1. Our Proprietary Rights.
Except for your Submitted Materials (as defined in Section 7 below), we and our licensors own, solely and exclusively, all rights, title and interest (including, without limitation, copyrights) in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Sites, and the compilation and organization of the Site Content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you, expressly or by implication, estoppel or otherwise, ownership rights or title of, in or to any Site Content or any other part of the Site, nor does it grant you any license to use or display the same except as expressly permitted herein.
2. Limited License.
Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited license to access, view, use and display the Sites and Site Content on your computer or other device, provided that you comply fully with these Terms. The Sites and Site Content are for your personal, educational and non-commercial use only. No part of the Sites or Site Content (or any of our products advertised or sold on the Sites) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under law.
Trademarks, logos, service marks and trade names displayed on the Sites or as part of the Site Content are registered and unregistered trademarks of the Company and other persons (collectively, the “Trademarks”), and may not be used unless expressly authorized by the applicable Trademark owner. Nothing contained on the Site should be construed as granting, expressly, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Sites or as part of the Site Content, without our written permission or that of the applicable third-party rights holder.
4. User Accounts.
5. Submitted Materials.
Unless specifically requested of us, we neither solicit nor wish to receive any confidential, secret or proprietary information or other material from you. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, know-how, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques, comments, criticisms, reports, feedback or other materials submitted or transmitted through the Site in any manner, including, but not limited to, through the “Contact Us” section (collectively, “Submitted Materials”) will be deemed not to be confidential, secret or proprietary and may be used by us in any manner consistent with these Terms.
By submitting, uploading, posting or sending Submitted Materials to, on or through the Sites, you: (i) represent and warrant that either (A) your Submitted Materials are original to you and that no other party has any rights thereto, or (B) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Sites for our use, in accordance with these Terms and with any purposes that may be described on the Sites, and that any “moral rights” in the Submitted Materials have been waived; and (ii) you grant to us (and the Affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, store, adapt, publish, translate, create derivative works from, distribute, perform, display, make, exploit, sell, export or incorporate such Submitted Materials (in whole or in part) in other works (including, without limitation, the Sites), products or services, in any form, media, or technology now known or later developed, and for any purpose. We are not responsible for maintaining, and may delete or destroy, any Submitted Material that you provide. You represent and warrant that your Submitted Materials comply with these Terms, and you agree to keep all necessary supporting documentation, and to make such records available to us upon our request.
6. Rules of Conduct.
While accessing or using the Sites, the Site Content and the various other features available on the Site (such as the “Forums” as defined in Section 7 below), you warrant and agree that you will not:
- Violate any law, rule or regulation;
- Violate the security of the Sites, or obtain or attempt to gain unauthorized access to the Sites, Site Content, computer systems or networks connected to any server associated with the Sites or the Site Content;
- Impersonate any person or entity, whether actual or fictitious, including anyone from the Sites or the Company, or misrepresent your affiliation with any other person or entity;
- Stalk, harass or harm another individual;
- Insert your own or a third party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on any Site, or into any of your Submitted Materials that you may submit to any Forum or any other areas of the Sites;
- Use, upload, post, publish, transmit, distribute, reproduce, or in any way exploit any part of the Sites or any Site Content for any commercial or promotional purposes (other than as expressly permitted in a signed writing by the provider of such information or other materials), or contact any other user of the Sites for commercial or promotional purposes, or offer to buy or sell any product or service through your activities on the Sites or in a Forum;
- Alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
- Engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;
- Use the Site or its features in any manner that could interrupt, damage, disable, overburden or impair the Site or such features, or interfere with any other party’s use and enjoyment of the Sites, including, without limitation, sending mass unsolicited messages or unauthorized advertising or commercial communications, or “flooding” servers with requests;
- Circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Sites or its services or any software on the Sites;
- Create any links from the Site (or include any links in your submissions to any Forums or any other part of a Site) directed to websites or content owned or maintained by third parties;
- Frame or otherwise portray any third-party sites or content in any manner that would constitute or could be interpreted as an endorsement or sponsorship by us of any third-party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third-party sites;
- Upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials which are false (including statements or materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact), fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which constitutes, or encourages conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- Use the Sites or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
- Upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component (or attempt, encourage or support anyone else’s attempt to do any of the foregoing), or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
- Use the Sites or its services (or any Site Content), in whole or in part, for any purpose that is prohibited by any applicable law or regulation, or to facilitate the violation of any applicable law or regulation.
