TERMS & CONDITIONS

Terms of Use Pure Chilean LLC Last Updated 04/2021 TERMS & CONDITIONS Please read the following Terms of Use before using or registering with the Pure Chilean Website.  These terms govern your access and use of this site.  If you do not agree to these terms and conditions, please do not use this Website. INTELLECTUAL PROPERTY RIGHTS This entire Website and its contents, including but not limited to text, graphics or code is copyrighted as a collective work and is the property of Pure Chilean, LLC.  The collective work includes works that are licensed to Pure Chilean, LLC.  Copyright 2021, Pure Chilean, LLC. USE OF THIS WEBSITE Subject to these Terms of Use & Conditions, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, limited license to access and use the Website for your personal, non-commercial use.  You may print hard copies and electronically copy portions of this Website for the purpose of placing an order with us or purchase products or for your own non-commercial, personal use.  Any other use is strictly prohibited.  You further agree that you will not use any portion of this Website in any form for commercial use or gain. USER GENERATED MATERIALS In the event that you post or upload to the Website or any other social media outlets managed or owned by Pure Chilean LLC, including but not limited to Instagram, Facebook, Snap Chat, Pinterest, Tumblr, or Twitter, you grant us a license to use the submissions you post.  By downloading, displaying, performing, transmitting or distributing content, you are granting us a license to use the submission in connection with the operation of our business.  You will not be compensated for our use of any submissions.  By posting, you warrant and represent that you own the rights to the content or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute the submission.  You agree that we may use, reproduce, distribute, create derivative works of and publicly display submissions. Harassment in any matter or form on the site, including via e-mail, comments uploads, chat or by use of obscene or abusive language, is strictly forbidden.  Impersonation of others, including an Pure Chilean LLC or other licensed employee, host or representative, as well as other members or visitors on the Website is prohibited.  You may not upload to distribute or otherwise publish through the Website or other social media platforms any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable which may constitute or encourage a criminal offense, violate the right of any party or which may otherwise give rise to liability or violate any law.  You may not upload commercial content on the site or use the site to solicit other to join or become members of any other commercial online service or other organization. ACCESS BY MINORS In order to purchase or register for an account, you must be 18 years of age.  If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you may not place an order on this Website.  Please see our Privacy Policy for more information about use of this Website by persons under the age of 18. We hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors, pursuant to 47 U.S.C. Section 230 (d), as amended. REGISTRATION If you set up an account with us to order products, you are agreeing to provide accurate and true information about yourself and to continue to maintain and update to keep it accurate.  This includes your email address.  If any of this information you provide to use is untrue, incomplete or outdated, we reserve the right to terminate your access and use of the Website. You are responsible for maintain the privacy and confidentiality of your user name and password for any and all activities conducted through your account.  You agree not to transfer or resell your use and access to a third party.  You are responsible for all of the activity on your account, including the use of your account by other people who you may or may not have authorized to use it.  Please notify us immediately of any breach of security or unauthorized use of your account. NUTRITION AND PRODUCT INFORMATION Any information on this Website is not meant to diagnose or treat any ailment as this should be done by a competent, experienced medical doctor.  It is important to remember that each individual’s body has specific requirements for nutrition and/or health.  