Isopure - Terms and Conditions

Privacy Policy

Last Updated: June 30, 2020

This Privacy Policy applies to your access and use of the Isopure website (the “Site”) provided by Glanbia Performance Nutrition (NA), Inc. d/b/a The Isopure Company, LLC and/or its corporate parents, subsidiaries or affiliates (collectively, “the Company”, “we”, or “us”). By accessing or using the Site, you agree that you have read and agree to be bound by this Privacy Policy. If you don’t agree, please do not use the Site.

When you use the Site or otherwise interact with the Company, we may collect information about you, and we may share some of all of that information with third parties in certain circumstances. This Privacy Policy will give you more details and information about such collection, use and sharing.

Our business is located in the United States. By using the Site, you understand and agree that any information you submit or is gathered about you will be transmitted to and stored in the United States.

You further consent to the use and disclosure of that information accordance with applicable U.S. Federal and State laws and with this Privacy Policy.

This Privacy Policy may be updated and changed from time to time. Please check periodically for changes.

1.     COLLECTION, USE AND SHARING OF PERSONAL INFORMATION

a.     How We Collect Personal Information.

We may collect different types of information that identify you or relate to use as an individual (“Personal Information”), including:

Information You Provide to Us. We may ask you to provide these categories of Personal Information when using the Site or otherwise interacting with us:

  • User Information. Information you provide about yourself to use or access the Site, such as your name, date of birth, mailing address, telephone number, e-mail address and username and password (for account administration).

  • Financial Information. In order to assure payment processing, we may collect information related to your financial accounts and other payment information.

  • Self-Reported Information. Additional Personal Information you may provide about yourself, such as information provided in survey responses, “Join Our Team” request submissions, participation in sweepstakes, contests or promotions, suggestions for improvements or product innovations, referrals, reviews, complaints or other submissions or any other actions performed on the Site or when otherwise interacting with us.

Information We Collect from Your Use of the Site. We collect Personal Information about you and the devices you use to access the Site as described below:

  • Service Data. Information about your interactions with the Site, such as the pages or other content you view, and other actions you perform while using the Site.

  • Device & Log Information. Information about your device, including your Device ID, IP address, hardware model, operating system and version, device name, and aggregated information such as “click stream” information which means entry and exit points (including referring URLs or domains), traffic statistics, page views, and impressions, all of which are collected automatically.

  • Geolocation Information. The location of your device, upon your voluntary consent

  • Cookie Information. Information collected through cookies, web beacons, pixel tags and other technologies described in more detail later in the Cookies and Web Beacons section of this Privacy Policy.

b.     How We Use Personal Information

We may use Personal Information about you for purposes described in this Privacy Policy or as otherwise disclosed to you. This includes the following:

  • To Provide You With the Site. We may process and manage your account and your purchase and use of our products and services.

  • To Communicate with You. We may use your Personal Information to respond to your inquiries or requests. We may also send you communications about offerings from the Company and our marketing partners. If you enter a sweepstakes, contest, or similar promotion, we may use the information that you provide to administer those programs. We may also use your Personal Information to market to you, create and deliver personalized promotions based on your purchases and other interactions with us, and develop marketing materials. You may opt-out of marketing communications at any time by clicking the “unsubscribe” link in a marketing email.

  • For Research and Development. We utilize your Personal Information to improve our online services, analyze usage and interests, identify usage trends, determine the effectiveness of our promotional campaigns, and to operate and expand our business activities.

  • To Enforce our Terms and Agreements and Prevent Misuse. To maintain a safe, secure, and trusted environment for you when you use the Site, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, mitigate, and report fraud, misrepresentations, security breaches or incidents, other potentially prohibited or illegal activities on the Site for your protection. We are required to process your Personal Information for this purpose to provide the Site.