7. Public Forums.
The Sites may include certain features allowing users to communicate with each other or the general public (such as messaging services, chat services, bulletin boards, message boards, blogs and other similar forums, areas and services) (collectively, the “Forums”). These Terms apply to your use of the Forums. Given the open nature of the Internet, you should be careful and selective about the information you disclose in the Forums and on the Sites and, in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information.
8. Right to Monitor and Editorial Control.
We may (but have no obligation to) monitor or review anything submitted to the Sites. We neither sponsor, endorse, control, nor bear responsibility for any such materials. However, we may disclose any information or materials as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or remove any such content, in whole or in part, which violate these Terms, our policies or applicable law, which in our sole discretion are objectionable. Using the Sites may expose you to content that may be considered or construed to be offensive, indecent, or objectionable to you, and we are not liable for such content.
9. User Generated Content.
As between you and the Company, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials that you may submit, transmit or otherwise make available on or through any Properties (collectively, “User Content”). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User Content and the right not to have the User Content edited or changed in a way you are not happy with.
10. Utilizing User Content.
You grant Company and its affiliates, representatives and assigns the right to use any or all your User Content, anywhere in the world for an unlimited period of time, in connection with the Properties for any commercial or non-commercial purposes. We may exercise these rights without notice to you and without paying any compensation to you. We may modify your User Content in our discretion. We are not required to host, display, or distribute your User Content and we may remove or edit it at any time.
11. User Promises.
If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content (“Feedback”), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.
13. Monitoring and Managing User Content.
We may, but are not required to, monitor and review your User Content. We do not endorse or control the User Content transmitted or posted on the Properties and therefore, we are not responsible for it. We do not guarantee the accuracy, integrity, or quality of User Content and User Content may not necessarily reflect the views of Company. You understand that by using the Properties, you may be exposed to User Content that is you consider or construe as offensive, indecent or objectionable to you. We will not be liable to you in any way for any User Content, including, for example, for any errors or omissions in any User Content, or for any loss or damage of any kind experienced by you if you use or rely on any User Content made available via the Properties.
You agree to defend, indemnify and hold us and our directors, officers, employees, shareholders, agents and our Affiliates harmless from any and all damages, claims, liabilities, costs and expenses, including, but not limited to, reasonable attorneys’ fees, arising from (i) your use of the Sites or the Site Content, (ii) any part of your Submitted Materials, or (iii) your breach or violation of any law, rule or regulation, or these Terms. The Company may, but is not obligated to, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree fully to cooperate with any such defense.
You may order products from our Site only if you are 18 years old (or the age of majority in your jurisdiction) or older. You agree to pay in full the prices for your purchases, plus any applicable taxes. Certain products and services that you may be able to purchase or download through the Sites may be subject to additional terms and conditions presented to you during such purchase or download.
We reserve the right to refuse any order you place through the Sites. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, the same email address, or orders that use the same promotion code, billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Additionally, we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other unauthorized party. You are not permitted to resell any products or services purchased through any of the Sites for commercial purposes.
Product availability on the Site is not guaranteed as products may be low in stock or out of stock when an order is completed. Products displayed on the Site may not be available in certain stores, or vice versa. Prices for a product (including sales) may vary between the Site and stores or between geographies. Prices displayed on are quoted in USD and are valid and effective only in the U.S.
16. Pricing and Other Errors.
We have made every effort to display as accurately as possible the colors and features of our products on the Sites. However, the particular technical specifications, displays and settings of your electronic device could affect the accuracy of the display. We are not responsible if information made available on the Site is not accurate, complete or current.
From time to time, information on the Site might contain typographical or visual errors, inaccuracies, or omissions that may relate to product descriptions, pricing or availability. It is your responsibility to monitor changes to the Site. Any reliance on the information on the Site is at your own risk. We may, but have no obligation to, correct any errors, inaccuracies or omissions, and to update or modify the Site Content without prior notice.
Prices and availability of products and services are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account.
17. Linking to the Sites.
You agree that: (a) if you include a link from any other website to the Site, such link will open in a new browser window and will link to the home page of the Site; (b) you are not permitted to link directly to any image hosted on the Sites, such as using an “in-line” or “deep linking” linking method, including to cause the image to be displayed on another website; and (c) you may not link from any other website to a Site in any manner such that it or any of its pages is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, in our sole discretion, insist that any link to a Site be discontinued, and we may revoke your right to link to the Sites. The framing, mirroring, scraping or data-mining of the Sites or any of the Site Content in any form and by any means is strictly prohibited.
