PURE ENCAPSULATIONS® PERKS LOYALTY REWARDS PROGRAM TERMS AND CONDITIONS

Effective Date: August 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ENROLLING OR PARTICIPATING IN THE PURE ENCAPSULATIONS® PERKS LOYALTY REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE PROGRAM TERMS AND CONDITIONS, THE PURE ENCAPSULATIONS WEBSITE TERMS AND CONDITIONS OF USE, AND OUR PURE ENCAPSULATIONS PROMOTION TERMS CONDITIONS, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE LOYALTY REWARDS PROGRAM. 

California, Colorado, and Florida Residents: The Pure Encapsulations® Perks Loyalty Rewards Program may be considered a “financial incentive” under California and Florida law or a “bona fide loyalty program” under Colorado Law. Please review our U.S. Notice of Financial Incentive.

1. GENERAL TERMS
Pure Encapsulations, LLC, a Nestlé Health Science U.S. brand, or its affiliates and subsidiaries (“Sponsor,” “Pure Encapsulations,” “we,” “us,” or “our”) offers Eligible Members, as defined below (collectively, “Members,” and each individually, a “Member” or “you”) the opportunity to participate in the Pure Encapsulations® Perks Loyalty Rewards Program, Pure Encapsulations (the “Program” or the “Loyalty Rewards Program”). This Program is administered on behalf of Sponsor by YOTPO Ltd. (“Administrator”).

Through the Program, you may have the opportunity to earn rewards (“Rewards” or “Points”) for creating an account, following our Facebook and Instagram, subscribing to our You Tube channel, purchasing products, referring friends, having product reviews accepted for site publication, and other activities specified by Pure Encapsulations in these Pure Encapsulations® Perks Loyalty Rewards Program Terms and Conditions (“Terms” or “Program Rules”), on the Pure Encapsulations website at https://pureforyou.com/ (the “Website” or the “Site”), and/or on Pure Encapsulations social media sites (each individually, a “Social Media Site” and together “Social Media” or “Social Media Sites”). Note that Rewards are not available for items purchased through third-party sites, such as Amazon, Walmart Marketplace, or eBay. These Terms govern the Loyalty Rewards Program and Sponsor’s relationships with Members of the Program. Any reference to “you” or “your” in these Program Rules means the person enrolling in the Program. Pure Encapsulations reserves the right to modify or cancel any aspect of the Program or the Program itself at any time and for any reason, including the Rewards offered through the Program.

BY ENROLLING IN THE PROGRAM, USING THIS SITE, AND/OR BY OTHERWISE PARTICIPATING IN ANY PROGRAM-RELATED ACTIVITIES OR INCENTIVES, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE PROGRAM RULES. IF YOU DO NOT WISH TO BE BOUND BY THESE PROGRAM RULES, INCLUDING THE PURE ENCAPSULATIONS PRIVACY POLICY, AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS, YOU ARE NOT AUTHORIZED TO ENROLL IN THE PROGRAM.

Sponsor and Administrator have the sole discretion to interpret and apply the Program Rules, and all questions or disputes regarding these Program Rules will be resolved by Sponsor and Administrator in their discretion. Neither the Program nor any Reward or benefit offered by the Program creates, constitutes or gives rise to any legal or contractual rights by Members against Sponsor, Administrator and/or their subsidiaries or affiliates.

2. MEMBERSHIP/ELIGIBILITY
The Program is offered only to (a) legal residents in the 50 United States, the District of Columbia, U.S. territories, and APO/DPO/FPO locations (b) who are at least 18 years of age or older (each an “Eligible Member” or “Member” or “you”). Employees, officers and directors of Sponsor, Administrator, and each of their respective subsidiaries and affiliated companies, and the immediate family members or persons living in their same household are not eligible to participate in the Program. Sponsor reserves the right to limit the number of Members in the Program. All federal, state, provincial, and local laws and regulations apply.

Only individuals are eligible for Loyalty Rewards Program Membership (“Membership”), and each individual may maintain only one (1) Pure Encapsulations account (“Membership Account” or “Account”). If more than one Membership Account is opened by an individual, he/she will only receive Points for the Account that was opened first. The duplicate (second) Membership Account will be canceled. Corporations, groups and/or associated entities cannot enroll as Loyalty Rewards Program Members.

