Terms of Use
LAST UPDATED: May 14, 2026
Website: https://www.puraplace.com
Welcome to Pura Place, a brand owned by The Lolo Group LLC, doing business as Pura Place and hereafter referred to as Pura Place, our Terms of Service (the “Agreement”). This Agreement is important and contains terms and conditions that affect your legal rights. If you reside in the United Kingdom or European Union, additional terms and conditions may be applicable to you that either supplement or replace certain provisions in this Agreement. Please visit our International Addendum to see whether these additional terms and conditions apply to you. In addition, please note that if you reside outside the United States or the United Kingdom, and you submit an order for any Product(s) (as defined below), you will additionally be subject to the terms of sale provided by our international fulfillment service provider, to which you must agree prior to purchasing the Product(s) (as defined below)
By accessing or using the websites, mobile applications or blogs (collectively, the “Site”) provided by The LoLo Group LLC, doing business as Pura Place, or our subsidiaries or affiliates (herein referred to as “Pura Place,” “we,” “us” or “our”), including, without limitation, www.puraplace.com pursuant to which we offer health, fitness, skincare, beauty advice and tips and make available our branded products or other products for purchase (the “Products”), you agree to be bound by the terms and conditions contained in this Agreement and all other terms incorporated herein by reference. Some Site features may be subject to additional terms and conditions we specify from time to time; your use of such Site features is subject to those additional terms and conditions, which are incorporated into this Agreement by reference. This Agreement applies to all users of the Site.
THIS AGREEMENT CONTAINS A BINDING, INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS-ACTION WAIVER, WHICH MEANS YOU AND THE LOLO GROUP LLC, DOING BUSINESS AS PURA PLACE, AGREE TO RESOLVE MOST DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL (SEE SECTION 13). YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS OF THE DATE YOU FIRST ACCEPTED THIS AGREEMENT; INSTRUCTIONS FOR OPTING OUT ARE IN SECTION 13 BELOW. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE SITE OR PRODUCTS.
We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Service” link on the Site. We will also notify you of any material changes either through a pop-up notice, e-mail or through other reasonable means. Your continued use of the Site after any such changes constitutes your acceptance of the new Agreement. You should periodically visit this page to review the current agreement so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Site.
1. Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use, disclose and otherwise process information about you.
2. Eligibility
2.1. If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept this Agreement in your name and on your behalf. If you are the parent or legal guardian of a minor using the Site, you acknowledge, and further agree that you agree to this Agreement on behalf of the aforementioned minor and yourself.
2.2. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse to accept Product orders from any person or entity and change our Site eligibility criteria at any time.
2.3. We continually test new features, functionalities, services, user interfaces and Products that we are considering incorporating into or providing through our Site. We reserve the right to include or exclude you from these tests without notice.
2.4. You are solely responsible for ensuring that your use of the Site and Products complies with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 13 to access any features on the Site, then the minimum age is the legally required one. If you are a minor, you may wish to consult your parents about what portions of the Site are appropriate for you. The right to access the Site is revoked where this Agreement or use of the Site is prohibited by or conflicts with any applicable law, rule or regulation.
3. Registration
You may register for an account on the Site (an “Account”) or, if enabled, log in using your social media or other platform login information. To use certain portions of the Site, you are not required to sign up for an Account. However, certain features of the Site, such as making purchases and accessing your order history, require you to register for an Account. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s Account or registration information for the Site without permission. You must notify us immediately of any change in your eligibility to use the Site, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account at any time, as described in our Privacy Policy. By providing your information to create an Account, you grant The LoLo Group LLC, doing business as Pura Place, the right to use your information and to provide it to third parties for the purposes of facilitating the completion of your transaction. In addition to all other rights available to The LoLo Group, LLC, doing business as Pura Place, including those set forth in this Agreement, The LoLo Group, doing business as Pura Place, reserves the right, in its sole discretion, to verify your information prior to processing your order, limit order quantity, cancel any order, refuse service to you, or terminate your Account.