  • To Comply with Applicable Laws. To verify your identity; comply with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process; fulfill any other purpose disclosed to you in connection with the Site; contact you to resolve disputes, collect fees, and provide assistance with the Site.

c.     Sharing of Personal Information

At times, we may make certain Personal Information available to strategic partners that provide services to us or if we determine that such disclosure is necessary to comply with the law. Specifically, we may share your Personal Information in the following ways:

  • To Provide Our Services To You. We may disclose your Personal Information to third-party service providers so that they may provide us with services such as payment processing, website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services necessary to the Site and services you request.

  • Disclosure to Third Parties. We may disclose your Personal Information collected for a business purpose in connection with marketing and accessing the Site to certain third parties. The subsequent usage of any Personal Information shared with third parties shall be governed by each third party’s respective privacy policy.

  • Compliance with Law. We may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliated companies; (6) to protect the rights, privacy, safety or property of Company or others; and (7) to enforce our terms and conditions.

  • Corporate Transactions or Events. We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.

d.     Use or Sharing of Non-Personal Information

Non-personal information may be used for any purpose not prohibited by law. For example, we may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all information that does not identify an individual (or that has been modified to remove individual identification).

e.     Cookies, Web Beacons and Online Advertising

The Company and its agents use small text files called cookies, and other website tracking technology similar to cookies such as pixel tags, web beacons, and clear GIF files.

What are Cookies? Cookies are small pieces of data that we and our agents place in your computer’s browser to store your preferences. Cookies may be linked to Personal Information that you provide to us through your online interaction with us. A cookie will typically contain the name of the domain (internet location) from which the cookie has come, the “lifetime” of the cookie (i.e. when it expires), and a value, usually a randomly generated unique number.

Types of Cookies. Each cookie performs one or more of the following functions:

  • Essential Cookies: These first party cookies allow you to use a feature of the Site, such as to stay logged in or make a purchase.

  • Analytics Cookies: These can be first party or third-party cookies. Such cookies track information about how the Site is used so the Company can make improvements and report on our performance. The Company may also use such cookies to test new ads or features.

  • Ad Targeting Cookies: These third-party cookies (also called “behavioral” or “targeted” advertising) are placed by advertising platforms or networks to deliver ads and track performance or to deliver ads based upon your activities.

How We Use Cookies. We use cookies so that we can improve your online experience – for example, by remembering you when you come back to visit us, and making the content you see more relevant to you. Cookies also enable us to track online purchases made through the Site and target relevant advertisements to you.

Analytics. We use third-party analytics such as Google Analytics to gather and analyze anonymous user information. Google Analytics is a web analytics service provided by Google, Inc. ("Google"), to collect information about use of the Site. Google may use cookies to collect information about your purchase history, the content you view, what websites you visit immediately prior to and after visiting the Site, and your system information and geographic information. The information generated by the Google cookies about your use of the Site will be transmitted to and stored by Google. The information collected by Google allows us to analyze the use of the Site, but does not identify you.

Online Advertising. We use cookies to help manage our online advertising program. These technologies may enable us (or third-party advertising services we work with) to learn which advertisements bring users to the Site. They also may enable us (or third-party advertising services we work with) to track the actions of users online over time and across different web sites or platforms to measure statistics of our marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience.

Your Control of Cookies. Web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. Please understand, however, if you disable cookies, some features of the Site may not work as well (or at all) for you.

Do Not Track Requests. The Company does not take action in response to Do Not Track signals.

2.     CALIFORNIA RESIDENTS PRIVACY RIGHTS

This section only applies to individuals who are residents of California under the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws (together “California Laws”).

a.     Personal Information Collected.

Below is a summary of the Personal Information the Company has collected in the preceding twelve months, the source of the information, the purpose of information collection, and how we share it as defined and outlined in California Law. 

