PLEASE READ SECTION 17 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION, NOT A JURY TRIAL OR CLASS ACTION, AND IT EXPLAINS HOW TO OPT OUT.
These Terms of Use ("Terms") are an agreement between you and Purity Cosmetics, Inc., doing business as 100% PURE ("100% PURE," "we," "us," or "our"). They apply to 100percentpure.life and our other websites that link to these Terms (the "Site"), purchases you make through the Site, your account, and our Purist Perks program (together, the "Services").
You accept these Terms when you place an order, create an account, join Purist Perks, or sign up for our emails or texts, each time by clicking a button next to a notice that links to these Terms. If you do not agree, please do not use the Services.
Our Privacy Policy explains how we handle personal information. Using the Site does not mean you agree to optional cookies or tracking. You make those choices in our cookie banner and can change them at any time with the "Do Not Sell or Share My Personal Information" link at the bottom of every page.
You must be at least 18, or the age of majority where you live, to make a purchase or create an account. You are responsible for keeping your password safe and for activity under your account. Tell us right away if you think someone else is using it.
All orders are offers to buy and are subject to our acceptance. We may limit or cancel any order, including for suspected fraud, resale, or a pricing or product error. If a product is listed at the wrong price, we may cancel the order even after confirmation, and we will refund any amount charged. Prices, promotions and availability can change without notice. Taxes and shipping are shown at checkout. Promotions are subject to our Promotions Terms and Conditions.
Shipping times are estimates. Our returns and exchanges policy is at 100percentpure.life/pages/returns-and-exchanges and is part of these Terms. International orders may be handled by our shipping partner under its own terms, shown at checkout.
We try to describe our products, ingredients and colors accurately. Colors can look different on different screens, and packaging may vary between batches. Always read the ingredient list on the package you receive. Our products are cosmetics. Information on the Site is not medical advice. If you have allergies or a skin condition, check with a doctor first, and stop using a product if irritation occurs.
Our gift cards do not expire. They cannot be redeemed for cash except where the law requires it. California residents may redeem a gift card with a balance under $10 for cash by emailing [email protected]. We are not responsible for lost or stolen gift cards.
Membership. Purist Perks is a free rewards program for individual customers in the United States who are 18 or older. One account per person. No purchase is needed to join. Void where prohibited. Membership in Purist Perks does not give rights in any program run by an affiliate in another country.
Earning and redeeming. You earn one (1) point for every U.S. dollar spent on merchandise online or in a U.S. 100% PURE store. Points expire after 12 months with no account activity. Points can be redeemed for rewards ("Perks") we choose, while supplies last, and may require a minimum point balance and a purchase at the time you redeem. You may redeem no more than one of each Perk per order and no more than 10 of any one Perk per year. Points have no cash value, cannot be transferred, and are never redeemable for cash. We cannot reship a free Perk that arrives damaged, wrong or missing, but please contact customer service.
Tiers. Pure Enthusiast status is given to members who create an account. Pure Activist status is given to members who spend at least $250 on merchandise online or in U.S. stores. Pure Revolutionist status is given to members who spend at least $750 on merchandise online or in U.S. stores and includes free upgraded ground shipping on U.S. online orders while logged in. Activist and Revolutionist status last 12 months from the date reached, then must be earned again.
Communications. When you join, we will send you program emails. You can manage marketing emails and texts as described in our Privacy Policy, or call 1-844-PURE100 (1-844-787-3100).
Changes and ending the program. We may change the program rules, benefits or tiers, or end the program, by posting the change on the Site. Where the law requires, we will give advance notice. We may remove a member for abuse, fraud, breaking these Terms, or 24 months of inactivity. If your membership ends, unused points expire.
If you sign up for texts, you agree to receive recurring automated marketing and personalized text messages (such as cart reminders) from 100% PURE at the number you gave us. Consent is not a condition of any purchase. Message frequency varies, usually 2 to 3 messages a week. Message and data rates may apply. Reply STOP to cancel or HELP for help, or email [email protected]. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for how we handle your information.
You agree not to: harass anyone; impersonate anyone; post content that is unlawful, defamatory, obscene, threatening or infringes anyone's rights; post spam or advertising; scrape, copy or harvest the Site or its data by automated means; interfere with the Site's security or operation; or use the Site for any unlawful purpose. We may remove content and suspend or end access for anyone who breaks these rules.