Therefore, the information offered on this Website is for historical and general information only and Is not to be construed as medical advice or treatment for anyone.  Nothing on this Website is legal advice or medical advice or treatment.  Please check all ingredients to prevent potential allergic reactions.  Use of this Website is not meant to substitute for medical care or advice.  Please consult with your doctor or medical professional regarding the use of any goods, products or information.  IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY. COPYRIGHT ISSUES We support the protection of copyrights and follow the rules of the Digital Millennium Copyright Act of 1998 (DMCA), which provides recourse for copyright owners believed to be infringed upon.  If you believe any content on this Website infringes your copyright, please contact us at the below address with a notice of request to remove the materials. Pure Chilean, LLC e-mail: info@purechilean.com TERM AND CONDITION These Terms of Use & Conditions remain in effect until terminated.  They are applicable upon your accessing the site and/or completing a registration or shopping process.  We may immediately terminate these Terms and your access at any time for any reason, with or without cause, upon notice to you.  Certain provisions will remain in effect after the termination as allowable by law. LINKED DESTINATIONS This Website may direct you to third party websites through advertisements and/or posted content.  We have no control over third party properties and are not responsible for their content or privacy and other practices.  Redirection does not warrant approval or endorsement by us.  We are not responsible for any damage, loss or costs associated with third party sites.  Please become familiar with their practices and policies. WARRANTY DISCLAIMER WE HEREBY DISCLAIM ALL WARRANTIES.  THIS WEBSITE, INCLUDING ALL MATERIALS INCORPORATED THEREIN, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  YOU ASSUME THE RISK OF ANY AND ALL DAMAGES OR LOSS TO THE EXTENT PERMITTED BY LAW.  WE EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE AS ALLOWABLE BY LAW. INDEMNITY You agree to indemnify, defend and hold harmless Pure Chilean LLC, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of this Website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.  Pure Chilean LLC will notify you promptly of any such claim, loss, liability, or demand and will provide you with reasonable assistance, at your expense in defending any such claim, loss, liability, damage or cost. LIMITED LIABIILTY Pure Chilean LLC LIABILITY TO YOU IS LIMITED.  TO MAXIMUM EXTENT AS PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABLILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US.  This limitation shall apply regardless of whether the damages arise out of breach of contract, tort or any other legal theory or form of action. WAIVER AND SEVERABILITY If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.  No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. MISCELLANEOUS These Terms are governed by and construed in accordance with the laws of the State of Georgia, without regard to choice of law provisions.  You agree that any dispute that may arise between you and Pure Chilean LLC shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of New York, without giving effect to any choice or conflict of law provisions or rule (whether of the State of Georgia or any other jurisdiction).  DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW, BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY.  IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIALS.  WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.  ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. ASSIGNMENT These Terms of Use and any rights granted hereunder may not be transferred or assigned by you.  We may assign our rights under these Terms of Use without restriction. ENTIRE AGREEMENT These Terms of Use, our Privacy Policy and the other agreements referred to herein, if any, constitute the sole and entire agreement between you and Pure Chilean LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. ACKNOWLEDGEMENT BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

