Terms & Conditions

Overview

Pure Låda, LLC (referred to as “Pure Låda”) offers products and services through its website,  www.PureLada.com (the “Website”), including all information, tools, and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting Pure Låda’s Website, by purchasing a product or service from Pure Låda, and/or by enrolling in the Pure Låda Membership Program (as defined below) (collectively referred to as the “Service”), you agree to be bound by the following terms and conditions (referred to as the “Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. 

Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Pure Låda reserves the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least eighteen (18)  years of age.  You may not use Pure Låda’s products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 – PURE LåDA MEMBERSHIP PROGRAM 

By enrolling into the Pure Låda Membership Program (the “Membership Program”), you: (i) agree to these Terms, including but not limited to the Privacy Policy, (ii) agree to comply with all applicable laws, (iii) acknowledge that you are at least eighteen (18) years of age and are legally able to enter into a contract, and (iv) acknowledge that you are “opting-in” to a membership which includes a monthly delivery of products (each delivery a “Box”).   

The terms of the Membership Program are subject to change at any time without prior notice to you, for example, via email or a prominent notice on the Membership Program website; your continued use of the Membership Program after any changes have been made will constitute your acceptance of any such changes.  If you do not with to continue with the Membership Program under the new changes or if you wish to end your participation in the Membership Program, please follow the procedures to cancel the renewal of your membership, below. 

 

SECTION 2(a) – ABOUT THE MEMBERSHIP PROGRAM

The Membership Program is a monthly membership program operated by Pure Låda and includes CBD Product samples and full products.  All of the products contained in the Box will contain trace amounts of CBD derived solely from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of less than 0.3% on a dry weight basis.  Due to high demand for such a membership program, you may not be able to subscribe to the Membership Program; if you are interested in subscribing once the Membership Program is able to accommodate new subscribers, you may sign up to be notified by joining the Membership Program waitlist.  The Membership Program waitlist may be terminated at Pure Låda’s sole discretion.   

The Box will contain various samples of products containing trace amounts of CBD derived solely from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of less than 0.3% on a dry weight basis.  You will not have the ability to determine the exact or specific content contained in the Box but you will be provided the opportunity to provide your preferences, likes, and dislikes in order to customize the samples you receive. 

In addition to the monthly Membership Program, you will be provided the opportunity to purchase specific products from Pure Låda which you enjoy using.  You will be responsible for the cost of any product which you purchase outside of the sample being offered through the monthly Membership Program.  You consent to allowing Pure Låda to make a charge against your payment card on file in your account for such purchases.   

 

SECTION 2(b) – MEMBERSHIP

In order to become a monthly subscriber to the Membership Program, you must create an account on PureLada.com.  In order to sign up for the Membership Program, you must have a valid payment card with sufficient funds for the first month’s charge for the Membership Program, according to the then current Membership Program rate.  By becoming a monthly subscriber for the Membership Program, you agree and acknowledge that you are opting-in to a monthly product membership and that Pure Låda will charge the payment card that you have provided to Pure Låda for the initial and recurring monthly payment charges at the then-current Membership Program membership rate plus any taxes.  You also agree and accept responsibility for all recurring charges prior to any cancellation by you or by Pure Låda.   

Memberships are limited to one (1) per Pure Låda customer account. 

If any problem arises with your delivery address or payment method associated with your membership, Pure Låda will notify you via email using the email address associated with your membership asking that you resolve the problem.  Your membership may be suspended and no additional Boxes will be processed or delivered until you have resolved the problem through your Pure Låda online account.  If you fail to resolve the problem through your Pure Låda online account, then your membership will be cancelled. 

 

SECTION 2(c) – AUTOMATIC RENEWAL

Your membership will be automatically renewed for successive monthly OR ANNUAL periods and your payment card will automatically be charged for each successive monthly/ANNUAL period at the then-current membership rate plus any taxes, until you or Pure Låda cancels your m membership renewal.

 

SECTION 2(d) – CANCELLATION POLICY FOR MONTHLY MEMBERSHIP RENEWALS

You may cancel at any time by logging on to your Pure Låda account and following the cancellation procedures there.  To cancel shipment of your next month’s Box, you must cancel by the 15th day of the current month.  If you cancel after the 15th day of the current month, you will receive and be charged for next month’s Box and your membership will be canceled from that point forward.