4. Use of the Site
4.1. The Site, including all software, text, graphics and images, and all intellectual property rights therein and thereto, are owned by us or our licensors and are protected under both United States and foreign laws. We do not guarantee that anything you access on or through the Site is or will continue to be accurate. Unauthorized use of the Site may result in violation of copyright, trademark, and other laws. You may only access the Site for your own personal, noncommercial use, and you may not use, copy or display any portion of the Site, including but not limited to use of framing or mirrors, except as permitted under this Agreement. No other use is permitted without our prior written consent. You may not remove any copyright and other proprietary notices contained in the Site. You may not sell, transfer, assign, license, sublicense, or modify any portion of the Site or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use any portion of the Site in any way for any public or commercial purpose. The use or posting of any of any portion of the Site on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Site shall automatically terminate.
4.2. The trademarks, service marks, and logos of Pura Place (the “Pura Place Trademarks”) used and displayed in connection with the Site and our Products are registered and unregistered trademarks or service marks of The LoLo Group LLC. Other company, product, and service names located on the Site may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Pura Place Trademarks, the “Trademarks”). Nothing on the Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site. Any false, misleading, or infringing use of the Trademarks, including uses to falsely disparage us, any applicable third party, or the products or services of either, may damage any goodwill associated with the Trademarks and be actionable. All goodwill generated from the use of any The LoLo Group, doing business as Pura Place Trademark shall inure to our benefit.
4.3. You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site; (d) delete or alter any material we or any other person or entity posts on the Site; (e) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Pura Place, doing business as The LoLo Group LLC or generally publicly available browsers; (f) use or attempt to use the Site to violate the security of or gain unauthorized access to any computer, computer network, system, or device; (g) send unsolicited or unauthorized email on behalf of The LoLo Group LLC, doing business as Pura Place, including promotions and/or advertising of products or services; (h) use the Site to gain or attempt to gain unauthorized access to passwords or security encryption codes; (i) otherwise take any action in violation of our guidelines and policies; or (j) use or attempt to use the Site, intentionally or unintentionally, to violate any applicable local, state, federal or international law.
5. Text Messaging
5.1. If you choose to provide a telephone number to Pura Place and enroll in Pura Place’s text or SMS messaging programs, you may receive SMS or text messages (“Text Messages”). Text Messages may include recurring and nonrecurring messages related to Products, events, cart reminders, special offers, or other Pura Place-related news and other information that we think will be of interest to you. Text Message frequency will vary, and Pura Place reserves the right to alter the frequency and total number of Text Messages at any time. Pura Place also reserves the right to change the phone number from which Text Messages are sent. Consent to receive automated text messages is not a condition of any purchase. Message and data rates may apply.
5.2. Not all mobile devices or handsets may be supported, and our Text Messages may not be deliverable in all areas. We reserve the right to add or remove eligible mobile phone carriers from time to time. Pura Place, our service providers, and the mobile carriers supported by our Text Messages are not liable for delayed or undelivered messages.
5.3. We will not share information gathered through text messages with third parties for their marketing purposes unless we have your consent.
5.4. You may opt out of receiving Text Messages at any time by replying to a Text Message with the keyword STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. After texting STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to our short code, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not consist of the STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE keyword commands. If you have unsubscribed from one of our Text Message programs, you may continue to receive Text Messages from us through any other programs you have joined until you separately unsubscribe from those programs as well.
5.5. Text the keyword HELP to our short code to receive customer care contact information. If you are experiencing any problems, please contact us using the information in Section 18.3.
6. Third Party Sites
6.1. The Site may contain links to third party websites, services or other resources on the Internet, including but not limited to our sponsors, partners, affiliates, affiliate Brands and social media platforms, and other websites, services or resources may contain links to the Site (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any External Sites.
6.2. You may enable or log in to the Site via various online third party services, such as social media and social networking services (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Site, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.
6.3. You acknowledge that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such Social Networking Services, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled on or offered through the Site. In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
6.4. We participate in affiliate marketing and allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
7. IP Infringement
7.1. We respect the intellectual property of others’, and we request our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should immediately notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Pura Place’s Copyright Agent at legal@puraplace.com (subject line: “Takedown Request”). You may also contact us by mail at: 4050 Pennsylvania Ave, Ste 115-252, Kansas City, MO 64111.
7.2. For effectiveness, the notification must be in writing and contain the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
b. a description of the copyrighted work or other intellectual property that you claim has been infringed.
c. a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site.
d. your address, telephone number, and email address.