18. Third-Party Websites.
You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from the Sites to third-party websites, applications and services, and third-party websites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by us. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences.
Site may contain sweepstakes, contests or other promotions requiring you to send materials or information to us (and sometimes others). Such sweepstakes, contests or promotions may be governed by a separate set of rules, policies and terms. It is your responsibility to read such rules, policies and terms to determine whether you can participate, register and comply therewith. By participating in a sweepstakes or contest through the Sites, you signify your agreement and acceptance of these Terms and any applicable sweepstakes or contest rules which we may provide.
20. Disclaimer Of Warranties.
THE SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, SITE CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE SITES, THE SERVICES, THE FORUMS, THE SITE CONTENT, OR THE FUNCTIONS THEREOF WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. THE COMPANY MAKES NO WARRANTY THAT THE SITES, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, OR THROUGH THE SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES, OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE SITES. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES. THE COMPANY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SITES CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE SITES, CREATION OF AN ACCOUNT, OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE COMPANY AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITES OR IN CORRESPONDENCE WITH THE COMPANY OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITES ARE PROVIDED BY THE COMPANY (OR ITS LICENSORS OR THIRD-PARTY PROVIDERS OR SUPPLIERS) “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE PRESCRIBED BY APPLICABLE LAW OR SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE COMPANY OR ITS LICENSOR OR SUPPLIER.
21. Limitation Of Liability.
The Site is intended for users located in the United States of America. We generally control and operate the Site from our offices in the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who access or use the Site from other locations are responsible for compliance with any applicable local laws. Software from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
We may terminate, change, suspend, restrict or discontinue any aspect of the Sites at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our discretion, without notice or liability. These Terms will terminate commensurate with the discontinuance or termination of your Site use privileges. However, the Terms will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Sites and Site Content, and anything connected with, relating to or arising therefrom.
These Terms and the relationship between you and us will be governed by the laws of the United States and the State of Colorado, without regard to its conflict of law provisions. Any cause of action arising under the Terms will be commenced and be heard in the appropriate court in the State of Colorado, County of Larimer. You agree to submit to the personal and exclusive jurisdiction of the courts located within Larimer County in the State of Colorado. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect. All provisions of these Terms that consist of or relate to notices, ownership of intellectual or other property, representations, warranties, limitations of liability, disclaimers, indemnification, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Sites or any Site Content, will survive the revocation, expiration or termination, in whole or in part, of these Terms. We reserve all rights not expressly granted in these Terms.
26. Intellectual Property Rights.
We respect the intellectual property rights of others, and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are repeat infringers of intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:
- Your postal address, telephone number, and email address
- A description of the copyrighted work that you claim has been infringed
- A description of where the alleged infringing material is located
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Instapure Brands, Inc.
Attention: Legal Department
3855 Precision Drive, Suite 180
Loveland, Colorado, 80538
27. Contact Us.
Please direct questions or comments about the Site, these Terms, or any products you purchased through the Site to:
Instapure Brands, Inc.
3855 Precision Drive, Suite 180
Loveland, Colorado, 80538
Online at CONTACT US
Last updated February 4, 2017
Terms and Conditions for Website Sales
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH INSTAPURE BRANDS, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through Instapure Brands, Inc. (“Instapure”) website (the “Site”). These Terms are subject to change by Instapure (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
1. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Instapure Brands, Inc. and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation by calling our Customer Service Department at +1.970.212.4100.
2. Prices and Payment Terms.
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
3. Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
4. Returns and Refunds.
We will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment and provided such products are returned in their original condition. To return products, you must call +1.970.212.4100. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Refunds are processed within approximately 15 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
5. LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
(a) Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
(b) What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
- improper use;
- failure to follow the product instructions or to perform any preventive maintenance;
- combination or use with any products, materials, processes, systems or other matter not provided or authorized;
- unauthorized repair;
- normal wear and tear; or
- external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
(d) What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for one year (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(e) What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services.
(f) How Do You Obtain Warranty Service?
To obtain warranty service, you must call 1.970.212.4100 during the Warranty Period.
(g) Limitation of Liability.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
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.
(h) What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 10 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
6. Goods Not for Resale or Export.
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
8. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
9. Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
10. DISPUTE RESOLUTION AND BINDING ARBITRATION.
YOU AND ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(a) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 10. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(b) You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
(c) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
12. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Instapure.
13. No Third Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Instapure Brands, Inc. 3855 Precision Drive, Suite 180, Loveland, Colorado 80538. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
16. Entire Agreement.
Last updated February 4, 2017