Data Use Agreement

I. Pure Protein Website Terms of Use

Last Updated 08/01/2020

Welcome to the Terms of Use section of the HLAprotein.com and Pure Protein, L.L.C. (“PURE PROTEIN”, “we”, “us”, or “our”) website(s) (the “Site(s)”). These Terms of Use describe the terms and conditions applicable to your use of PURE PROTEIN’s website. By using this website, you agree to be bound by the terms and conditions set forth in these Terms of Use. If you do not agree to these Terms of Use, you may not use this website.

We may modify these Terms of Use at any time by posting the modified version on our Site and revising the “last updated” notice at the top of this web page. Modifications to these Terms of Use will be automatically effective upon posting on our Site. Please check these Terms of Use periodically for changes. Your continued use of this Site following the posting of any such changes constitutes acceptance of those changes.

Other Agreements Relating to the Site and Doing Business with PURE PROTEIN

Purchasing from PURE PROTEIN

YOU MUST HAVE AN APPROVED, CURRENT ACCOUNT WITH PURE PROTEIN TO PLACE A SALES ORDER.

Information on Establishing an Account.
To purchase Material from PURE PROTEIN via this Site or by other means, you must agree to the terms of the PURE PROTEIN Sales Terms and Conditions prior to submitting your order. If you do not agree with those Terms and Conditions, you may not, and agree not to, order Material.

The PURE PROTEIN Sales Terms and Conditions, as applicable, are incorporated by reference into these Terms of Use.

Privacy
To learn about our privacy practices, please see our Privacy Policy, which is hereby incorporated by reference.

Scope of Use
This Site is directed towards adults in the scientific community. You may download portions of the material descriptions, FAQs, other data, text and graphics on this Site (“Content”) for your individual, informational, non-commercial use only, provided you acknowledge PURE PROTEIN as the source and also retain all copyright, trademark, and other proprietary notices contained in such Content. Please note that exercising the foregoing rights in order to evaluate whether to purchase materials from PURE PROTEIN or otherwise enter into a business relationship with PURE PROTEIN shall not constitute commercial use. You may not modify, display, or distribute information contained on the Site or any portion thereof without PURE PROTEIN’s written permission.

No Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE APPLICABLE SALES TERMS AND CONDITIONS, SERVICE AGREEMENT, OR SUPPLEMENTARY TERMS, IF ANY, THIS SITE AND ALL CONTENT, MATERIALS, OTHER PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TYPICALITY, SAFETY AND ACCURACY. THE INFORMATION PROVIDED ON THE SITE IS NOT TAILORED TO YOUR SPECIFIC FACTUAL CIRCUMSTANCES. WHILE PURE PROTEIN USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, PURE PROTEIN MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY INFORMATION AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING THAT THE GENERAL INFORMATION PROVIDED IS APPROPRIATE FOR YOUR SPECIFIC FACTUAL SITUATION BEFORE RELYING ON IT. PURE PROTEIN, ITS PARENTS AND AFFILIATES TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, AND OFFICERS, ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR FOR THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION. USE OF THE WEBSITE AND THE MATERIALS AVAILABLE ON THE SITE IS AT YOUR SOLE RISK. PURE PROTEIN, ITS PARENTS AND AFFILIATES TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, MANAGERS, AND OFFICERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY ELECTRONIC INFORMATION YOU MAY OBTAIN FROM THE SITE ARE FREE OF COMPUTER VIRUSES AND OTHER POTENTIALLY HARMFUL SOFTWARE OR COMPONENTS.

Limitation of Liability
PURE PROTEIN, ITS PARENTS AND AFFILIATES, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, MANAGERS, AND OFFICERS, SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF PURE PROTEIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR COMPUTER VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE, OR RELATED INFORMATION OR PROGRAMS.

Information Provided on the Site
The information available on the Site is provided as a courtesy to PURE PROTEIN customers and is intended for general, informational purposes only. Anyone purchasing materials or services from PURE PROTEIN is ultimately responsible for obtaining all necessary permits and for complying with all applicable laws and regulatory requirements.

The information provided on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject PURE PROTEIN to any registration requirement within such jurisdiction or country.

Content on the Site is subject to change without notice.

Proprietary Rights
The trademarks, copyrights, and service marks of PURE PROTEIN and HLAprotein.com are denoted with the symbols: ᵀᴹ, ®, ©, and ℠ on the Site.