To participate in the Loyalty Rewards Program, you must create a Membership Account. Eligible Members may enroll by clicking on the links and following the instructions at the Website to provide the requested information (e.g., registering on the Site with an email address and password (your “User ID”), and accepting enrollment in the Program) and agreeing to these Terms. Your email and password will be your credentials for accessing the Program. Members must provide the required information to be enrolled and to be eligible to earn Rewards. 

Each Member is solely responsible for all activities that occur under his/her Account and for maintaining the security of his/her login credentials. You are responsible for protecting your email login. If your email login is compromised (e.g., you become aware that an unauthorized person has access to your email account), you agree to immediately inform Pure Encapsulations by calling 1-800-753-2277Members must not disclose login credentials to any third party for any reason. Pure Encapsulations will not be liable for any loss or damage of any kind arising from a Member’s failure to comply with the requirements of this paragraph or any Member responsibilities under these Program Rules.

Pure Encapsulations reserves the right to reject, revoke, cancel or suspend any Membership, Reward, sweepstakes, and/or any and all unredeemed Points, or take any other action at its discretion, at any time with immediate effect and without written notice or liability to any Member, for any reason in Pure Encapsulations’s sole discretion, including, but not limited to, if Pure Encapsulations believes: (a) the Member has (1) violated any of the Program Rules; (2) acted in a manner inconsistent with applicable law, regulations or ordinances; (3) engaged in any misconduct or wrongdoing in connection with the Loyalty Rewards Program; (4) accumulated Points by purchasing products for purposes other than personal use (e.g. for resale or distribution purposes); or (5) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Loyalty Rewards Program, or Pure Encapsulations or its Members or employees; or (b) Pure Encapsulations provision of the Loyalty Rewards Program and/or any associated benefits (including but not limited to Points, sweepstakes, coupons) to Member may violate any applicable laws to which Pure Encapsulations is subject from time to time. Membership in the Program may be revoked at any time. If you are not eligible to participate, you are prohibited from accessing, using, and registering for the Loyalty Rewards Program. If you are registered for an Account with this Loyalty Rewards Program and want to stop participating, delete or cancel your account by calling 1-800-753-2277and speaking with a Pure Encapsulations Contact Center Associate.

3. PROGRAM PARTICIPATION

a. Reward Tier Cycle  
Points earned will be viewable through the Member’s online Account. There are three (3) Reward Tiers (“Tiers”), and only actions from the past twelve (12) months will be counted toward tier eligibility (“Reward Tier Cycle”). Upon reaching the required points earned, the relevant Tier and the specified Rewards associated with that Tier (described in more detail below), will be unlocked.
 
Pure Encapsulations reserves the right to modify, reset or terminate any Reward Tier Cycle(s) at any time, with or without notice or cause, in its sole discretion.

b. Earning Points
Once a Member has completed the enrollment process, the Member may begin “earning” points. Through participation in the Program, the Member will have the opportunity to earn points (“Points”) in each Reward Tier Cycle by purchasing products directly from the Website and for engaging in or completing certain specified qualifying tasks or activities (each, a “Qualifying Activity”) on the Website. Purchases made or activities performed prior to enrollment or on third-party sites are not eligible to earn Points. For each Qualifying Activity completed during a Reward Tier Cycle, the Member will receive a pre-determined and pre-announced number of Points (“Point Value”) for that Reward Tier Cycle, as determined by Pure Encapsulations in its sole discretion. A full and up-to-date list of Qualifying Activities for the current Reward Tier Cycle and their Point Values may be found in your online Account portal. From time to time, Pure Encapsulations may periodically offer additional promotions and Qualifying Activities through which you may be able to earn Points. Any such offers are subject to additional terms, which may be revoked or revised in Pure Encapsulations' sole discretion.

Members that refer a friend(s) through the Loyalty Rewards Program, when such friend makes a purchase that ships from the Site, will receive $10 off a Pure Encapsulations $75 purchase for each successful referral. The date of the referral will be measured by the date on which the friend’s purchase ships. 

Pure Encapsulations reserves the right in its sole discretion, at any time during the duration of this Loyalty Rewards Program, to change the number of Points awarded, or to award no Points, for any particular Qualifying Activity, to offer additional or new Qualifying Activities for a limited time or permanently, to delete any or all means to earn Points, to limit the number of times a Member may earn Points for engaging in a Qualifying Activity or engaging in the activity during a specific time period, or to offer Points earning opportunities to select groups of Members.

