Terms of service
OVERVIEW
Welcome to Pure Evals! The terms “we”, “us” and “our” refer to Pure Evals. Pure Evals operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Pure Evals is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
We are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.,The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the program. By participating in the program, you agree to receive automated or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile text message from Us in order to opt out of the program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt out by texting other words or verbally requesting one of our team members to remove you from our list is not accounted for as a reasonable means of opting out.
You acknowledge that the message frequency is various and that consent is not a condition to purchase. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the platform, or are of adult age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the program after any such changes, you accept this Agreement, as modified.
For any questions, you can contact us for more information about the program.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, colors or product appearance may differ due to device type and settings.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted online.
All product descriptions are subject to change without notice. We reserve the right to discontinue any product at any time and may limit quantities offered.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Pure Evals reserves the right to accept or decline your order for any reason. Your order is not accepted until Pure Evals confirms acceptance and processes payment.
Purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that purchases are for personal or household use only.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. Posted prices do not include taxes or shipping unless stated otherwise.
You agree to provide accurate and current billing and account information and authorize charges incurred at posted prices.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping delays. Delivery times are estimates only. Risk of loss passes to you upon transfer to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services is owned by Pure Evals, its affiliates, or licensors and is protected by intellectual property laws.
You may use the Services for personal, non-commercial use only. All rights not expressly granted are reserved by Pure Evals.
Pure Evals names, logos, designs, and slogans are trademarks of Pure Evals. Shopify trademarks belong to Shopify.
SECTION 7 – OPTIONAL TOOLS
Third-party tools are provided “as is” without warranties. Use is at your own risk.
SECTION 8 – THIRD-PARTY LINKS
We are not responsible for third-party content or websites you access through the Services.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Pure Evals is powered by Shopify. All purchases are made directly with Pure Evals. Shopify is not responsible for transactions between you and Pure Evals.
SECTION 10 – PRIVACY POLICY
Personal information is governed by our Privacy Policy [LINK] and Shopify’s Privacy Policy.
SECTION 11 – FEEDBACK
By submitting feedback, you grant Pure Evals a perpetual, royalty-free license to use it for any purpose.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct errors and update information at any time.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful or prohibited purposes or in a manner that harms Pure Evals, Shopify, or others.
SECTION 14 – TERMINATION
We may terminate access at any time. Certain provisions survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY PURE EVALS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, PURE EVALS SHALL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Pure Evals and Shopify from claims arising from your use of the Services.
SECTION 18 – SEVERABILITY
Invalid provisions do not affect enforceability of remaining terms.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Pure Evals.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without consent. We may assign freely.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the jurisdiction where Pure Evals is headquartered.
SECTION 22 – HEADINGS
Headings are for convenience only.
SECTION 23 – CHANGES TO TERMS
We may update these Terms at any time. Continued use constitutes acceptance.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Pure Evals
📧 pureevals@gmail.com