 

SECTION 2(e) – SHIPPING LIMITATIONS

Presently, Pure Låda does not foresee any issues with the shipping of products containing trace amounts of CBD derived solely from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of less than 0.3% on a dry weight basis but Pure Låda reserves the right to withhold shipment or suspend the Membership Program in states or territories that do not allow the shipment of such products into their states or territories.

 

SECTION 2(f) – PERSONAL USE ONLY AND FRAUD PROTECTION

The Membership Program is intended for personal use only and not for resale.  Pure Låda may screen received orders for fraud or other types of unauthorized or illegal activity.  Pure Låda reserves the right to refuse to process an order or suspend your membership due to suspected fraud or unauthorized or illegal activity. 

 

SECTION 2(g) – RETURNS POLICY

If for any reason you are unhappy with your Box or if there were any problems with your order, please contact Pure Låda’s customer service department at info@PureLada.com or (727) 477-1222 and Pure Låda will be happy to assist you.  Products included as part of each monthly Box cannot be returned unless the products arrive to you in a damaged condition, in which case Pure Låda will either, at its election, refund your monthly membership fee or replace your damaged products with the same products or products of equal or greater value.

 

SECTION 2(h) – MODIFICATION

Pure Låda reserves the right to cancel or modify the Membership Program at any time, including without limitation, to modify the monthly membership fee.  Pure Låda will provide you with prior notice of any material change (including any change in the monthly membership fee).  If you do not agree with any change, you many cancel your membership as set forth in the cancellation policy, above. 

 

SECTION 3 - GENERAL CONDITIONS

Pure Låda reserves the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any content on the Website through which the Service is provided, without express written permission by Pure Låda. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

Pure Låda is not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Pure Låda reserves the right to modify the contents of this Website at any time, but Pure Låda has no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.

 

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for Pure Låda’s products and services are subject to change without notice. Pure Låda reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Pure Låda shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

SECTION 6 - PRODUCTS OR SERVICES

Services being offered through the Website may have limited quantities and are subject to return or exchange only according to Pure Låda’s Return Policy. Pure Låda will make every effort to display as accurately as possible the colors and images of the Services. Pure Låda cannot guarantee that your computer monitor's display of any color will be accurate. Pure Låda reserves the right, but is not obligated, to limit the sales of any Services to any person, geographic region, or jurisdiction. Pure Låda may exercise this right on a case-by-case basis. Pure Låda reserves the right to limit the quantities of any Services that are offered. All descriptions of Services or pricing are subject to change at any time without notice, at the sole discretion of Pure Låda. Pure Låda reserves the right to discontinue any Service at any time. Any offer for any Service made on this Website is void where prohibited. Pure Låda does not warrant that the quality of any Service purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

Pure Låda reserves the right to refuse any order you place with us. Pure Låda may, in Pure Låda’s sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Pure Låda makes a change to or cancels an order, Pure Låda may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. Pure Låda reserves the right to limit or prohibit orders that, in Pure Låda’s sole judgment, appear to be placed by dealers, resellers, or distributors.  

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Pure Låda can complete your transactions and contact you as needed.

 

SECTION 8 - OPTIONAL TOOLS

Pure Låda may provide you with access to third-party tools over which Pure Låda neither monitors nor has any control nor input. You acknowledge and agree that Pure Låda provides access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. Pure Låda shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Pure Låda may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.   

 

SECTION 9 - THIRD-PARTY LINKS

Certain content, products, and services available via the Website may include materials from third-parties. Third-party links on the Website may direct you to third-party websites that are not affiliated with Pure Låda. Pure Låda is not responsible for examining or evaluating the content or accuracy and Pure Låda does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Pure Låda is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.  

 

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at Pure Låda’s request, you send certain specific submissions (for example contest entries) or without a request from Pure Låda you send creative ideas, suggestions, reviews, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that Pure Låda may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to Pure Låda. Pure Låda is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.  For example, Pure Låda may use reviews from the Website in Pure Låda’s online or print advertising, along with first name only and city/state of residence.    

Pure Låda may, but has no obligation to, monitor, edit, or remove content that Pure Låda determines in Pure Låda’s sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.  

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead Pure Låda or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Pure Låda takes no responsibility and assumes no liability for any comments posted by you or any third-party.  

 

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the Website is governed by our Privacy Policy. Click here to view our Privacy Policy or visit https://purelada.com/privacy. 

 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Pure Låda reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Pure Låda undertakes no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Pure Låda’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Pure Låda reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.  

