Version 1.1, valid from February 1, 2020.
By accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided by or on behalf of Puratos Corporation or its affiliates (collectively, “Puratos,” “we,” “us” or “our”), you agree to be bound by the following Terms, in their entirety, when you: (1) Use, access, or visit the Sites; (2) Purchase or receive any good or service offered through the Sites (“Products”); (3) Listen to, access, or view any of the text, audio, video, graphics, or other content featured on the Sites (“Content”); or (4) access links to or view Puratos’ social media pages or accounts on third party social media websites, including, but not limited to, Facebook, Instagram, Pinterest, Twitter, Snapchat, and LinkedIn (“Social Media”).
PLEASE REVIEW THE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OF OTHERWISE USE THE SITES OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITES.
YOUR USE OF THE SITES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH BELOW. BY ACCEPTING YOU ARE AGREEING TO EVERY PROVISION OF THIS AGREEMENT WHETHER OR NOT YOU HAVE READ IT.
Puratos reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, by either sending an email notification, providing notice through the Sites , or updating the “Last Updated” date at the end of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. Such person or entity will also be referred to as “you” herein.
Puratos Corporation is a Delaware corporation with an address at:
1660 Suckle Highway Pennsauken, NJ 08110
The Sites and Products are intended for use by persons in the United States of America. At this time, we do not accept orders from persons outside the United States of America. As such, by placing an order through the Sites, you warrant that you: (1) Are legally capable of entering into these Terms; (2) Are at least 18 years old (if an individual); (3) Are a resident of, or an entity formed under the laws of, the United States of America; and (4) Are accessing the Site from a jurisdiction governed by the United States of America..
All Content on the Sites is intended solely for your own, non-exclusive and non-commercial use. You may access, and view the Content for your own, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Content; (2) do not modify or alter the Content in any way; and (3) do not provide or make available the Content to any third party. No right, title or interest in any viewed. Content is transferred to you as a result of your use of the Sites. Except as noted above, you may not print, copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or the Sites without first obtaining written permission from Puratos.
Puratos may terminate, change, suspend or discontinue any aspect of the Sites, including the availability of any features of the Sites, at any time and without notice. Puratos also reserves the right to block or deny access to the Sites to anyone at any time for any reason.
To access and use certain areas or features of the Sites, you will need to register for a Puratos account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account. You further understand and agree that Puratos may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.
By creating a Puratos account, you also consent to receive electronic communications from Puratos (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
All prices on our Sites are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Puratos will confirm the price of items selected after you place your order. While Puratos strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Photos are exemplary of product advertised and may reflect foods that are cooked or processed. Puratos reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, Puratos shall have the right, in its sole discretion, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Puratos will issue a refund to your credit card. Individual bank policies will dictate when this amount is credited to your account. We apologize for any inconvenience this may cause you.
Prices and availability of products offered by Puratos are subject to change.
Unless otherwise noted, prices do not include shipping costs or applicable taxes.
We will collect applicable sales, use and other taxes (collectively, "Tax") on Shipments made to jurisdictions for which we determine we have a duty to collect Tax applicable to your purchase.
After you place an order at the Sites using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Your receipt of an electronic or other form of order acknowledgement does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Puratos reserves the right at any time after receipt of your order to accept or decline your order for any reason.
If existing Puratos customers have negotiated payment terms, such negotiated payment terms shall apply to purchases made on this Site. For all other customers, payment shall be due in full prior to shipment (notwithstanding anything to the contrary in Puratos’ Standard Terms and Conditions of Sale).
From time-to-time, Puratos offers Promotions by and through the Sites or other means. The Promotions and your eligibility to participate in the Promotions will be governed by these terms and any additional terms and conditions communicated by us in connection with the offer of such Promotions.
While we make every effort to ensure the accuracy of all information, we reserve the right to limit refunds and replacements and to make corrections if an error occurs. Please check all shipping addresses carefully.
Puratos may, at its own discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by the same account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will notify you.
All prices are F.O.B. Seller’s point of shipment unless otherwise agreed to by Puratos in writing. Upon due tender of the Products for delivery at the F.O.B. shipping point, title to the Products passes to you and all risks of loss or damage pass to you, regardless of terms of payment or form of bill of lading, or the mode of shipment, or who pays the actual transportation charges.