If you submit a review, photo, comment or other content, you confirm it is your own honest opinion and that you have the right to share it. You give us a non-exclusive, royalty-free, worldwide license to use, copy, display and adapt it in connection with our business, with your name or handle if you included one. We do not have to post or keep any content and may remove content at our discretion. We do not edit reviews to change their meaning.
The Site and its content, including text, images, graphics, logos and software, belong to 100% PURE or our licensors and are protected by copyright and trademark law. You may view and print pages for your own personal, non-commercial use. 100% PURE, Purist Perks and our logos are our trademarks and may not be used without our written permission. Other names and logos belong to their owners.
If you believe content on the Site infringes your copyright, send our Copyright Agent a notice that includes: (i) your physical or electronic signature; (ii) a description of the copyrighted work; (iii) where the material is on the Site; (iv) your address, phone number and email; (v) a statement that you believe in good faith the use is not authorized by the owner, its agent or the law; and (vi) a statement, under penalty of perjury, that the information is accurate and you are authorized to act for the owner.
Copyright Agent:
Ric Kostick
Purity Cosmetics, Inc.
2221 Oakland Road, San Jose, CA 95131
e-mail: [email protected]
telephone: (844) 787-3100
If your content was removed and you believe that was a mistake, you may send a counter notice to the Copyright Agent with your signature, identification of the material and where it appeared, a statement under penalty of perjury that it was removed by mistake or misidentification, your name, address, phone number and email, and your consent to the jurisdiction of the federal court where you live (or California, if outside the U.S.) and to accept service from the person who made the original notice. We will forward it, and may restore the material after 10 business days unless the original party tells us it has filed a court action. We will end access for repeat infringers in appropriate circumstances.
The Site may link to or include services from other companies, such as payment providers and social media platforms. We do not control them and are not responsible for their content or practices. Their own terms and privacy policies apply.
TO THE FULLEST EXTENT THE LAW ALLOWS, THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT PROMISE THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS. This Section does not limit any warranty that comes with a product you buy or any rights you have under consumer protection law. Some states do not allow these limits, so they may not apply to you.
TO THE FULLEST EXTENT THE LAW ALLOWS, 100% PURE AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICES OR PURIST PERKS, INCLUDING CHANGES TO OR THE END OF THE PROGRAM. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICES WILL NOT BE MORE THAN THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR $100. These limits do not apply to liability that cannot be limited by law, such as for death or personal injury caused by negligence, fraud, or rights you have under consumer protection or privacy statutes that cannot be waived. Some states do not allow these limits, so they may not apply to you.
You agree to defend and hold harmless 100% PURE and its officers, directors, employees and agents from claims, losses and costs (including reasonable attorneys' fees) arising from your breach of these Terms or misuse of the Services, to the extent the law allows.
17.1 Scope. You and 100% PURE agree that any dispute, claim or controversy arising out of or relating to the Services, the Site, any product bought from us, our privacy or data practices, marketing communications, or these Terms, whether based in contract, statute, tort or any other legal theory, and including whether a claim must be arbitrated (a "Claim"), will be resolved as set out in this Section 17. This Section is governed by the Federal Arbitration Act.
17.2 Exceptions. Either of us may (a) bring an individual Claim in small claims court if it qualifies and stays there, or (b) ask a court for an injunction to stop infringement or misuse of intellectual property.
17.3 Informal resolution first. Before starting arbitration or a small claims case, the party with a Claim must send a written Notice of Dispute to the other. Notices to us go to Purity Cosmetics, Inc., Attn: Legal, 2221 Oakland Road, San Jose, CA 95131, with a copy to [email protected]. The notice must be individual to one person and include: your name, mailing address, phone number and the email address used with your account or orders; a description of the Claim and the facts; the specific relief and amount you seek; and your personal signature, even if you have a lawyer. A notice covering more than one person is not valid for anyone. For 60 days after a valid notice is received, the parties will try in good faith to resolve the Claim, including through an individual phone or video call of up to 30 minutes if either party asks, which you will attend personally (your lawyer may join). Statutes of limitations and filing deadlines are paused while this process runs. Neither party may start arbitration until it is complete. An arbitrator or court may enforce this Section 17.3, including by pausing or dismissing an arbitration started without it.
17.4 Binding individual arbitration. If the Claim is not resolved, it will be decided only by binding arbitration before JAMS, under its Streamlined Arbitration Rules and Procedures (or its Comprehensive Rules if a Claim is over $250,000) and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, as changed by these Terms. JAMS rules are at jamsadr.com. If there is a conflict between the JAMS rules and these Terms, these Terms control, except where the Consumer Minimum Standards require otherwise. YOU AND 100% PURE ARE EACH GIVING UP THE RIGHT TO A JURY TRIAL AND TO GO TO COURT, except as stated in Section 17.2. The arbitrator may award the same individual relief a court could, including statutory damages and attorneys' fees where the law allows, but only for the individual party making the Claim.