Also, Pure Encapsulations may offer Points for engaging in a Qualifying Activity under one set of Official Rules for one promotion, and may opt not to offer Points for engaging in that same activity under a subsequent promotion.

c. Limitations and Exclusions on Qualifying Activities
Members’ Account and activities in connection with this Loyalty Rewards Program are subject to these Program Rules, including the below limitations and exclusions:
Members can earn Points on purchases made directly on or through the Site. Each item purchased by a Member will earn a set amount of Points at purchase. If an item(s) or entire order is canceled or returned, the Points associated with that item(s) or order will similarly be forfeited. 

4. REWARDS/REDEMPTION
Points earned may be redeemed towards one-time Member purchases in $5 increments. Every 100 points qualifies a Member for $5.00 off his or her one-time purchase after any discounts and before shipping & taxes. Points may not be combined with other discount code or applied to recurring subscription orders, Points will follow a first in, first out system: when a Member redeems Points towards a purchase or Reward, the first Points that were historically earned will be applied first.

Upon reaching a pre-announced annual points earned, certain Rewards Tiers and associated Rewards will be unlocked for redemption by the Member. There are three (3) Reward Tiers and upon reaching the required annual dollars spent, the relevant Tier and the Rewards associated with that Tier will be unlocked. The Rewards Tiers are in ascending order: Balanced Beginner ($0.00 - $249.99), Wellness Enthusiast ($250.00 - $499.99), and Elite Wellness ($500 or more). Unlocking a Reward Tier does not reset your accumulated Points.

Points expire one (1) year from the date they are earned.

Each Tier contains one or more Rewards, which may vary from year to year. Pure Encapsulations may change or remove any Reward at any time and without notice. Rewards may include, but are not limited to anniversary points, early access to new products and restocks, point multipliers, and more. Rewards may vary depending on the Program Rules at the time of access, and subject to availability. To view the current Rewards being offered for each Tier, please visit https://pureforyou.com/pages/pure-encapsulations-perks.

In order to unlock the Wellness Enthusiast, the Member must spend between $250.00 – $499.99 within a Reward Tier Cycle. In order to unlock the Pure Encapsulations Elite Wellness, the Member must spend at least $500.00 within a Reward Tier Cycle. Pure Encapsulations reserves the right to change, modify, or otherwise alter these requirements at any time and without notice.

Pure Encapsulations may modify, terminate or remove any Reward, the requirements for earning Rewards, and/or the terms and conditions applicable to any specific Reward at any time. Rewards may vary depending on the Program Rules at the time of access and are subject to availability.

5. PROGRAM ACKNOWLEDGEMENTS.
By enrolling in this Loyalty Rewards Program, each Member acknowledges and agrees that:

• Points are not valid unless earned in strict compliance with the requirements of these Program Rules and the Official Rules of any applicable Pure Encapsulations promotion, as interpreted and applied by Pure Encapsulations, and Members shall not attempt to earn points by any means (including without limitation, by using any script, bot, or other automated means) that only simulates compliance with the applicable requirements. A determination by Pure Encapsulations of the number or amount of Points available to any Member shall be final and binding for all purposes.
• Points have no cash, trade or barter value. Members have no ownership interest in accrued Points and Points are not the property of Members. There may be a delay before Points appear in a Member’s Account after a Qualifying Activity or purchase has been completed, and Members shall have no claim against Pure Encapsulations based on failure of Points to appear in a timely manner.
• Points may only be earned in connection with these Program Rules and any Pure Encapsulations promotions and may not be redeemed by, or sold, exchanged or otherwise transferred to any other Member or to an account for any other rewards program.
• In the event that a Member fails to comply with these Program Rules or the Official Rules of any Pure Encapsulations promotion, Pure Encapsulations reserves the right to terminate the Member’s Account and/or invalidate a Member’s Points in addition to seeking any and all remedies available under the law. Upon termination of a Member’s Account for any reason, all Points will become null and void, regardless of when or how they were acquired by such Member.
• Upon termination of the Loyalty Rewards Program for whatever reason, all Points will become null and void and will not be redeemable for any good, service, or any other value, financial or otherwise.
  