All purchase and sale of Products in connection with the Sites shall be governed by Puratos’ Standard Terms and Conditions of Sale which is incorporated into these Terms. All terms and conditions contained in any prior oral and written communication between Puratos and you, including, without limitation, quotations, your purchase orders, and any other type of agreement and/or understanding between Seller and Company, which are different from Puratos’ Standard Terms and Conditions attached hereto shall not be binding. The failure of Puratos to object to any terms and conditions provided by you shall in no event be considered as an acceptance of such terms and conditions provided by you. You will be deemed to have agreed to Puratos’ Standard Terms and Conditions of Sale attached hereto by ordering or accepting any delivery of Products from Puratos.
We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government.
Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
“Puratos,” as well as related product and service names, design marks and slogans, are registered trademarks of Puratos N.V. and may not be used without permission. Unless otherwise noted, all Content is protected as copyrights, trademarks, service marks, trade names or other intellectual property owned, controlled or licensed by Puratos, one of its affiliates, or by third parties who have licensed their intellectual property to Puratos and is protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized duplication is a violation of law. No rights in any Content, including any trademark, service mark or trade name, are granted to you in connection with your use of the Sites. Puratos, its owner related entities, affiliates and licensors expressly reserve all intellectual property rights in all Content. Puratos has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords may constitute trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines may constitute unfair competition.
Tampering with the Sites, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Sites are prohibited. Violations of system or network security may result in civil or criminal liability. Puratos will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, the following: (a) accessing data not intended for such user or logging into a server or account which user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "mailbombing," or "crashing," or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
You agree to defend, indemnify and hold harmless Puratos, and its affiliates, owner related entities, and designees and each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, predecessors in interest, successors, assigns, or the like (collectively, "Associates"), from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Sites, the Products, or any information obtained therefor other than as expressly authorized in these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify Puratos of any third-party claims, cooperate with Puratos in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Puratos.
THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER PURATOS NOR ITS ASSOCIATES WARRANT THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PURATOS, NOR ITS ASSOCIATES, WARRANTS THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITES. FURTHER, PURATOS MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITES IS APPLICABLE TO, OR APPROPRIATE FOR, USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
ALL PRODUCT PRICING, SPECIFICATIONS, AND OFFERINGS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE SITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS.
IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THESE TERMS, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT OR REFUND.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PURATOS OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES); OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM PURATOS OR FROM EVENTS BEYOND PURATOS’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS,BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE PURATOS FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH PURATOS PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PURATOS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE PURATOS SITES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF PURATOS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORSEEABLE.
These Terms, and any disputes arising between you and Puratos related in any way to these Terms or Puratos Services, including but not limited to disputes over billing, service, privacy, advertising, or Puratos or its Associates' communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the State of New Jersey, without regard to choice of law principles.
Any dispute arising out of, or related to, these Terms shall be resolved exclusively in the state courts of the State of New Jersey sitting in Camden County or the federal courts of the United States for the District of New Jersey sitting in Camden, New Jersey. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Sites infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). All notices of infringement should be sent to the designated agent of Puratos identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Sites, (d) your address, telephone number, and e-mail address, (e) a written 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, and (f) 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.
Notices of infringement should be directed to the following designated agent of Puratos:
Puratos Corporation, 1660 Suckle Highway, Pennsauken, NJ 08110, Attention: Legal
Or e-mail: InfoUS@puratos.com
If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Sites is infringing upon a copyright, you may be held liable for damages and attorneys' fees. If you believe that your content, information, or communication has been removed from the Sites due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.
If any of these Terms are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
No waiver by Puratos of any provision in these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under these Terms does not constitute a waiver of such right or provision.
These Terms and any document expressly referred to in them constitute the whole agreement between you and Puratos, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any contract. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Puratos. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Puratos on or by the Sites or otherwise disclosed, submitted or offered to Puratos (collectively, "Comments") shall be and remain Puratos' property, which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to Puratos of all worldwide rights, title and interest in all copyrights and other intellectual property in the Comments. Puratos is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments. You agree that no Comments submitted by you to Puratos will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.