 

SECTION 14 – DIGITAL MILLENIUM COPYRIGHT ACT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send Pure Låda a notice at the address listed below requesting that Pure Låda remove the material or block access to it, but you must include the following information:

(i)     Identification of the copyrighted work that you believe to be infringed.  Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(ii)     Identification of the content that you believe to be infringing and its location.  Please describe the content in as much detail as possible, and provide us with its URL or any other pertinent information that will allow us to locate the content.
(iii)     Your name, address, telephone number, and (if available) email address.
(iv)     A statement that you have a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.
(v)     A statement that the information you have supplied is accurate, and indicating under penalty of perjury that you are the copyright owner or authorized representative.
(vi)     A signature or the electronic equivalent from the copyright holder or authorized representative.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to: Copyright Agent, c/o Pure Lada LLC, 2454 McMullen Booth Road, Suite 411, Clearwater, FL 33759 or to info@PureLada.com.  We suggest that you consult your legal advisor before filing a notice or counter-notice.

 

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Pure Låda does not guarantee, represent, or warrant that your use of Pure Låda’s Service will be uninterrupted, timely, secure, or error-free.  Pure Låda does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.  You agree that from time to time Pure Låda may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by Pure Låda) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL Pure Låda, ITS SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS, SUPPLIERS, AFFILIATES OR THIRD-PARTIES (COLLECTIVELY THE “PURE LÅDA PARTIES”) BE LIABLE TO YOU OR ANY ENTITY AFFILIATED WITH YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE PRIVACY POLICY, OR BY WAY OF ANY OTHER CAUSE OF ACTION WHICH YOU MAY HAVE, WHETHER BASED UPON WARRANTY, CONTRACT, OR TORT.  THIS LIMITATION OF LIABILITY PROVISION SHALL SURVIVE ANY TERMINATION OF YOUR MEMBERSHIP PROGRAM OR THE RELATIONSHIP BETWEEN YOU AND Pure Låda, INCLUDING BANKRUPTCY OF ANY PARTY OR ANY TRANSFER IN OR CHANGE OF CONTROL OF Pure Låda.  THE PARTIES AGREE THAT, TO THE EXTENT THIS LIMITATION OF LIABILITY PROVISION IS NOT ENFORCEABLE, IN WHOLE OR IN PART, UNDER APPLICABLE LAW, THE COURT SHALL MODIFY OR SEVER THIS PROVISION TO COMPLY WITH APPLICABLE LAW BUT ONLY IN THE PARTICULAR JURISDICTION IN WHICH THIS PROVISION WAS DETERMINED TO BE IN CONFLICT WITH APPLICABLE LAW.  THESE TERMS ARE BINDING IN NEW JERSEY BUT SOME OTHER JURISDICTIONS LIMIT CONSUMER LIMITATIONS, SO SOME OR ALL OF THE PROVISIONS ABOVE MAY NOT APPLY TO YOU. 

 

SECTION 17 - INDEMNIFICATION

YOU ARGEE TO DEFEND, INDEMNIFY, AND HOLD THE Pure Låda PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, YOUR USE OF THE WEBSITE, AND/OR YOUR BREACH OF THESE TERMS OF SERVICE OR THE PRIVACY POLICY.  THIS INDEMNIFICATION PROVISION SHALL SURVIVE ANY TERMINATION OF YOUR MEMBERSHIP PROGRAM OR THE RELATIONSHIP BETWEEN YOU AND Pure Låda, INCLUDING THE BANKRUPTCY OF ANY PARTY OR ANY TRANSFER IN OR CHANGE OF CONTROL OF Pure Låda.  THE PARTIES AGREE THAT, to the EXTENT THIS INDEMNIFICATION PROVISION IS NOT ENFORCEABLE, IN WHOLE OR IN PART, UNDER APPLICABLE LAW, THE COURT SHALL MODIFY OR SEVER THIS PROVISION TO COMPLY WITH APPLICABLE LAW BUT ONLY IN THE PARTICULAR JURISDICTION IN WHICH THIS PROVISION WAS DETERMINED TO BE IN CONFLICT WITH APPLICABLE LAW. 

 

SECTION 18 – AGREEMENT TO ARBITRATE / DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY HEAR YOUR CLAIMS.  IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A CLASS / COLLECTIVE / CONSOLIDATED / REPRESENTATIVE ACTION WAIVER.  

Most customer concerns can be resolved by contacting Pure Låda’s Customer Service department.  In the event Pure Låda’s Customer Service department is unable to resolve a complaint to your satisfaction, this section explains how any Claims (as defined below) are resolved through arbitration. 