Unauthorized use of any of the PURE PROTEIN trademarks, service marks, or logos may be a violation of U.S. and foreign trademark laws.

You expressly agree not to use any of the PURE PROTEIN trademarks in any way in connection with any offering, marketing, promotion, or sale, without PURE PROTEIN’s prior written agreement.

Linking to HLAprotein.com AND PURE PROTEIN’s Sites
Unless otherwise set forth in a written agreement between you and PURE PROTEIN, you must adhere to PURE PROTEIN’s linking policy as follows: (i) any link to the Site must be a text only link clearly marked “HLAprotein.com site,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the PURE PROTEIN or HLAprotein.com name and trademarks, (iii) the link must “point” to the URL www.HLAprotein.com and not to other pages within the Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with HLAprotein.com or PURE PROTEIN, (v) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site, and (vi) PURE PROTEIN reserves the right to revoke its consent to the link at any time and in its sole discretion.

Employment Opportunities
PURE PROTEIN may post employment opportunities on the Site and/or invite users to submit résumés for these posted opportunities. If you choose to submit your name, contact information, résumé and/or other personal information to PURE PROTEIN, you are authorizing PURE PROTEIN to utilize this information for all lawful and legitimate hiring and employment purposes. PURE PROTEIN also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries, affiliates and its service providers for legitimate business purposes and as described in the Privacy Policy. Nothing in these Terms of Use or contained in the Site shall constitute a promise by PURE PROTEIN to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that PURE PROTEIN will review any or all of the information submitted to it by users.

PURE PROTEIN complies with the requirements of all applicable laws concerning equal employment opportunity. In the recruitment of individuals for employment there will be no unlawful discrimination on the basis of race, color, religion, sex, age, national origin, disability, or any other basis prohibited by applicable law. PURE PROTEIN encourages all qualified applicants to apply.

Governing Law, Location, Entire Agreement
The laws of the state of Texas shall govern these Terms of Use, without reference to its choice of law rules. Any disputes arising under this Agreement shall be tried exclusively in the United States District Court for the Western District of Texas or if subject matter jurisdiction does not exist in that court, then in the state courts of Texas for Travis County, and Users hereby expressly consent to, submit to and waive any objection to the jurisdiction of such courts; provided however, if User is U.S. Federal or State non-profit organization and provides reasonable proof that User is required by the statutory law of a jurisdiction to resolve disputes in an alternative U.S. jurisdiction, then such jurisdiction shall be binding upon the parties.

The Site is operated by PURE PROTEIN from its offices in Texas. PURE PROTEIN makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. These Terms of Use constitute the entire agreement between PURE PROTEIN and user with respect to the Site.

Violations
PURE PROTEIN reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Site. PURE PROTEIN also reserves the right to immediately block access from a particular Internet address to the Site or to terminate your use of, or access to, this Site at any time if PURE PROTEIN decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that PURE PROTEIN considers to be inappropriate or unacceptable.

If you have any questions about our Terms of Use, please contact the PURE PROTEIN Webmaster using the Contact Us section of the website.

II. PRIVACY POLICY

Last Updated 08/01/2020

This Privacy Policy describes the privacy practices of Pure Protein, L.L.C. ("PURE PROTEIN", "we", "us", or "our") and our use of information related to PURE PROTEIN’s www.HLAprotein.com website. This Privacy Policy describes how we use the personally identifiable information that you provide to us offline (e.g., through postal mail or fax) or online (e.g., through our website located at www.HLAprotein.com (the "Site")). The term "personally identifiable information" as used in this Privacy Policy includes your full name, e-mail address, mailing address, telephone number, or credit card information.

We may make changes to this Privacy Policy. If we make changes that affect the way we collect or use your personally identifiable information, these changes and their effective date will be posted in this Privacy Policy. Your continued use of the Site after we post a revised Privacy Policy means you have accepted the Privacy Policy. If we materially change our practices for the collection or use of your personally identifiable information, your personally identifiable information will be governed by the Policy under which it was originally collected unless you have been provided notice of, and have had an opportunity to object to, the change.

Terms of Use for the Site accompany this Privacy Policy. Please review these terms.

GENERAL — WHO WE ARE
Pure Protein, L.L.C. is a privately held limited liability company, not a government agency.