Categories of Information Collected and Examples

Identifiers

Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name or other similar identifiers

Personal information under 
California Civil Code section 1798.80

Name, signature, physical characteristics or description, address, telephone number, education, employment, employment history, bank account number, credit or debit card number or other financial information

Protected classifications under California and Federal Law

Race, religion, sexual orientation, gender identity, gender expression, age

Commercial information

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

Biometric information

Hair color, eye color, height and other biometric data

Internet or other
similar network activity

Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement

Geolocation data

Physical location or movements

Sensory data

Audio, electronic, visual or similar information

Professional or employment-related information

Current or past job history

Inferences

Preferences, characteristics, psychological trends, predispositions, behavior, attitudes

How We Collect Information

Information You
Provide to Us

For example, User Information, Financial Information or Self-Reported Information that you choose to submit or provide to us, as described in Section 1 above.

Information We Collect
From Your Use of the Site

For example, Service Data, Device & Log Information, Geolocation Information, or Cookie Information, as described in Section 1 above.

Information from
Vendors or Third-Parties

For example, companies that work with us to market our products to you.

Purpose of Information Collection

We collect Personal Information to provide you with the Site, to communicate with you, for Research and Development, to Enforce our Terms, Agreements, and Policies, and to Comply with Applicable Laws, as outlined in Section 2 above.

How We Share Personal Information

We share Personal Information to Perform Services for you, in connection with Corporate Transaction or Events, in Compliance with Law, in Disclosures to Third Parties, for Third Party Marketing, and any other purpose with your consent, as outlined in Section 3 above.  The Company does not sell personal information.

b.     California Residents’ Privacy Rights.

Under California Laws, California residents have the following rights (“Rights”) listed below. Your Right to Access and Right to Deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of the business’s systems of networks.

Disclosure & Access Rights. California residents have the right to request that we disclose to them (i) the categories of personal information we have collected about them, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual.

Deletion Rights. California consumers have the right to have their Personal Information deleted, unless the Personal Information is necessary for the business or service provider to:

  • complete a transaction for which the Personal Information was collected, provide a good or service requested by the consumer or otherwise perform a contract between the business and the consumer;

  • detect security incidents;

  • protect against malicious, deceptive, fraudulent or illegal activity (or prosecute those responsible);

  • debug to identify and repair functionality errors;

  • exercise or ensure the right of another to exercise free speech or another legal right;

  • comply with the California Electronic Communications Privacy Act, which compels the production of or access to electronic communication information or electronic device information with a search warrant;

  • engage in research in the public interest (if the consumer has provided informed consent);

  • to enable solely internal uses aligned with the consumer's expectations given their relationship with the business; comply with a legal obligation;

  • otherwise use the information internally in a lawful manner compatible with the context in which the consumer provided it.

Opt-Out of Selling Your Personal Information to Third Parties. Californian consumers have the right to opt-out of having their personal information sold to third parties. We do not engage in such sales of personal information.

c.     Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by clicking http://www.theisopurecompany.com/california_consumer_privacy_act.html and completing the online request form.  Alternatively, you can contact the consumer affairs department at 1-800-705-5226 or [email protected].  Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

If you use an authorized agent to exercise your rights, we will require you to provide your authorized agent with either (1) your power of attorney authorizing the authorized agent to act on your behalf or (2) your written authorization permitting the authorized agent to request access to your personal information on your behalf together with the identity verification information for you described above and confirmation that you have provided the authorized agent permission to submit the request.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include describing your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

d.     Response Timing and Format 

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless the request would exceed an hour to complete. In the event the request will exceed an hour to complete, we will notify you before continuing with the request with the estimated time it will take to complete and the total estimated fee. The fees may be less than the estimated amount but may not exceed the estimated amount. No fees will be assessed without prior acknowledgment and consent. This acknowledgment or consent may include verbal or written authorization. The acknowledgment and consent will be documented on the summary of fees when the request has been completed.

e.     Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.

  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

  • Provide you a different level or quality of goods or services.