In this Agreement to Arbitrate, the term “Pure Låda” includes Pure Låda LLC and any of its affiliates or subsidiaries (regardless of tier), and any persons or entities (including agents or employees) related to Pure Låda.  

THIS SECTION PROVIDES THAT CLAIMS (AS DEFINED BELOW) BETWEEN YOU AND PURE LÅDA MUST BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION.  ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL, OR FILE OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.  IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY.  ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN IN COURT.  THIS AGREEMENT TO ARBITRATE IS GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1-16 (“FAA”), AND SHALL BE INTERPRETED IN THE BROADEST WAY THE LAW WILL ALLOW. 

You and Pure Låda agree that any claim, dispute, or controversy arising out of or relating to your CBD Box membership, the Membership Program, the Services, use of the Website, the Terms, or any product(s) or service(s) sold or other benefit offered to you by/through Pure Låda (except claims, disputes, or controversies concerning either (i) the validity, enforceability, or scope of any part of this Agreement to Arbitrate or (ii) intellectual property rights) shall be subject to binding individual arbitration (hereinafter “Claim” or “Claims”).  IN ARBITRATION, NEITHER YOU NOR PURE LÅDA WILL HAVE THE RIGHT TO LITIGATE ANY CLAM IN COURT OR HAVE A JURY TRIAL ON ANY CLAIM.  BOTH PARTIES HEREBY AGREE TO PROCEED IN ARBITRATION AND WAIVE ALL RIGHTS TO A JURY TRIAL OR OTHER TRIAL IN COURT.  

You and Pure Låda agree that any and all Claims against each other may be brought only on an individual basis in arbitration.  You and Pure Låda agree to forgo/waive any right or ability to file, or participate in, any Class Action against the other party and instead agree to arbitrate all Claims against the other party on an individual basis only.  You and Pure Låda agree that Claims of two (2) or more persons may not be combined or consolidated in the same arbitration.  You and Pure Låda agree that the arbitrator has no authority or power to arbitrate or otherwise decide any Claim on a class, collective, or other representative basis, and may award relief only on an individual basis.  The arbitrator also has no power or authority to rule on his/her own jurisdiction or to determine the validity, enforceability, or scope of any part of this Agreement to Arbitrate. 

All claims are subject to arbitration, no matter what the legal theory the Claims are based on and no matter what remedy (including any type of monetary relief (including but not limited to damages) and including any type of injunctive, declaratory, or other equitable relief) the Claims seek, including but not limited to: Claims based on contract, tort (including but not limited to intentional torts), fraud, agency, equity, qui tam, deceptive trade practices, any statutory or regulatory provisions (federal, state, or otherwise), or any other sources of law (federal, state, or otherwise); Claims made as initial claims, counterclaims, cross-claims, third-party claims, interpleaders, or otherwise; and Claims made regarding past, present, or future conduct.  You agree not to sell, assign, or transfer any Claim. 

Arbitration shall be administered by the American Arbitration Association (“AAA”) according to this Agreement to Arbitrate and the applicable AAA consumer arbitration rules (except any AAA or other rules permitting class, collective, consolidated, or representative arbitrations, which rules are not part of this Agreement to Arbitrate and are not applicable) in effect when the Claim is filed (hereinafter “AAA Rules”).  If there is any conflict (express or implied) between the AAA Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern.  You can obtain copies of the AAA Rules at AAA’s website (www.adr.org) or by calling 800-778-7879.  You or Pure Låda may choose to have an in-person arbitration hearing, appear at any hearing by phone or other electronic means, and/or be represented by legal counsel.  Any in-person arbitration hearing will be held within 50 miles of your billing address, unless you and Pure Låda agree on a different location.

Arbitration shall be initiated in accordance with the AAA Rules, except that the parties agree that any demand for arbitration or other similar document will be signed by the filing party personally (for Pure Låda, by an authorized non-lawyer representative) and not by an attorney.  The arbitration shall be conducted by a single arbitrator in accordance with this Agreement to Arbitrate and the AAA Rules.  Both you and Pure Låda shall participate equally in the selection of the arbitrator.  The parties shall request AAA to provide a panel of seven (7) neutral arbitrators from AAA’s national roster of arbitrators along with materials showing the background of each arbitrator on the panel provided.  Within seven (7) calendar days after the panel is received, the parties shall take turns striking unacceptable arbitrators from the panel until only one remains. The parties then shall inform AAA of the remaining arbitrator who will decide the dispute. If both parties agree that the remaining arbitrator is unacceptable, the parties may request a second panel from AAA and the selection process will begin again. If both parties agree that no one on the second panel is acceptable, either party may request AAA to appoint an arbitrator who was not on either panel.