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
8. Payments; Ordering & Availability; Billing and Recurring Subscription Services, Delivery, Returns & Exchanges
8.1. You agree to provide accurate and up-to-date payment information at the time you order any Product. We have contracted with third parties, including our e-commerce platform provider and international fulfillment service provider, and through them, third party payment processors and other service providers (each, a “Third Party Provider”), to facilitate purchases made on the Site. Such Third-Party Providers are subject to strict confidentiality and data protection requirements for purposes of facilitating purchases and/or processing payments made on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to such Third-Party Provider(s). You should be aware that online payment transactions are subject to validation checks by us and our Third-Party Providers and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, we and/or our Third-Party Provider(s) use various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee, of which we are not responsible.
8.2. You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the “Order Confirmation”). The Order Confirmation means that your order request has been received. It does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We strive to provide accurate pricing information regarding the Products available on the Site. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Product whose price was incorrectly posted on the Site because of an error. If this occurs, we will notify you by email. The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you pre-order these Products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order.
8.3. Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, duties, shipping or carriage of the Products as such costs are specified by us when you submit your order. If any applicable taxes or duties are not fully pre-paid when you submit your order, you agree that you will be fully responsible for paying all applicable taxes and duties directly to the relevant authority. You further agree that you will be fully responsible for claiming back any taxes and duties from the applicable authority to the extent possible, in cases of a return or any other eligible circumstances. Certain states (e.g., Colorado) have added delivery fees which are non-refundable. Where applicable, this will be included with estimated taxes, and if any items on your order are returned, such delivery fees will not be refunded as per state law. For more information on any such fees, please contact your state legislature. In addition, at checkout the price of international orders, or any applicable credits, can be affected by foreign exchange differences. If you choose to pay using a payment card with a currency denominated account, or any applicable credit, that is different from the currency of your order, additional charges and foreign exchange differences may apply. These charges and exchange rates applied are beyond our control.
8.4. Some purchasing options we may offer, such as subscription services, consist of an initial period, for which there is a one-time charge, followed by recurring periods as agreed to by you, for which you will be charged each time (“Recurring Subscription”). When you enroll in a Recurring Subscription, you will have the ability to specify how regularly you would like to order any auto-replacing Products. Pura Place reserves the right to modify pricing for a Recurring Subscription at any time, upon advance notice to you by posting updated pricing on the Site and, if required by law or at our discretion, notifying you of the updated pricing through other means. BY ENROLLING IN A RECURRING SUBSCRIPTION, YOU ACKNOWLEDGE AND AGREE THAT (A) Pura Place (OR ANY OF OUR THIRD PARTY PROVIDERS) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS (E.G., MONTHLY) FOR THE THEN-CURRENT SUBSCRIPTION PRICE AS LONG AS YOUR RECURRING SUBSCRIPTION CONTINUES AND (B) YOUR RECURRING SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT BY FOLLOWING THE INSTRUCTIONS WE PROVIDE OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING US AT OR LOGGING INTO YOUR Pura Place ACCOUNT TO CANCEL ONLINE. YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. All recurring payments are fully earned upon payment.
8.5. All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.
8.6. We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item, unless otherwise specified in writing by us. We occasionally run promotions or provide limited time offers for our Products. It is your responsibility to determine whether you may validly participate. Pura Place is not responsible for the validity of promotional offers found on sites not affiliated with our company. Please review the promotion or offer for eligibility and other terms and conditions. All other information with respect to the purchase of Products from the Site can be found on the Order Help Page located at www.puraplace.com/help, including our policies on shipping and tax, billing, order acceptance, gift cards, and returns and exchanges.
9. Delivery
9.1. For shipping and delivery timelines based on your delivery address, please visit our FAQs.
9.2. Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, for example if your delivery address is geographically remote, we will notify you We reserve the right not to deliver to any country that is prohibited by applicable export laws. Products comprised within the same order cannot be delivered to different addresses.
9.3. If you reside in the United States, the Product(s) ordered will be at your risk from the time the Product(s) have been delivered to a third party carrier, and ownership of the Product(s) ordered will also pass to you from the time the Product(s) have been delivered to a third party carrier, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received. If you reside in the United Kingdom, the Product(s) ordered will be at your risk from the time you receive the Product(s), however, ownership of the Product(s) ordered will pass to you from the time the Product(s) have been delivered to a third party carrier, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received. If you reside outside of the United States or the United Kingdom, risk of loss and ownership shall transfer to you as set forth in the terms of sale provided by our international fulfillment service provider, to which you must agree prior to purchasing the Product(s).