  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

f.      Questions or Comments. If you have any questions or would like further information regarding this California privacy policy, please contact:  [email protected].

g.     Last Updated. This privacy policy was last updated on June 30, 2020.

h.     Other California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, also known as the “Shine the Light Law,” any of our users who are California residents are entitled to request and receive once a year, free of charge, a notice from us describing what categories of personal customer information (if any) we shared with third parties or corporate affiliates for their direct marketing purposes during the preceding calendar year. If applicable, the notice will identify the categories of information shared, the names and addresses of the third parties and affiliates with which information was shared. If you are a California resident and would like to request a copy of this notice, please submit a written request to the following address: The Isopure Company, Inc., Attn: Consumer Affairs Department, 3500 Lacey Road, Suite 1200, Downers Grove, Illinois, 60515. In your request, please specify that you want a “California Privacy Rights Notice.” Please allow at least thirty days for a response.

3.      NEVADA RESIDENTS

Nevada law entitles you to request that we refrain from sale of your personal information to other entities, for purposes of resale. We do not engage in such sales of personal information.

4.      CHILDREN

The Site is not intended for anyone under the age of 13. We will not knowingly collect any Personal Information from children under the age of 13. If we learn that we have obtained any Personal Information about a child under age 13, we will delete that information.

5.      SECURITY

We strive to use reasonable safeguards to help prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through the Site. However, no system is perfect or can guarantee that unauthorized access or theft might not occur.

6.      RETENTION OF INFORMATION

Following termination or deactivation of any user account you may create, unless you request that your information be deleted by contacting us, we may retain your information for back-up, archival, legal and audit purposes, and to reactivate your account upon your request. In addition, we may retain and continue to use indefinitely all information contained in your communications to other users of the Site posted to public or semi-public areas of the Site (e.g. reviews) after termination or deactivation of your user account.

7.      MANAGING YOUR ACCOUNT INFORMATION AND COMMUNICATIONS PREFERENCES

To update or correct your account information – or if you would like to stop receiving marketing communications from us via email or other methods – you may contact us at [email protected] or The Isopure Company, Inc., Attn: Consumer Affairs Department, 3500 Lacey Road, Suite 1200, Downers Grove, Illinois, 60515.

8.       CHANGES AND UPDATES

We will notify you of changes to this Privacy Policy by posting the amended terms on the Site and providing any advance notice required by law. If you do not agree to the new terms, you should stop using the Site and services, and if you are a registered user, you may cancel your account with us within the notice period we specify by contacting us at [email protected], and you will not be bound by the new terms. Otherwise, the new terms will take effect on the date listed in the notice we provide.

ISOPURE TRADEMARK AND LOGO USAGE REQUIREMENTS

Preface

The Isopure Company, LLC / Nature’s Best ("Isopure / Nature’s Best") Trademark and Logo Usage Requirements ("Usage Requirements") set forth Isopure and Nature’s Best brands, trademark, logos and slogans. They apply to all The Isopure Company, LLC. / Nature’s Best organizations worldwide and to Isopure / Nature’s Best resellers, distributors, customers, advertising agencies, consultants, professional writers and editors, licensees and other third parties making reference to Isopure / Nature’s Best trademarks. The Isopure Company, LLC. / Nature’s Best reserves the right to modify these Usage Requirements as it deems necessary or appropriate, including by written agreement or license with third parties.

  1. Rules of Proper Trademark Use
    1. Use of Isopure / Nature’s Best Trademarks as Adjectives, Never as Nouns
      Please follow every Isopure / Nature’s Best trademark with an appropriate noun consisting of the Isopure / Nature’s Best product or service that is branded with the mark. Isopure / Nature’s Best trademarks are adjectives and may not be used as nouns, or alone as a shorthand way of identifying a product or service. The Isopure / Nature’s Best trademark should be used as an adjective describing a product or service of Isopure / Nature’s Best.
       