6. ADDITIONAL TERMS AND CONDITIONS

a. Program Updates; Member Communications
From time to time, Rewards and other information will be updated on the Loyalty Rewards Program Website (https://pureforyou.com/pages/pure-encapsulations-perks).
Please check the Website from time to time for the most up-to-date information and notices. 

Any changes to Member contact information should be made by Member under his or her My Account page. By becoming a Member of the Program, Member agrees to receive communications related to their Program rewards and benefits from Pure Encapsulations as permitted by law. Pure Encapsulations is not responsible for communications, including Rewards, lost due to a change of email address, communication opt-in status, or other contact information.

b. TAXES 
ANY AND ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES AND ALL FEES AND EXPENSES RELATED TO ACCEPTANCE AND USE OF REWARD ARE NOT SPECIFICALLY STATED HEREIN ARE THE RESPONSIBILITY SOLELY OF MEMBER.

c. Termination / Cancellation
With the exception of individual promotions, which shall have start and end dates as set forth in the Official Rules for the individual promotions, the Loyalty Rewards Program has no predetermined termination date and may continue until such time as Pure Encapsulations, at its sole discretion, elects to designate a program termination date. Pure Encapsulations reserves the right, in its sole discretion and without notice, to terminate, cancel or expire the Program, in whole or in part, or an individual Member’s enrollment in the Program, for any reason and at its sole discretion, with or without cause.

“Termination” shall be defined as ending the Loyalty Rewards Program, with no further ability to earn Points and/or redeem Rewards by any Member in the Program; the Program has not been terminated if a replacement/successor program is made available to the Program Members that offers the Members a reasonable means to earn Points and redeem Rewards. “Cancellation” shall be defined as the expiration or revocation of an individual Member’s Account, for any reason, with or without cause. 

Company reserves the right, in its sole discretion and without notice, to cancel a Member’s enrollment in the Program after twelve (12) months of account inactivity. All accrued Points and Rewards will be lost if the membership expires or is cancelled for any reason.

d. Caution and Warning
ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS REWARD PROGRAM OR THE WEBSITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PURE ENCAPSULATIONS RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation by a Member may subject that Member to termination of his/her Account and will affect eligibility for future participation in the Program. Pure Encapsulations reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event Member defrauds or abuses the Program, fails to follow any terms of the Program, or makes any misrepresentations to Pure Encapsulations.

e. Modification of Agreement
Member acknowledges that Pure Encapsulations has the right to change, update, revise, limit, supplement and otherwise modify the terms of this Agreement and impose new or additional terms and conditions on Member’s use of the Account, at any time, at its discretion, with or without notice, even though such changes may affect the accumulation of Points or the ability to obtain Rewards. Pure Encapsulations reserves the right to change the Program Rules at any time in its sole discretion without prior notice to Member, including but not limited to: (i) the qualifications for membership; (ii) the value of Points earned by the Member; (iii) the qualifying points earned to unlock a Tier or earn a Reward; (iv) the start, duration, and conclusion of each Reward Tier Cycle; and (v) the Rewards available to be earned.

Each such modification will be effective upon either posting at the Website or notice to you. Your continued participation in this Loyalty Rewards Program following any such modifications constitutes your acceptance of such modifications and your agreement to be bound by these Program Rules, including the Website Terms and Conditions of Use and our Privacy Policy, each of which are incorporated into these Program Rules by reference. If you do not agree to any modification of these Program Rules, or the terms incorporated herein, as the case may be, your sole remedy is to discontinue your use of the Website and participation in this Loyalty Rewards Program. It is important that you review these Program Rules regularly. Sponsor may terminate this Loyalty Rewards Program, in whole or in part, at any time.