9.4. If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, in writing, at support@puraplace.com, providing your name, address and order reference. Nothing in this section affects your legal rights.
10. Returns and Exchanges
10.1. For information about returns and exchanges, please see our FAQs. You may have additional rights or remedies under the consumer protection laws where you reside. If you have any questions, please email us at
11. Limitation of Liability and Disclaimer of Warranties
11.1. EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, PURA PLACE, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “PURA PLACE PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE OR PRODUCTS, INCLUDING BUT NOT LIMITED TO THE SITE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE PURA PLACE PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND PRODUCTS AT YOUR OWN RISK.
11.2. THE PURA PLACE PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO PURA PLACE PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
11.3. EXCEPT AS OTHERWISE PROVIDED BY PURA PLACE IN WRITING, THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE PURA PLACE PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
11.4. IN NO EVENT SHALL ANY PURA PLACE PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OR RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PURA PLACE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00.
11.5. Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE PURA PLACE PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS AFFECTS ANY LEGAL RIGHTS AND REMEDIES YOU HAVE UNDER LOCAL LAW.
11.6. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
12. Indemnification
12.1. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Pura Place Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any User Content or Submissions you provide, or your access to, use or misuse of the Site or Products. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by writing to the Pura Place Legal Department at legal@PuraPlace.com. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
13. BINDING ARBITRATION AND CLASS ACTION WAIVER—IMPORTANT
THIS SECTION REQUIRES YOU AND PURA PLACE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND PURA PLACE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND PURA PLACE FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND PURA PLACE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. YOU AND PURA PLACE ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
THE PARTIES ACKNOWLEDGE THAT THE TERMS IN THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.
FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 13.8, IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS AGREEMENT.
13.1. Claims: This Section Applies To. The binding arbitration and class action waiver terms in this Section 13 apply to all Claims between you and Pura Place. A “Claim” is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between you and Pura Place, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory that either party wishes to seek legal recourse for and that arises from or relates to this Agreement, the Site or the Products, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.
13.2. Informal Dispute Resolution Prior to Arbitration. If you have a Claim against Pura Place or if Pura Place has a Claim against you, you and Pura Place must first attempt to resolve the Claim informally to try to resolve the Claim faster and reduce costs for both parties. You and Pura Place will make a good-faith effort to negotiate the resolution of any Claim for 30 days, or such longer period as mutually agreed in writing (email suffices) by the parties (“Informal Resolution Period”), starting from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with this Agreement.
13.2.1. You will send any Claimant Notice to Pura Place by email at legal@puraplace.com or by certified mail addressed to Pura Place, Care of The LoLo Group, LLC Legal Department, 4050 Pennsylvania Ave, Ste 115-252, Kansas City, MO 64111. Pura Place will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Pura Place. The Claimant Notice sent by either party must (a) include the sender’s name, address, email address, telephone number, and any relevant purchase information; (b) describe in reasonable detail the nature and basis of the Claim; and (c) set forth the specific relief sought.
13.2.2. The Informal Resolution Period is intended to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Pura Place cannot initiate arbitration before the end of the Informal Resolution Period. If you or Pura Place file a Claim in court or initiate arbitration without complying with the requirements in this Section 13, including first providing a compliant Claimant Notice and waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing or arbitration and seek damages from the party that has not followed the requirements in this Section to reimburse it for any costs and fees, including any arbitration, attorney, and expert fees incurred as a foreseeable consequence of that breach.
13.2.3. The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.
13.3. Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual property rights of you or Pura Place, including any disputes in which you or Pura Place seek injunctive or other equitable relief for the alleged unlawful use of your or Pura Place’s intellectual property or other infringement of your or Pura Place’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 13.2 will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
13.4. This Agreement affects interstate commerce, and the enforceability of this Section 13 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, this Agreement and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Pura Place to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence). The parties waive their right to file a class action or seek relief on a class basis, whether in court or arbitration, except as expressly permitted in Section 13.
13.5. Arbitration Procedure and Location. You or Pura Place may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with JAMS (or with NAM, if applicable) pursuant to this Section 13.3.