17.5 Fees. If you are a consumer, your share of the JAMS fees will not be more than $250, or the lower amount the JAMS consumer rules set, and we will pay the rest of the JAMS filing, administrative and arbitrator fees. Each party pays its own attorneys' fees and costs unless the law or the arbitrator's award provides otherwise. The arbitration will take place in the county where you live, or by phone or video, unless we both agree otherwise.
17.6 Class action and jury waiver. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not combine more than one person's claims and may not award relief to anyone other than the individual party. The JAMS Class Action Procedures do not apply. If a court decides that this Section 17.6 cannot be enforced for a particular claim or type of relief, that claim or relief (and only that) will be decided in court, after the individual arbitration of all other claims is finished, and the court case will be paused until then.
17.7 Mass arbitration. If 25 or more similar Notices of Dispute or demands for arbitration are submitted by or with the help of the same or coordinated lawyers or organizations ("Mass Filing"), the following applies in addition to the rest of this Section 17: (a) the JAMS Mass Arbitration Procedures and Guidelines apply; (b) the claims will be filed and heard in batches of no more than 50 claimants each, in an order chosen by the parties (or at random if they cannot agree), and no more than one batch may proceed at a time; (c) one arbitrator will hear each batch, unless the parties agree otherwise; (d) fees for the remaining claims will not be due, and their claims will be paused, until their batch begins; (e) statutes of limitations for paused claims are tolled while they wait; and (f) the parties will in good faith discuss resolving the remaining claims after each batch, including through mediation. A court will have authority to enforce this Section 17.7 if any party disputes it. This Section 17.7 is meant to make mass filings efficient and fair for both sides, and nothing in it limits an individual's right to arbitrate their own Claim.
17.8 Thirty day right to opt out. You can opt out of arbitration under this Section 17 by sending a signed letter or email stating that you opt out, with your name, mailing address and the email address used with your account, to the address in Section 17.3, within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms or any earlier arbitration agreement you have with us.
17.9 Severability. If any part of this Section 17 is found unenforceable, the rest stays in effect, except as stated in Section 17.6.
17.10 Changes and earlier disputes. This Section 17 applies to Claims first raised after its effective date. Any dispute for which a Notice of Dispute, demand letter or arbitration demand was sent to us before the effective date of these Terms will continue to be governed by the dispute resolution terms in effect when it was first raised. If we change this Section 17 in the future, the change will not apply to a Claim you already raised with us, and you may reject a material change within 30 days of it taking effect, in which case the most recent version you accepted will continue to apply.
To the extent the law allows, any Claim must be raised within one (1) year after it arises, or it is permanently barred. This does not shorten any period that cannot be shortened under applicable law.
These Terms are governed by the Federal Arbitration Act and, otherwise, the laws of the State of California, without regard to its conflict of laws rules. Subject to Section 17, any court case will be brought only in the state or federal courts located in Santa Clara County, California, and you and we consent to personal jurisdiction there.
These Terms are meant to apply only as broadly as the law where you live allows. Nothing in them limits rights you have as a consumer that cannot be waived. If you are a New Jersey consumer, Sections 14, 15, 16, 18 and 19 do not limit or waive your rights under New Jersey law. We keep all rights, defenses and limits allowed by the law of your state. Nothing in this Section 20 changes Section 17.6.
We may update these Terms. We will change the "Last updated" date and, for material changes, give notice on the Site or by email. Changes apply going forward and, for Section 17, as stated in Section 17.10. If you keep using the Services after a change takes effect, the updated Terms apply.
These Terms, our Privacy Policy and any program or promotion rules we post are the full agreement between you and us about the Services. If any part of these Terms is unenforceable, the rest stays in effect (subject to Section 17.6). Our failure to enforce any part is not a waiver. You may not transfer these Terms; we may transfer them to a successor. We may send notices to you by email, by text if you have opted in, or by posting on the Site. Sections that by their nature should survive the end of these Terms will survive.
Purity Cosmetics, Inc. (100% PURE)
2221 Oakland Road, San Jose, CA 95131
Toll-free: 1-844-PURE100 (1-844-787-3100)
Customer service: [email protected]
Legal notices: [email protected]