You and Pure Låda agree to limit discovery in arbitration. Each party agrees to limit their respective discovery in arbitration to: (i) depositions of up to three (3) relevant individuals; (ii) service of one set of up to twenty (20) interrogatories (including subparts); and (iii) service of one set of up to twenty (20) requests for production of relevant documents. The party taking the deposition shall be responsible for all associated costs, including the cost of a court reporter, transcript, videographer, or video. Responses to interrogatories or document requests must be served within thirty (30) calendar days of receipt of the interrogatories or document requests. The arbitrator also may allow additional relevant and reasonable discovery consistent with this Agreement to Arbitrate.

The arbitrator must honor claims of privilege recognized at law and shall take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator must allow, and has the authority to grant, motions dispositive of all or part of any Claim. The arbitrator shall apply the substantive law, including the conflicts of law, of the state in which your billing address is/was located at the time you and Pure Låda entered into this Agreement to Arbitrate. For Claims or defenses arising under or governed by federal law, the arbitrator shall follow the substantive law as set forth by the United States Supreme Court and by the United States Court of Appeals and United States District Court covering your billing address at the time you and Pure Låda entered into this Agreement to Arbitrate.

The arbitrator shall have the authority to award individual monetary and non-monetary relief available under applicable law. The arbitrator shall issue a written award and statement of decision explaining the findings and conclusions on which the award is based, including the calculation of any damages awarded. An arbitration award shall decide the rights and obligations only of the parties named in the arbitration and shall not have any bearing on any other person or dispute. No decision by an arbitrator shall serve as precedent in any other matter. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator’s award is final and binding and is subject to judicial review only as allowed by the FAA or other applicable law.

You are responsible for paying the consumer filing fee required by the AAA Rules. Pure Låda will pay the other costs for the parties to access the arbitral forum that are required by AAA. The parties are otherwise responsible for their own attorney’s fees, expert fees, and any other costs and expenses incurred, unless applicable law allows the arbitrator to award such fees, costs, or expenses to you for prevailing on a Claim.

Pure Låda may modify this Agreement to Arbitrate upon posting a revised version on its Website.  Any such modification shall be effective for any Claim based on use of the website or any product or service sold or other benefit offered to you by/through Pure Låda after the date of such posting. The modification will only apply prospectively and will not apply to any Claims that have arisen or accrued before the modification is posted. Your continued use of this Website, purchase of a product or services, or acceptance of other benefits after the date of posting will constitute your acceptance of, and agreement to, any such modification. In the absence of such advance written notice, if the Claims arose or accrued before the effective date of the modification, or if the modification is not allowed by a court in the applicable jurisdiction, the Agreement to Arbitrate that was in effect before the modification shall govern the parties’ dispute.

This Agreement to Arbitrate shall survive any termination of the relationship between you and Pure Låda, including the bankruptcy of any party or any transfer in or change of control of Pure Låda. If any terms or parts of this Agreement to Arbitrate are deemed invalid or unenforceable under applicable law, the other terms/parts of this Agreement to Arbitrate shall remain in full force and effect, except that you and Pure Låda agree that there will never be any arbitration of any Claims on a class, consolidated, collective, or representative basis.

 

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 20 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or Pure Låda. You may terminate these Terms of Service at any time by notifying Pure Låda that you no longer wish to use Pure Låda’s Services, or when you cease using Pure Låda’s Website.  If in Pure Låda’s sole judgment you fail, or Pure Låda suspects that you have failed, to comply with any term or provision of these Terms of Service, Pure Låda also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).    

 

SECTION 21 - ENTIRE AGREEMENT

The failure of Pure Låda to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  These Terms of Service and any policies or operating rules posted by Pure Låda on this Website or in respect to the Service constitutes the entire agreement and understanding between you and Pure Låda and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Pure Låda (including, but not limited to, any prior versions of the Terms of Service).  

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby Pure Låda provides you Services shall be governed by and construed in accordance with the laws of the State of Florida, United States of America.

 

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

Pure Låda reserves the right, at Pure Låda’s sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.   

 

SECTION 24 - CONTACT INFORMATION

PureLada, LLC, 2454 McMullen Booth Rd #411 Clearwater, FL 33759, United States; email: info@purelada.com