f. LIMITATION OF LIABILITY AND RELEASE
BY ENROLLING IN THE PROGRAM, ACCUMULATING POINTS AND RECEIVING REWARDS, YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGREE: (A) TO BE BOUND BY THESE PROGRAM RULES AND BY ALL APPLICABLE LAWS AND DECISIONS OF SPONSOR AND ADMINISTRATOR, WHICH SHALL BE BINDING AND FINAL; (B) TO WAIVE ANY RIGHTS TO CLAIM AMBIGUITY WITH RESPECT TO THESE TERMS AND CONDITIONS; (C) TO WAIVE ALL OF YOUR RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST PURE ENCAPSULATIONS, YOTPO, PARENT OR AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) IN CONNECTION WITH THE WEBSITE, ANY REWARDS PROGRAM, INCLUDING ANY REWARD, AND (D) TO FOREVER AND IRREVOCABLY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CAUSES OF ACTION, PROCEEDINGS, DEMANDS, FINES, PENALTIES, LIABILITY COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, OUTSIDE ATTORNEYS' OR LEGAL FEES) THAT MAY ARISE IN CONNECTION WITH: (I) THE WEBSITE, ANY REWARDS PROGRAM, OR ANY ACTIVITIES IN CONNECTION WITH THE WEBSITE OR A REWARDS PROGRAM, OR ANY REWARD, INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN ANY REWARDS PROGRAM OR OTHER ACTIVITY, (II) TYPOGRAPHICAL, PRINTING, AND OTHER ERRORS IN THESE PROGRAM RULES OR ANY REWARDS PROGRAM MATERIALS, (III) ANY CHANGE IN ANY REWARD (OR ANY COMPONENTS THEREOF) DUE TO UNAVAILABILITY, OR DUE TO REASONS BEYOND PURE ENCAPSULATIONS’S CONTROL, (IV) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF ANY REWARDS PROGRAM, (V) HUMAN ERROR, (VI) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY ENTRY, (VII) ANY TECHNICAL MALFUNCTIONS OR UNAVAILABILITY OF THE WEBSITE OR ANY TELEPHONE NETWORK, COMPUTER SYSTEM, COMPUTER ONLINE SYSTEM, COMPUTER TIMING AND/OR DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER, OR MAIL SERVICE UTILIZED BY PURE ENCAPSULATIONS, ANY OF THE RELEASED PARTIES OR BY YOU, (VIII) INTERRUPTION OR INABILITY TO ACCESS THE WEBSITE OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS, (IX) ANY LOST/DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS, AND/OR ANY OTHER ERRORS OR MALFUNCTIONS, (X) ANY LATE, LOST, STOLEN, MUTILATED, MISDIRECTED, ILLEGIBLE, DELAYED, GARBLED, CORRUPTED, DESTROYED, INCOMPLETE, UNDELIVERABLE OR DAMAGED REWARDS PROGRAM SUBMISSIONS, (XI) ANY WRONGFUL, NEGLIGENT, OR UNAUTHORIZED ACT OR OMISSION ON THE PART OF ANY OF THE RELEASED PARTIES OR OF ANY OTHER THIRD PARTY, (XII) LOST, LATE, STOLEN, MISDIRECTED, DAMAGED OR DESTROYED REWARDS (OR ANY ELEMENT THEREOF), OR (XIII) THE NEGLIGENCE OR WILLFUL MISCONDUCT BY YOU OR OF ANY THIRD PARTY. PURE ENCAPSULATIONS AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN ANY REWARDS PROGRAM, IN ANY ACTIVITY OR “CHALLENGE” AND/OR THE ACCEPTANCE OR USE OF ANY REWARD. BY PARTICIPATING IN THE REWARDS PROGRAM, OR THE USE OF ANY REWARD, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.

By enrolling in this Loyalty Rewards Program, Member agrees for Member and Member’s heirs, executors, administrators and assigns, to release and hold harmless, and hereby releases and holds harmless, the Released Parties from any and all liability for loss, harm, damage, injury, cost or expense whatsoever arising from or in connection with: (1) any unauthorized access to, alteration or use of Member’s account, transmissions or data, any material or data sent or received or not sent or received through this Loyalty Rewards Program, (2) any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights; or (3) a Member’s acceptance, possession, grant, or use of any points, prize or reward, including without limitation, product failure or liability, personal injury, death and property damage arising therefrom. Any health information provided on the Website or by Pure Encapsulations is for educational and entertainment purposes only, and are not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. Pure Encapsulations disclaims any liability from and in connection with the Website, and you agree that we are not liable for any injury you may sustain by participating in the Program.

IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND THE RELEASED PARTIES SHALL BE HELD HARMLESS BY ALL MEMBERS AGAINST, ANY AND ALL INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF POINTS OR ANY REWARD OR PRIZE, AND/OR PARTICIPATING IN THE LOYALTY REWARDS PROGRAM, PROGRAM-RELATED ACTIVITIES, AND OTHER PROMOTIONS OPERATED IN CONNECTION WITH THIS LOYALTY REWARDS PROGRAM, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY (A) MATTER BEYOND THEIR REASONABLE CONTROL, OR (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY REWARD CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS LOYALTY REWARDS PROGRAM, MEMBER AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS LOYALTY REWARDS PROGRAM OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SUCH SITE. PURE ENCAPSULATIONS DISCLAIMS ANY LIABILITY FROM AND IN CONNECTION WITH THE WEBSITE.

g. DISCLAIMER OF ALL WARRANTIES
THIS LOYALTY REWARDS PROGRAM, INCLUDING, WITHOUT LIMITATION, POINTS AND REWARDS, AND ALL PROGRAM SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEITHER SPONSOR OR ITS AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THIS LOYALTY REWARDS PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THIS LOYALTY REWARDS PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED; OR (F) ANY LEADERBOARD USED IN CONNECTION WITH THIS LOYALTY REWARDS PROGRAM OR ANY RELATED PROMOTION IS ACCURATE OR COMPLETE. A MEMBER’S USE OF THE REWARDS PROGRAM IS SOLELY AT THE MEMBER’S OWN RISK.

h. DISPUTE RESOLUTION BY MANDATORY, BINDING ARBITRATION
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU AND PURE ENCAPSULATIONSWOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
 
If you and Pure Encapsulations have a Dispute (defined below), and we are unable to resolve your concern, you and Pure Encapsulations agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. If you intend to initiate an arbitration proceeding, you must first send a verified notice (the “Notice”) that describes the Dispute. 

The Notice to Pure Encapsulations must be sent to:
Nestlé Health Science U.S.
Attn: Legal Department
1007 U.S. Highway 202/206
Bldg. JR-2
Bridgewater, NJ 08807

The Corporate Trust Company
1209 Orange Street
Wilmington, DE 19801

The Notice must include your name and contact information (address, telephone number, and email address), and a detailed description of (1) the Dispute, (2) the nature and basis of your claims, and (3) the nature and basis of the relief sought, with a detailed calculation. You must personally sign the Notice. If requested by Pure Encapsulations, you must personally appear at and participate in a telephone settlement conference (if you are represented by counsel, your counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you and Pure Encapsulations may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. 

If we are unable to resolve the Dispute through the mandatory informal dispute resolution process, you unconditionally agree that, except as set forth below, all claims, controversies, or disputes at law or equity between you and Pure Encapsulations that may arise out of or relating in any way to this or previous versions of these Terms, your use of the Services, any information or content contained in the Services, or to any products or services sold or distributed by us or through the Services whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”) will be resolved by individual, binding arbitration, rather than in court. The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. This arbitration provision shall survive termination of this agreement. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH PURE ENCAPSULATIONS IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. This Dispute Resolution section evidences a transaction in interstate commerce and the Federal Arbitration Act applies to the interpretation and enforcement of this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party’s individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Term of Use as a court would. The arbitrator may not consider any prior settlement offers in making the decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.

You and Pure Encapsulations agree that the arbitration will be administered by the American Arbitration Association (“AAA”), adr.org. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this Dispute Resolution section, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this Dispute Resolution section. If the parties cannot agree on a provider, one shall be selected by the court that will administer arbitrations consistent with this Dispute Resolution section.). To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: Pure Encapsulations U.S., Attn: Legal Department, 1007 U.S. Highway 202/206, Bldg. JR-2, Bridgewater, NJ 08807 and The Corporate Trust Company, 1209 Orange Street, Wilmington, DE 19801 for Nestlé Health Science; and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration. Notwithstanding anything to the contrary, Pure Encapsulations will pay all fees and costs that it is required by law to pay.

The arbitration hearing may be held in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. You and Pure Encapsulations may also agree to have the arbitration conducted by telephone or based solely on written submissions. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an arbitrator is appointed. 
Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. 