    2. No Possessives, Plurals, Verbs or Puns
      Isopure / Nature’s Best works hard to build customer goodwill, and it uses its trademarks to harness that goodwill. Please use the marks as they are designed and intended. Since a trademark is not a noun, it must never be used in possessive or plural forms, and should never be used as a verb or a pun.
       
    3. Proper Trademark Attribution: Symbols and Legends
      Trademark ownership is attributed in two ways, with the use of a trademark symbol (™ or ®) after the following trademark, and with a trademark legend, usually found at the end of a document in legible text following the copyright notice. Remember, mere inclusion of a trademark symbol and legend does not entitle you to use a Isopure / Nature’s Best trademark.
      1. Trademark Symbols:
        Assuming you are permitted to use a Isopure / Nature’s Best trademark, please make sure to attribute the mark with the proper symbol. Always use the ™ symbol immediately after the trademark. Trademark symbols should be used on Isopure / Nature’s Best trademarks as follows:
        1. On products, product labels, and packaging, use an appropriate symbol in each prominent use of the trademark.
        2. In every other context, use an appropriate symbol in both the first prominent use of the trademark (in headlines, banners, etc.) and in the first use in the text of the body copy.
        3. Always use the appropriate symbol incorporated into any of Isopure / Nature’s Best logos.
      2. Trademark Legends:
        The trademark legend is the legal text that identifies Isopure / Nature’s Best trademarks. The legend should be printed in legible type and in a location typically used for copyright and other legal notices. For example, the legend may be printed at the end of a document, on the back of a package, on the front cover of documentation, or on the bottom of a web page.

        Unless you have an agreement with Isopure / Nature’s Best that indicates otherwise, use the Isopure / Nature’s Best legend in any material referencing any Isopure / Nature’s Best trademark. Please note that third party licensees will often be legally obligated by license to use an Isopure / Nature’s Best trademark legend that also indicates that the Isopure / Nature’s Best trademarks are used under license.

        ISOPURE LEGEND:

        "Isopure / Nature’s Best, WE’RE ALL MORE THAN MUSCLE, the Isopure / Nature’s Best logos [insert all other Isopure / Nature’s Best trademarks, logos, product names, and slogans that are referred to or displayed in the document] are trademarks or registered trademarks of The Isopure Company, LLC. in the United States and other countries."
         
    4. Use of Isopure / Nature’s Best Logos
      1. General Rule: Do not assume you are permitted to use Isopure / Nature’s Best logos.
        Except as specifically provided by license or other agreement with Isopure / Nature’s Best, third parties may not use any Isopure / Nature’s Best logo for any purpose. Even when accurately describing a relationship with Isopure / Nature’s Best or support of Isopure / Nature’s Best technology, third parties should not use an Isopure / Nature’s Best logo in the absence of an agreement.
      2. No Re-Logoing, Co-Logoing or Logo Removal
        Resellers of Isopure / Nature’s Best products may never alter or modify the Isopure / Nature’s Best corporate logo or Isopure / Nature’s Best trademarks that are affixed to or appear on the Isopure / Nature’s Best products they resell. Similarly, re-logoing (replacing an Isopure / Nature’s Best trademark with the reseller's logo or mark) and co-logoing (adding the reseller's logo or mark to the Isopure / Nature’s Best product) are not permitted in the absence of a written agreement with Isopure / Nature’s Best.
         
    5. Use of Isopure / Nature’s Best Trade Dress by Third Parties Prohibited
      Third parties generally are prohibited from using Isopure / Nature’s Best trade dress for their own products, including any of the distinctive ornamental features of Isopure / Nature’s Best products and packaging. Any such use must be approved by Isopure / Nature’s Best Legal.
       