13.5.1. Binding Individual Arbitration. Subject to the terms of this Section 13, Claims may only be settled by binding individual arbitration administered by JAMS, https://jamsadr.com/, in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). For Claims arbitrated by JAMS the then-current version of the JAMS Streamlined Arbitration Rules and Procedures are the rules applicable to Claims between you and Pura Place, as modified by this Agreement (the “Rules”).
13.5.2. If JAMS notifies the parties in writing (email being sufficient) that it is not available to arbitrate a Claim, then that Claim may only be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://www.namadr.com/, in accordance with the FAA. For Claims arbitrated by NAM, the then-current version of NAM’s Comprehensive Dispute Resolution Rules and Procedures, as modified by this Agreement, are the Rules applicable to Claims between you and Pura Place.
13.5.3. Instructions for filing a demand for arbitration with JAMS are available on the JAMS website or by calling JAMS at 1-800-352-5267, and instructions for filing a demand for arbitration with NAM are available on the NAM website or by calling NAM at 1-800-358-2550. You will send a copy of any demand for arbitration to Pura Place by email at legal@puraplace.com or by certified mail addressed to Pura Place, Care of The LoLo Group LLC, Legal Department, 4050 Pennsylvania Ave, Ste 115-252, Kansas City, MO 64114. Pura Place will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Pura Place.
13.5.4. The arbitration will be conducted by a single arbitrator in the English language. You and Pura Place both agree that the arbitrator will be bound by the terms of this Agreement.
13.5.5. For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing is necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in Kansas City, Missouri, unless you are a “consumer”, meaning that you only use the Site and Products for personal, family, or household purposes, and the arbitrator determines that an in-person hearing in Kansas City, MO would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
13.5.6. The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Pura Place agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
13.5.7. An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
13.6. Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and this Agreement.
13.6.1. Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs and fees incurred by the defending party—including arbitration, attorney, and expert fees—related to a Claim if an arbitrator determines that (a) the Claim was not warranted by existing law or by a nonfrivolous argument or (b) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
13.6.2. Offers of Settlement. Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the latest written offer of settlement that party did not accept, that party must pay all costs and fees—including arbitration, attorney, and expert fees—incurred by the other party after the written settlement offer was made. The terms of any settlement offer may not be disclosed to an arbitrator until after the arbitrator issues a decision or award on the Claim.
13.6.3. One Year to Assert Claim. To the extent permitted by law, any Claim by you or Pura Place against the other must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Pura Place will no longer have the right to assert that Claim.
13.6.4. Confidentiality. If you or Pura Place submits a Claim to arbitration, you and Pura Place agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or be the subject of any discovery in the arbitration. You and Pura Place agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
13.7. Mass Arbitrations. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Mass Arbitrations” and will be treated as mass arbitrations according to the JAMS Mass Arbitration Procedures and Guidelines (or if filed with NAM, NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures), if and to the extent Mass Arbitrations are filed in arbitration as set forth in this Agreement. You or Pura Place may advise the other of your or its belief that Claims are Mass Arbitrations, and disputes over whether a Claim meets the definition of “Mass Arbitrations” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable. For any Mass Arbitrations, the parties agree that the JAMS Mass Arbitration Procedures and Guideline (or if filed with NAM, NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures), as modified by this Agreement, will apply as part of the Rules. The following procedures are intended to supplement the Rules and to the extent the procedures conflict with those Rules, to supersede them.
13.7.1. Mass Arbitrations may only be filed in arbitration as permitted by the bellwether process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in Mass Arbitrations from the time a compliant Claimant Notice has been received by a party until this Agreement permit such Mass Arbitrations to be filed in arbitration or court.
13.7.2. Initial Bellwether: The bellwether process set forth in this Section 13.7 will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing (email being sufficient) that all or substantially all the Claimant Notices for the Mass Arbitrations have been provided.