 

PRIVACY POLICY

 

PRIVACY POLICIES FOR Pure Chilean, LLC Last Updated: 04/2021 Pure Chilean, LLC, including all its subsidiaries and affiliates, (“Pure Chilean,” “we,” “our”, and “us”) is concerned about privacy issues and wants you to be familiar with what types of personal information we receive and collect and how we collect, use, disclose, share and protect your personal information. Pure Chilean does not sell your personal information to third parties. SCOPE AND CONSENT When you access or use the website, or otherwise provide any information to us, you agree to this Privacy Policy, including the manner in which we use the information, whether or not you have an account with Pure Chilean.  If you do not agree to this Privacy Policy or any subsequent changes, you must immediately stop using the website or otherwise providing any information to us. This Privacy Policy applies to anyway that you access our site, whether from a computer or mobile phone device or tablet device. We also like to interact with you on third-party sites where we post content or invite your feedback, including but not limited to Facebook, Twitter, Pinterest, YouTube, Instagram and Snap-Chat (“Third-Party Sites”).  This Privacy Policy does not govern the policies of those social media platforms.  Please read the privacy policies for those social media platforms.  This Privacy Policy governs all collection, use and disclosure of your personal information, whether through the Website or otherwise. The Privacy Policy does not apply to information collected on or through third party websites that are linked through this Website.  We are not responsible for the privacy practices of third parties or the content of their websites.  Again, please review other site’s privacy policies. CHILDREN UNDER 13 We comply with the Children's Online Privacy Protection Act of 1998.  The content and services provided by us or our affiliates, sponsors and advertisers are not intended for children under the age of (thirteen) 13.  No information is knowingly collected or retained from children under the age of 13, nor is any such information knowingly used for any marketing or promotional purposes whatsoever, either inside or outside the Website.  No part of the Website is designed to attract anyone under the age of 13.  Children are not eligible to use any services and/or products provided by us and we ask that children under the age of 13 not submit any personal information to us or visit the Website.  If we learn or have reason to suspect that a site user is under the age of 13, we will promptly delete any personal information in the user’s account and terminate their account. INFORMATION COLLECTED ABOUT YOU We may collect basic information about you including your name, address, telephone number, e-mail address, date of birth, username, password and other personally identifiable information.  If you place an order, credit/debit card and other billing information, including cardholder transaction data, card numbers, expiration dates, billing addresses and CVV codes will also be collected. Personal information is data that is directly related to a specific person, like name, birthdate, social security number.  We may collect anonymous data, that which is not directly linked to a specific person such as geographic location, age group, gender, product or concerns about the product.  If combined with personal information, anonymous data is then treated as personal information. This Website may include interactive sections where visitors can comment and post.  These comments and postings are not private and can be seen by anyone that visits the Website.  Any information posted and disclosed is considered public information.  Please consider this before posting any information. Information we collect automatically is information sent to us including service provider name and the date, tie and content of any messages sent from you to us.  IP address and other technical information collected from servers, which is automatically collected upon visiting the Website.  Technical information is not considered personal information unless it is linked to personal information about a specific user.  This also includes other information provided to us in any way, shape or form. HOW INFORMATION IS COLLECTED We collect information through the completion of electronic forms on the website or third-party hosted website, whether via computer or mobile device, through e-mail and other communications, telephone calls, surveys, referring websites or third parties, including social media sites such as Facebook, Twitter, Tumblr, Instagram, Pinterest, YouTube and others, the maintenance and analysis of Website server logs and via cookies, web beacons, and website server log analysis and other similar technological means. USE OF INFORMATION The information we collect is used to identify the parties with whom we are dealing and doing business.  We will never sell or share your information to a third party without your consent, however, we reserve the right to disclose and share your personal information to comply with legal process, respond to governmental requests, enforce our Terms and Conditions, protect our operations, protect the rights, privacy, safety or property of Pure Chilean, LLC, you or others and to permit us to pursue credit protection and risk reduction. We may use cookies to help us learn which areas of our site are useful and need improvement.  You can choose to accept or disable cookies through the settings in your browser.  If you choose to disable cookies, your experience at our Website may be diminished and some features may not work as they were intended.  We may also use cookies to deliver content specific to your interest or for other purposes. We may also use information collected for statistical and/or marketing purposes, to improve technologies, to deliver advertising and promotional information from our partners and third party vendors.  We will use your information as a greater collection of data and not individually by name or identifiable information.  We may track your use of the Website over time for the purposes of enhancing your experience on the Website and providing marketing messages, promotions, offers of products and services and other content which we think may be of specific interest to you. When we use third parties to assist us in collecting and/or processing your personal information, we typically request that they comply with this Privacy Policy and any other appropriate confidentiality and security measures. However, we make no representation or warranty that such third parties will comply with any such request. Please note that our service providers may be located in foreign jurisdictions and your personal information may be subject to the laws of those foreign jurisdictions and accessible to law enforcement and other authorities. SECURITY The Website has security measures in place to protect the confidentiality and security of your personally identifiable information.  This may prevent the loss, misuse and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse to you or to any third party arising out of any such loss, misuse or alteration. PRIVACY POLICY UPDATES We reserve the right to change this Privacy Policy at any time, simply by posting such change, update or modification to this Website and without any other notice to you.  Any changes made to this Privacy Policy will be effective immediately. The date stamp at the top of the page represents the last day this Privacy Policy was updated. If you have questions about this Privacy Policy, you can contact us at info@purechilean.com .  By maintaining an Account with us, or by using or accessing any products or services provided by us or the Website, you will be deemed to have agreed to and accepted this Privacy Policy.  It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms. CONTACT US If you have any questions regarding this Privacy Policy, or you wish to have your information removed from our database, please contact us as follows by e-mail: info@purechilean.com