  2. Use of Isopure / Nature’s Best Trademarks with Non- Isopure / Nature’s Best Goods or Services or with unauthorized use of Isopure / Nature’s Best Trademarks 
    Only certain, approved uses of an Isopure / Nature’s Best trademarks may be made by Isopure / Nature’s Best business allies, licensees, and other third parties. In addition to the other provisions set forth in these Usage Requirements, the following rules apply to any use of an Isopure / Nature’s Best trademark logo in association with a third party product or service.
    1. No Use of Isopure / Nature’s Best Marks in Non- Isopure / Nature’s Best Company, Product, or Service Names.
      Unless a third party enters into a written agreement with Isopure / Nature’s Best, third parties generally may not use any Isopure / Nature’s Best trademark, as or part of their company or product names.
    2. Do Not Adopt Any Marks or Names That Are Confusingly Similar to a Isopure / Nature’s Best Trademark
      Unauthorized use of Isopure / Nature’s Best trademarks or of marks that are confusingly similar to Isopure / Nature’s Best trademarks may constitute an infringement of Isopure / Nature’s Best 's trademark rights.
    3. Do Not Attempt to Claim Rights in Isopure / Nature’s Best Trademarks.
      Third parties may not state or suggest that they have, or are claiming rights, in any Isopure / Nature’s Best trademark.
    4. Make the Source Clear.
      When third parties use Isopure / Nature’s Best trademarks, they must do so in a manner that does not create potential confusion over the source of any products or services. Customers must not be given the impression that Isopure / Nature’s Best is the source or has approved of the use of the trademarks in connection with publications, products, services, trade shows, conferences, or expos.
    5. Permitted Descriptive Use of the Isopure / Nature’s Best Trademarks on Web Sites and Domain Names
      Third parties are permitted to use Isopure / Nature’s Best trademarks on web sites or in domain names as long as:
      1. The content of the website meets all of these Usage Requirements;
      2. The use of the domain name is not misleading or likely to cause confusion; and
      3. The use meets the following additional standards:
        1. The principal or secondary level domain name of the third party should not be identical or virtually identical to any Isopure / Nature’s Best trademark, since this is likely to cause customer confusion or imply that the web site is affiliated with or sponsored by Isopure / Nature’s Best .
        2. The web site owner should not use a Isopure / Nature’s Best trademark in his or her company name, product names, or service names. Thus, if the domain contains a Isopure / Nature’s Best trademark, that domain should not also be a company or product name.
        3. The web site owner should not register the domain name as a trademark or service mark and should not claim any trademark or similar proprietary rights in the domain name.
        4. The web site should display a legal notice that contains the following legend

          "Isopure / Nature’s Best, WE’RE ALL MORE THAN MUSCLE, any Isopure / Nature’s Best logo [insert all other Isopure / Nature’s Best trademarks, logos, product names, and slogans that are referred to or displayed in the document] are trademarks or registered trademarks of The Isopure Company, LLC in the United States and other countries."
           
  3. How to reach Isopure / Nature’s Best 's Marketing & Brands Legal Department

    The Isopure Company, LLC
    195 Engineers Road
    Hauppauge, NY 11788

TERMS AND CONDITIONS

TERMS AND CONDITIONS OF USE OWNERSHIP OF SITE; AGREEMENT TO TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use ("Terms of Use") apply to the web site located at www.theisopurecompany.com and all associated web sites linked to www.theisopurecompany.com (collectively, the "Site") by The Isopure Company, LLC/Nature’s Best, Inc., its parents, subsidiaries, and/or affiliates (collectively, "the Company"). The Site is the property of the Company. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

CONTENT AND TRADEMARKS

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on the Site (collectively, "Content") is owned, controlled or licensed by or to the Company and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.

Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of the Company and its affiliates, and other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners (collectively, "Trademarks"). Nothing in these Terms of Use or otherwise provided on the Site grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks without express prior written consent of the Company or such other owner. Neither the Company's name nor any of the Trademarks may be used in any way, including but not limited to any advertising or publicity regarding distribution of materials on the Site, without the Company's prior written consent. Without limiting the generality of the foregoing, the Company prohibits the use of its name or any Trademarks as a link to any website unless such link is approved in advance by the Company in writing.