13.7.3. After that point, counsel for the parties shall select 20 Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its claims and arguments. Each side shall select 10 claimants who have provided a compliant Claimant Notice for this purpose, and only those chosen cases may be filed with JAMS or NAM, as applicable. The parties acknowledge that resolution of some Mass Arbitrations will be delayed by this bellwether process, and they consent to such delay. Any remaining Mass Arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 13.7.
a. A single arbitrator shall preside over each Mass Arbitration chosen for a bellwether proceeding, and unless the parties agree otherwise, only one Mass Arbitration may be assigned to each arbitrator as part of a bellwether process.
b. Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations, with the mediator’s fee paid for by Pura Place. Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
c. Remaining Claims: If the mediation process concludes with 100 or more unresolved Mass Arbitrations remaining, any party to a remaining Mass Arbitration may elect to no longer have the arbitration requirement in this Section 13 apply to all remaining Mass Arbitrations for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether process or global mediation. To be effective, such an election must be communicated in writing (email suffices) to counsel for the opposing party within 30 days of mediation concluding. Mass Arbitrations released from the arbitration requirement must be resolved in accordance with Section 13.7.5.
13.7.4. If the mediation process concludes with fewer than 100 Mass Arbitrations remaining or if no party makes a timely election as provided for in the previous paragraph, the arbitrator will randomly select 50 Mass Arbitrations (or the total remaining amount if less than 50) to proceed in arbitration as a second batch. The arbitrator will randomly select eligible claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. Once all arbitrations in the foregoing process are complete, the parties will repeat this process until all Mass Arbitrations have been arbitrated.
13.7.5. If Mass Arbitrations released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.
13.7.6. A court shall have authority to enforce the bellwether and mediation processes defined in this Section 13.7 and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
13.8. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted this Agreement by sending your opt-out notice by email to legal@puraplace.com or by certified mail addressed to Pura Place, Care of The LoLo Group LLC Legal Department, 4050 Pennsylvania Ave, Ste 115-252, Kansas City, MO 64111. To be effective, your opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 13.
13.9. Rejection of Future Arbitration Changes. You may reject any change we make to Section 13 (except address changes) by sending us notice of your rejection within 30 days of the change by email to legal@puraplace.com or by certified mail addressed to Pura Place Legal Department, 4050 Pennsylvania Ave, Ste 115-252, Kansas City, MO 64111. Changes to Section 13 may only be rejected as a whole, and you may not reject only certain changes to Section 13. If you reject changes made to Section 13, the most recent version of Section 13 that you have not rejected will continue to apply.
13.10. Severability. If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision shall be severed from this Agreement; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with this Agreement, and not in arbitration. The litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration.
14. Termination
14.1. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site at any time and for any reason (including if we believe that you have engaged in any suspected fraudulent or abusive activity, or violated or acted inconsistently with the letter or spirit of this Agreement) without prior notice or liability, including the right to reject any order you place for the purchase of Products, which may result in the forfeiture and destruction of all information associated with your Account. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.
15. User Must Comply with Applicable Laws
15.1. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international laws and regulations.
15.2. The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any portion of the Site to countries or persons prohibited under the export control laws. By accessing the Site, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of any portion of the Site.
16. Transfer and Processing of Personal Data
16.1. In order for us to provide the Site, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
17. U.S. Government Restricted Rights
17.1. The Site is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Site by the government constitutes acknowledgement of our proprietary rights in the Site.
18. Miscellaneous
18.1. Any dispute, claim, cause of action, or controversy arising from or relating to this Agreement, the Site or the Products will be governed by and construed and enforced in accordance with the laws of the State of Missouri, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute, claim, cause of action or controversy between you and Pura Place arising from or relating to this Agreement, the Site or the Products that is not subject to arbitration pursuant to Section 13 and that cannot be heard in small claims court will be resolved exclusively in the state and federal courts sitting in the City of Kansas City in the Missouri. You and Pura Place waive any objection to venue or personal jurisdiction in any such courts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not, except as stated in Section 13, affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Any information you submit to or provide through the Site might be publicly accessible, and you should protect important and private information. We are not liable for protection of privacy of email or other information transferred through the Internet or any other network that you may use.
18.2. Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between us and you with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between us and you with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to legal@puraplace.com.
18.3. The LoLo Group LLC, doing business as Pura Place, is a Missouri Limited Liability Company with its headquarters at 4050 Pennsylvania Ave, Ste 115-252, Kansas City, Missouri, 64111. You may contact us at the following address: 4050 Pennsylvania Ave, Ste 115-252, Kansas City, Missouri or at the following email address: support@puraplace.com
19. Notice for California Residents
19.1. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding our Site, please use our contact information below to let us know. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing-impaired persons may call TDD (800) 326-2297.
