TERMS OF USE AND SALE

1. Terms of Use and Sale. By viewing this website you agree to be bound by the following Terms of Use and Sale (“Terms”). You have no right to use this website and cannot claim any damage as a result of your use of this website or your inability to use this website. By purchasing goods sold by or through Live Pure, you have agreed to the following Terms.

2. Copyrighted Information. The contents of the Live Pure website pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by Live Pure. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring Live Pure services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use Live Pure icons, website address, or other means to hyperlink other Internet sites with any page in the Live Pure website, and Live Pure assumes no responsibility for any other party’s site hyperlinked to the Live Pure website or in which any part of the Live Pure website has been hyperlinked. These prohibitions may only be waived by Live Pure and its owners(s).

3. Intellectual Property Rights of Others. We respect the intellectual property rights of others and request that our visitors do the same. Pursuant to Section 512(c) of the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, a copyright owner or its authorized agent may submit a notification for believed copyright infringement based on material that is residing on Live Pure. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

Live Pure
Mary Cope
PO Box 3422
Lynchburg, VA 24503

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

4. Material You Submit. You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this website any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the website.

5. Privacy Statement. Live Pure does not collect personally identifiable information about individuals who visit our website except when the information is specifically provided on a voluntary basis. Personally identifiable information on individual users and buyers will not be sold or otherwise transferred to unaffiliated third parties without the approval of the user or buyer. The user or buyer can notify Live Pure whether he or she would like to “opt out” of receiving promotional and/or marketing information about other products, services and offerings from Live Pure and/or any third parties. Further, notwithstanding any opt-out of promotional information by the user or buyer, Live Pure reserves the right to contact a subscriber regarding account status, changes to the subscriber agreement and other matters relevant to the underlying service and/or the information collected.

Live Pure may perform statistical analyses of user or buyer behavior and characteristics in order to measure interest in and use of our website. We may also inform advertisers of such information as well as the number of users or buyers that have been exposed to or clicked on their advertising banners. Only aggregated data from these analyses will be provided to third parties.

6. Credit Card Purchases. Information provided for your purchase (including billing name, billing address and telephone number) will not be shared or sold to anyone outside of Live Pure nor to any third party. Payment information (credit card numbers and expiration dates) is treated confidentially and will not be shared with anyone except the financial institutions used to process payments. We use Woo Commerce to protect your billing information. Woo Commerce encrypts information and keeps the data private and confidential between your machine and Live Pure. This technology makes it safe to transmit your credit card number over the Internet.

7. Deliveries and Returns. Live Pure products should arrive FROZEN (not refrigerated) and must be stored at or below 30°F. Always inspect ingredients and make sure they arrive frozen. We recommend that you immediately place the product in the freezer.

Live Pure does not accept returns. However, if your product arrives damaged or unfrozen, please take a picture of the product and email it to smoothies@livepure.love.

8. DISCLAIMERS.

a. USE. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. LIVE PURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIVE PURE OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. LIVE PURE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

b. GOODS. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE WEBSITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LIVE PURE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE WEBSITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.

WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT AND TO MODIFY, SUSPEND OR STOP PROVIDING ACCESS TO THE WEBSITE OR ANY FEATURES OR FUNCTIONALITY OF THE WEBSITE AND THE PRODUCTS AT ANY TIME WITHOUT NOTICE AND WITHOUT OBLIGATION OR LIABILITY TO YOU. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION BY TRADE NAME, TRADMARK, MANUFACTURER, SUPPLIER, VENDOR OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY LIVE PURE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

c. SAFE HANDLING. YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING THREE MAJOR U.S. ALLERGENS (SOY, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS. YOU AKNOWLEDGE AND AGREE THAT WE USE RAW, UNPASTEURIZED PRODUCE AND ALTHOUGH WE TAKE CARE TO MAINTAIN HIGH STANDARDS OF CLEANLINESS IN EVERY PHASE OF PRODUCTION, HARMFUL BACTERIA MAY STILL EXIST.

9. LIMITATION OF LIABILITY.

a. USE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER LIVE PURE NOR ANY THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR YOUR PURCHASE OR USE OF PRODUCTS PURCHASED VIA THIS WEBSITE.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. GOODS. BUYER AGREES WITH RESPECT TO THE PURCHASE OF GOODS SOLD THROUGH THIS WEBSITE OR ADVERTISED OR LISTED HEREON, SELLER’S LIABILITY SHALL BE LIMITED TO REPLACING ANY NON-CONFORMING GOODS, AND THAT SUCH REPLACEMENT SHALL RELEASE LIVE PURE AND ITS OWNER(S) FROM ALL OTHER DAMAGES. THE OBLIGATION TO REPLACE THE GOODS SHALL TERMINATE ONE MONTH AFTER THE DELIVERY OF THE GOODS TO BUYER. LIVE PURE’S AND ITS OWNERS’ LIABILITY TO BUYER SHALL, IN NO EVENT, INCLUDE ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, REVENUE, OR PROFIT EVEN IF SELLER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIVE PURE’S AND ITS OWNERS’ LIABILITY TO BUYER SHALL, IN NO EVENT, EXCEED THE AMOUNTS PAID BY BUYER TO LIVE PURE UNDER THESE TERMS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. Risk of Loss. All risk of loss or damage of the goods shall be borne by the buyer from the time of buyer’s selection, excepting any loss or damage resulting from any intentional or grossly negligent acts or omissions by Live Pure or its employees.

11. Indemnity, Assumption of Risk, and Release. Users and/or buyers expressly agree to indemnify and save Live Pure, its agents, officers, directors, members and employees harmless from and against any and all claims, loss, damages, injury, liability and costs, including but not limited to reasonable attorneys’ fees and court costs, however caused, resulting from, arising out of, or in any way connected with the use of Live Pure website or the purchase and/or use of any of the goods purchased from Live Pure, or by any fraud, negligence or alleged negligence on the part of Live Pure, its agents, officers, directors, members, employees, contractors, or subcontractors.

Specifically, users and/or buyers expressly agree to assume the risk of exposure to any allergens contained in Live Pure’s products or bacteria that might be found in Live Pure’s unpasteurized products and further agree to hold harmless Live Pure and to release Live Pure from any and all claims, demands, losses, lawsuits, causes of action and damages arising from the purchase, use or consumption of Live Pure products. This release and waiver of liability includes all injuries, allergic reactions, illnesses or deaths arising from the purchase, use or consumption of Live Pure’s products.

12. Right to Amend Terms. Live Pure reserves the right to make changes and improvements to its website and products at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of this website following the posting of changes to these Terms or other policies means you accept the changes.

13. Jurisdiction. Live Pure is a limited liability corporation located and registered in the Commonwealth of Virginia in the United States of America, and this website is operated in the United States. The laws of the Commonwealth of Virginia govern these Terms, and you irrevocably consent to the jurisdiction and venue of the courts located in the City of Lynchburg, in the Commonwealth of Virginia for any action to enforce these Terms. We recognize that it is possible for you to obtain access to this website from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on this website, or your use of the website, is contrary to the laws of the place where you are when you access it, the website is not intended for you, and we ask you not to use the website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

14. Miscellaneous. If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms constitute the entire agreement and understanding between you and Live Pure with respect to use of the website and purchase of any goods from or through this website, superseding all prior or contemporaneous communications. A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the website or the purchase of any goods from or through this website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.