PERMITTED USE OF THE SITE AND CONTENT

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise without the Company's express prior written consent. You may use information on the Company's products and services that is purposely made available by the Company for downloading from the Site, provided that you (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information.

VIRUSES, HACKING AND OTHER OFFENSES

You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offense. The Company will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or your downloading any material posted on the Site or any third-party website linked to the Site.

USER CONTENT

From time to time, the Company may provide interactive services on the Site, including but not limited to chat rooms, bulletin boards, blogs and forums. The Company disclaims any obligation to oversee, monitor or moderate any interactive services provided on the Site, and in no event shall the Company be liable for any loss or damage arising from the use of any interactive service by a user in contravention with the Company's content standards. If you post any content to the Site, you hereby grant the Company and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You grant the Company and its affiliates and licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant the foregoing license without infringing or violating the rights of any third party; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from the content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

USER CONTENT STANDARDS

The following standards apply to any and all material which you contribute to the Site ("Contributions") and to any associated interactive services:

  • Contributions must:
    • Be accurate (when they state facts);
    • Be genuinely held (when they state opinions); and
    • Comply with applicable laws in the United States of America and in any country from which they are posted.
  • Contributions must not:
    • Contain any material that is defamatory, obscene, offensive, hateful or inflammatory;
    • Promote violence or any illegal activity;
    • Infringe any copyright, trademark, or other intellectual property right of any other person;
    • Be made in breach of any legal duty owed to any other person, such as a contractual or other duty of confidence;
    • Abuse or invade another person's privacy or cause annoyance, inconvenience or needless anxiety;
    • Be used to impersonate any person or misrepresent your identity or affiliation with any person; or
    • Give the impression that they emanate from the Company, if that is not the case.

The Company will determine, in its sole discretion, whether there has been a breach of these content standards through your use of the Site. When the Company determines that a breach has occurred, the Company may take such action as it deems appropriate, including but not limited to one or more of the following:

  • Immediate, temporary or permanent withdrawal of your right to use the Site;
  • Immediate, temporary or permanent removal of any Contribution by you;
  • Legal proceedings against you for reimbursement of all costs (including but not limited to administrative and legal costs) incurred by the Company resulting from the breach; and
  • Disclosure of such information to law enforcement authorities as the Company deems reasonably necessary.

In no event shall the Company be liable for any actions taken in response to any breach of these content standards.

OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply specific portions or features of the Site, including contests, promotions or other similar features, all of which are made a part of these Terms of Use by this reference. You shall abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. The Company's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. The Company may make changes to any products or services offered on the Site at any time without notice. The materials on the Site with respect to products and services may be out of date, and the Company makes no commitment to update the materials on the Site with respect to such products and services except as required by applicable law.

Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The Company makes reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and the Company cannot guarantee that your computer will accurately display such colors.

HEALTH RELATED INFORMATION

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product labels and packaging prior to use. Information available on or through the Site is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease.

ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. You shall notify the Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Company or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's account at any time without the express permission and consent of the holder of that account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

PRIVACY

Your use of the Site and any information provided by you or gathered by the Company or third parties during any visit to or use of the Site is governed by the Company’s Privacy Policy, which is incorporated by this reference. You agree to the Company's collection, use and sharing of your information as set forth in the Privacy Policy.

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

LINKS TO THE SITE

The Company prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without the Company's prior written consent. Similarly, the Company prohibits the running or displaying of this Site or any Content in frames or through similar means on another website without the Company's prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations.

LINKS TO OTHER SITES

This Site may contain links to other independent third-party web sites (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the Company's control, and the Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

DISCLAIMERS

THE COMPANY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE AND ANY PRODUCTS OR SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. THE COMPANY FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THESE LIMITATIONS OF RELIEF ARE A PART OF THE BARGAIN BETWEEN THE PARTIES.