INFORMATION WE COLLECT
When you use the online shopping cart, place orders, submit account applications or other forms, use the "contact us" page, e-mail us, establish a Web user profile, submit a résumé, and at other times, you may provide PURE PROTEIN with your personally identifiable information. If you place an order, we may collect credit card or other payment information. We may also collect personally identifiable information and other information when you apply for and use our services.

In order to help process your orders and to protect against potential fraud, we may verify with third parties the personally identifiable information you provide to us. In the course of such verification, we may receive personally identifiable information about you from such third parties and combine it with the information you provide directly to us.

PURE PROTEIN’s Web servers may automatically collect non-personally identifiable information such as website usage information when you visit the Site, including: the number and frequency of visits to each web page; your Internet Protocol address; your browser and platform type; your length of stay; the website from which you entered; and the actions you take.

COOKIES
Cookies are small bits of information that a website places on the hard drive of your computer. Certain pages of the Site may use session and/or persistent cookies to track and store your personally identifiable information for the purposes described in this Privacy Policy, and to allow us to recognize you if you return to the Site using the same computer and browser.

You can program your computer to warn you each time a cookie is being sent or to refuse cookies completely. However, without cookies you may not have access to certain features on our Site. For example, you may not be able to place or track orders.

HOW WE USE THE INFORMATION COLLECTED
We may use your personally identifiable information alone, or when aggregated with other information, for a variety of purposes as described below:

  • Account Set-Up and Service
  • Communications about Products and Services
  • Site Improvement
  • Enforcement of PURE PROTEIN Policies
  • Compliance with Regulatory Requirements and Applicable Laws
  • Compliance with our legal obligations
  • Customer Notifications
  • Other Purposes, as disclosed at the time the information is collected
  • Notwithstanding the forgoing uses, résumé information will be used only to evaluate your candidacy for a job opening.

We may combine the personally identifiable information you provide to PURE PROTEIN with other information about you that is available to us, including non-personally identifiable information and information from third parties.

HOW WE SHARE THE INFORMATION WE COLLECT
We may share the personally identifiable information we collect with other affiliates for the purposes described in the "How We Use the Information Collected" section of this Privacy Policy. We may also share your information with our third-party service providers (including contractors and distributors) to validate your payment information, to prevent fraud, to fulfill your order, and to perform other activities related to sales of PURE PROTEIN products and services. We may share personally identifiable information of individuals submitting résumés or making inquiries concerning employment with other affiliates and third-party service providers for the purpose of conducting employment evaluation. Third party service providers to whom we supply your personally identifiable information may use this information only to provide PURE PROTEIN with a specific service and not for any other purpose.

In addition, PURE PROTEIN may disclose personally identifiable information or other information to law enforcement, regulatory agencies, other government officials or other third parties, as we, in our sole discretion, believe necessary or appropriate: a) in connection with an investigation of fraud or other activity that is illegal or may expose us to legal liability; b) to enforce our policies governing our Site; and c) for regulatory compliance. We may also disclose such information in connection with any merger or consolidation with, or sale of substantially all of our assets to, a third party, provided that such third party agrees to comply with our Privacy Policy.

SECURITY
PURE PROTEIN makes commercially reasonable efforts to use industry-standard security technologies to secure your information, including personally identifiable information. Servers where personally identifiable information is stored are password and firewall-protected, and access is limited to those employees and independent contractors with whom we have an agreement to keep the information confidential, who have a need to know, and who agree to access the information only for the purposes identified above. Financial information is transmitted and stored in encrypted form.

CHOICE
Except as described in this Privacy Policy, PURE PROTEIN will not use the personally identifiable information you provide to us for purposes different from the purposes for which it was submitted. If you have consented to receive promotional or other e-mail communications from PURE PROTEIN, we may periodically use your e-mail address to send such e-mail communications. If you want to stop receiving e-mail communications, you can click the unsubscribe link at the bottom of each promotional e-mail.

THIRD-PARTY LINKS
This Site may contain links to Internet sites operated by other parties. PURE PROTEIN is not responsible for the privacy practices or the content of other Internet sites. PURE PROTEIN provides links to other Internet sites as a convenience to users. Access to any other Internet sites linked to this Site is at your own risk.

CORRECTION
You may ask us to review and update the personally identifiable information you provide to us by contacting Customer Service or by making changes to your personally identifiable information on-line. We will take reasonable steps to correct personally identifiable information that you inform us is incorrect.

CONTACT INFORMATION
If you have any questions or comments regarding this Privacy Policy, please contact PURE PROTEIN by visiting our Contact Us page.