The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other customers of Nestlé Health Science but is bound by rulings in prior arbitrations involving the same customer of Pure Encapsulations to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator's award may be entered in any court having jurisdiction.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, you and Pure Encapsulations agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. NEITHER YOU NOR PURE ENCAPSULATIONS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. Unless you and Pure Encapsulations agree otherwise, a Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, no arbitration or proceeding will be combined with another and the arbitrator may not adjudicate or determine any form of a representative, class, consolidated, collective, or private attorney general proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other customers of Pure Encapsulations.

If for any reason a claim proceeds in court rather than in arbitration both you and Pure Encapsulations waive any right to a jury trial OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section, the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If any party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against Pure Encapsulations by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Pure Encapsulations shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process, which shall be completed within 180 days from the selection of cases. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process, which shall be completed within 180 days from the selection of cases. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated, or otherwise resolved. To the extent your claim has not been adjudicated, resolved, or withdrawn within 18 months following the second bellwether process, you may elect to opt-out of the bellwether process and provide your Demand for Arbitration to the AAA for adjudication pursuant to the AAA Consumer Arbitration Rules and Multiple Consumer Case Filing Fee Schedule. To the extent you have provided Notice of a Dispute, the statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Pure Encapsulations.

Future Changes to Dispute Resolution Section: Notwithstanding any provision to the contrary, we agree that if the Pure Encapsulations makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice within thirty (30) days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.

7. INAPPROPRIATE CONTENT AND ACTIONS; MEMBER IDENTITY DISPUTES
In addition, the following terms and conditions apply:

• Inappropriate online social media activity posted in connection with the Loyalty Rewards Program is prohibited, and Pure Encapsulations has the sole discretion to determine what constitutes inappropriate social media activity. Any Member engaging in such activity will have his or her Account cancelled and any Points or Rewards due to him or her will be forfeited.
• Pure Encapsulations will not tolerate hateful or discriminatory speech, inappropriate language, or abusive activity of any kind. Any Member engaging in such activity in connection with the Loyalty Rewards Program will have his or her Account cancelled and any Points or Rewards due to him or her will be forfeited.
• Any statement by a Member about a product or service offered by Pure Encapsulations must be truthful, accurate and substantiated. Misrepresenting the benefits, health or otherwise, or regulatory approvals of a product is prohibited and may result in cancelation of the Member’s Account and forfeiture of any Rewards due to him or her.
• Creation of fake Members, via electronic or manual efforts, in order to obtain referral points is strictly prohibited.
• No robotic, software-generated, other automated, purchased or incomplete Qualifying Activities will earn points. Gaming, fraud, or abuse relating to the earning of points may result in forfeiture of accrued points as well as termination of a Member’s account and/or THIS LOYALTY REWARDS PROGRAM, in Sponsor’s sole discretion. Sponsor reserves the right to take legal action, including criminal prosecution, as Sponsor deems necessary, in Sponsor’s sole discretion
• In the event of a dispute over the identity of a Member, the Member will be deemed to be the authorized account holder of the e-mail address identified at enrollment into this Loyalty Rewards Program. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute, social sharing site) that is responsible for assigning e-mail addresses for the domain associated with the applicable e-mail address.

8. PRIVACY
For an explanation of Pure Encapsulations' practices and polices relating to the collection, use, and storage of Member personal information, please refer to Pure Encapsulations' Privacy Policy set forth on the Website at https://www.pureencapsulationspro.com/privacy-policy. Pure Encapsulations and its agents, affiliates, subsidiaries, representatives, or service providers may use Members’ and/or referrals’ personal information for purposes of Reward fulfillment and/or for future marketing by Pure Encapsulations, such as to notify them of a product or promotion that Pure Encapsulations thinks may be of interest.

9. WARNING
Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the operation of this Loyalty Rewards Program, or with the Website or any other websites or Approved Sites relating to this Loyalty Rewards Program; or (b) acting in violation of these Program Rules. Any attempt by a Member or any other person to deliberately damage the Website or undermine the legitimate operation of this Loyalty Rewards Program may be a violation of criminal and civil laws; and should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys’ and experts’ fees) from any such entrant or other person to the fullest extent permitted by law, including seeking criminal prosecution.

10. CONTACT/QUESTIONS
For more information about the Program and/or Member Accounts, or if you have other questions, see the Program Website https://pureforyou.com/pages/pure-encapsulations-perks, using our online contact form or call us 1-800-753-2277, 9 am – 5 pm EST.