The Company reserves the right to do any of the following, at any time, without notice: (i) modify, suspend or terminate operation of or access to the Site or any portion of the Site; (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will the Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Company has been advised of the possibility of such damage.

INDEMNITY

You agree to defend, indemnify and hold the Company, and its officers, directors, predecessors, successors, employees, agents, subsidiaries and affiliates, harmless from any loss, liability, or expenses (including attorneys' fees), relating in whole or in part to any claims or demands made against the Company by any third party due to or arising out of or in connection with your use of the Site or violation of these Terms of Use.

 

VIOLATION OF TERMS OF USE

The Company may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if it determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. Any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to the Company for which monetary damages would be inadequate. You consent to the Company obtaining any injunctive or equitable relief should the Company deem such action to be necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.

If the Company takes any legal action against you as a result of your violation of these Terms of Use, the Company will be entitled to recover from you, and you shall pay, all reasonable attorneys' fees and costs of such action in addition to any other relief granted to the Company. Under no circumstance will the Company be liable to you or any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

DISPUTES; ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY; GOVERNING LAW; JURISDICTION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

a. Applicability of Arbitration Agreement.

Any dispute or claim relating in any way to your use of the Site or to any products or services sold or distributed by the Company through the Site that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below, except that you and the Company are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

b. Arbitration Rules.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with these Terms of Use ("Arbitration Rules"). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing and the location of any such hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. Additional Rules for Non-appearance Based Arbitration.

If nonappearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

d. Authority of the Arbitrator.

The arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.

e. Waiver of Jury Trial.

You and the Company hereby waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and the Company waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

f. Waiver of Class or Consolidated Actions

All claims and disputes within the scope of this agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

g. Confidentiality.

No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this agreement to arbitrate, to enforce an arbitration award, or to seek injunctive or equitable relief.

h. Small Claims Court.

Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.

i. Courts.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree that such disputes shall be governed by the laws of the United States and by the laws of the State of Illinois without regard to conflict of law principles. You consent to submit to the personal jurisdiction by and venue in the state and federal courts located in DuPage County, Illinois, and waive any objection to such jurisdiction or venue.

j. Survival.

This Arbitration Agreement will survive the termination of your relationship with the Company.

VOID WHERE PROHIBITED

The Company administers and operates the Site from its location in Downers Grove, Illinois USA. Other Company sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

MISCELLANEOUS

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and the Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and the Company with respect to such use are hereby superseded and cancelled. The Company will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The Company's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by the Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

FEEDBACK AND INFORMATION

Any feedback you provide at the Site shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. The information contained in the Site is subject to change without notice.

HOW TO CONTACT US

If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to contact us at 1-800-345-BEST.

 

LAST UPDATED: January 25, 2016

Shipping Policy

Isopure/Nature’s Best’s shipping & handling rate is $10.00 for all US continental. For Alaska, Hawaii and all other locations please contact Customer Service for Shipping & Handling Rates.

Limit one discount offer per order. Coupon Codes override all other discounts. Isopure/Nature's Best does not accept return shipments past 30 days of the original ship date. For military orders, please note that it can take a few weeks to a month or two, depending upon where you are stationed.

NO SHIPPING TO P.O. BOXES

Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Last Updated: January 25, 2016

CA Supply Chains Act

Disclosure Pursuant to California Transparency in Supply Chains Act of 2010

The Isopure Company, LLC / Nature’s Best ("Isopure / Nature’s Best") is committed to fair employment practices and to following applicable employment law wherever it has operations. This includes complying with laws that prohibit child or forced labor. However, Isopure/Nature’s Best does not currently: (1) engage in verification of product supply chains to evaluate and address risks of human trafficking and slavery; (2) conduct audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains; (3) require direct suppliers to certify that materials incorporated into their products comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business; (4) maintain internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and human trafficking; or (5) provide employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery.