By participating in the Auto Ship & Save Program, you acknowledge that you have read and understand the Terms & Conditions and agree to by bound by them.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. The subscription or purchasing agreement will continue until you (“Subscriber”) cancel. Subscriber will receive the item selected reoccurring on the cadence selected until the subscriber cancels.
2. Cancel up to 24 hours before your next shipment by logging into ‘My Account’ and editing your selection in ‘My Auto Ship & Save’.
3. The recurring charges will be charged to Subscriber’s credit or debit card or payment account with a third party on file as part of the automatic renewal plan or arrangement, and the amount of the charge may change. An email will be sent prior to shipment verifying the total charge amount for the upcoming shipment.
4. The length of the automatic renewal term is chosen by the Subscriber with options from 1-6 months. The service is continuous, unless changed by the Subscriber.
5. No minimum purchase is necessary.
ADDITIONAL TERMS AND CONDITIONS
a. PROGRAM OPERATION. Puritan’s Pride’s Auto Ship & Save Program will be operated in accordance with the procedures and policies posted on the Program Website (https://puritan.com/autoshipandsave), including but not limited to those on the FAQ page, which is incorporated by reference herein. Further, employees, officers and directors of Puritan’s Pride and each of their respective affiliated companies, subsidiaries, sales representatives, suppliers, distributors, consultants, legal counsel, advertising, public relations, promotional, fulfillment, marketing, and judging agencies, website providers, web masters, printers or the prize provider, agencies or contractors of any of the above organizations, including any entities engaged in the development, execution or fulfillment of this Auto Ship & Save Program, together with the immediate family members and persons living in the same household as such individuals, are not eligible to participate in this Auto Ship & Save Program or any related sweepstakes or incentive.
b. PROGRAM UPDATES; Auto Ship & Save Communications: From time to time, subscription updates and other information will be updated on the Puritan’s Auto Ship & Save Program Website [https://puritan.com/autoshipandsave].
Please check the website for the most up-to-date information and notices. Each Auto Ship & Save Program Subscriber is responsible for reading the Program Rules and any other communications from Puritan’s Pride in order to understand his or her rights, responsibilities, and status in the Puritan’s Perks Auto Ship & Save Program.
Any changes to Subscriber contact information should be made by Subscriber under their My Account page. By becoming a Subscriber of the Program, Subscriber agrees to receive advertising, marketing materials and other communications from Puritan’s Pride as permitted by law. Puritan’s Pride is not responsible for communications lost due to a change of email address or other contact information.
c. TERMINATION/CANCELLATION: The Auto Ship & Save Program has no predetermined termination date and may continue until such time as Puritan’s Pride, at its sole discretion, elects to designate a program termination date. Puritan’s Pride 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 Subscriber’s enrollment in the Program for any reason and at its sole discretion, with or without cause.
"Termination" shall be defined as ending the Auto Ship & Save Program, with no further ability to subscribe to automatic shipments and purchases; the Program has not been terminated if a replacement/successor program is made available to the Program Subscribers that offers the Subscribers a reasonable means to subscribe to automatic shipments of items. “Cancellation” shall be defined as the expiration or revocation of an individual Subscriber’s, for any reason, with or without cause. Termination and Cancellation may result from violation of any of the terms and conditions of this Agreement and/or fraudulent or unauthorized use of the Subscriber Account. Subscribers may cancel participation in the Program up to 24 hour before your order ships by visiting www.puritan.com. To cancel the subscription for an Auto Ship & Save item, Visit 'My Account' and select 'Manage My Auto Ship & Save' and click the ‘cancel’ link next to the desired item. You'll be prompted to confirm this action and indicate your reason for cancelling. Once you've chosen a reason and click “Cancel Subscription” to confirm choice, your subscription will be cancelled and no future orders will be placed. You'll also receive an email notification confirming this. Subscribers may opt out of marketing emails by unsubscribing per the instructions at the bottom of any such email received. If Puritan’s Pride terminates this Agreement and Subscribers use of the Account without cause, Puritan’s Pride may opt to provide Subscribers notice via email sixty (60) days from the date of Termination or Cancellation.
Company reserves the right, in its sole discretion and without notice, to expire a Subscribers enrollment in the Program after twelve (12) months of account inactivity.
d.MODIFICATION OF AGREEMENT: Member acknowledges that Puritan’s Pride 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 Subscriber’s use of the Account, at any time, at its discretion, with or without notice. Puritan’s Pride reserves the right to change the Program Rules at any time in its sole discretion without prior notice to Subscriber, including but not limited to: (i) the qualifications for subscribing; (ii) the qualifying spend on purchases for free shipping (iv) the 5% discount on Puritan’s Pride brand item.
Each such modification will be effective upon either posting at the Website or notice to you. Your continued participation in this Auto Ship & Save Program following any such modifications constitutes your acceptance of such modifications and your agreement to be bound by these Program Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, your sole remedy is to discontinue your use of the Website and participation in this Auto-Ship & Save Program. It is important that you review these Terms and Conditions regularly. Puritan’s Pride may terminate this Auto Ship & Save Program, in whole or in part, at any time.
e. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS AUTO SHIP & SAVE PROGRAM OR THE WEBSITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PURITAN’S PRIDE 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 Subscriber may subject that Subscriber to termination of his/her Account and will affect eligibility for future participation in the Program. Puritan’s Pride reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event Subscriber defrauds or abuses the program, fails to follow any terms of the Program, or makes any misrepresentations to Puritan’s Pride.
f. LIMITATION OF LIABILITY AND RELEASE: BY ENROLLING IN THE AUTO SHIP & SAVE PROGRAM, , YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGREE: (A) TO BE BOUND BY THESE TERMS AND CONDITIONS AND BY ALL APPLICABLE LAWS AND DECISIONS OF PURITAN’S PRIDE, 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 PURITAN’S PRIDE, ORDERGROOVE, 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 AUTO SHIP & SAVE PROGRAM, INCLUDING ANY PRODUCT, 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 AUTO SHIP & SAVE PROGRAM, OR ANY ACTIVITIES IN CONNECTION WITH THE WEBSITE OR AN AUTO SHIP & SAVE PROGRAM, OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN ANY AUTO SHIP & SAVE PROGRAM OR OTHER ACTIVITY, (II) TYPOGRAPHICAL, PRINTING, AND OTHER ERRORS IN THESE TERMS AND CONDITIONS OR ANY AUTO-SHIP & SAVE PROGRAM MATERIALS, (III) ANY CHANGE IN ANY PRODUCT (OR ANY COMPONENTS THEREOF) DUE TO UNAVAILABILITY, OR DUE TO REASONS BEYOND PURITAN’S PRIDE’S CONTROL, (IV) ANY INTERRUPTIONS IN OR POSTPONEMENT, CANCELLATION, OR MODIFICATION OF ANY AUTO SHIP & SAVE PROGRAM, (V) HUMAN ERROR, (VI) INCORRECT OR INACCURATE TRANSCRIPTION, RECEIPT OR TRANSMISSION OF ANY ORDER OR SUBSCRIPTION, (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 PURITAN’S PRIDE, 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 ORDERS OR 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 ORDERS (OR ANY ELEMENT THEREOF), OR (XIII) THE NEGLIGENCE OR WILLFUL MISCONDUCT BY YOU OR OF ANY THIRD PARTY. PURITAN’S PRIDE 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 AUTO SHIP & SAVE PROGRAM, AUTO SHIP & SAVE PROGRAM-RELATED ACTIVITIES, AND OTHER PROMOTIONS OPERATED IN CONNECTION WITH THIS AUTO SHIP & SAVE PROGRAM. BY PARTICIPATING IN THE AUTO SHIP & SAVE PROGRAM, OR THE USE OF ANY PRODUCT, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.
By enrolling in this Auto Ship & Save Program, Subscriber agrees for Subscriber and Subscriber’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 Subscriber’s account, transmissions or data, any material or data sent or received or not sent or received through this Auto Ship & Save 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 Subscriber’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 Puritan’s Pride 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. Puritan’s Pride 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 AUTO SHIP & SAVE PROGRAM, AUTO SHIP & SAVE PROGRAM-RELATED ACTIVITIES, AND OTHER PROMOTIONS OPERATED IN CONNECTION WITH THIS AUTO SHIP & SAVE 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 AUTO SHIP & SAVE 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, CONSQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS AUTO SHIP & SAVE PROGRAM OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SUCH SITE. PURITAN’s PRIDE DISCLAIMS ANY LIABILITY FROM AND IN CONNNECTION WITH THE WEBSITE.
g. DISCLAIMER OF ALL WARRANTIES.THIS AUTO SHIP & SAVE PROGRAM, INCLUDING, WITHOUT LIMITATION, PRODUCTS, 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 PURITAN’S PRIDE OR ITS AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THIS AUTO SHIP & SAVE PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THIS AUTO SHIP & SAVE PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.A SUBSCRIBER’S USE OF THE AUTO SHIP & SAVE PROGRAM IS SOLELY AT THE MEMBER’S OWN RISK.
h. DISPUTE RESOLUTION. Except where prohibited by law, Subscribers (and former Subscribers) agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Auto Ship & Save Program or any points, prizes or benefits awarded hereunder shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in Suffolk County, New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Auto Ship & Save Program, but in no event attorneys’ or experts’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Auto Ship & Save Program Terms and Conditions, or the rights and obligations of the Subscribers (and former Subscribers) and Puritan’s Pride in connection with this Auto Ship & Save Program, shall be governed by, and construed in accordance with, the laws of the State of New York, United States without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
i. PRIVACY: For an explanation of Puritan’s Pride’s practices and polices relating to the collection, use, and storage of Subscriber personal information, please refer to Puritan’s Pride’s Privacy Policy contained on the website at www.puritan.com/help/privacy. Puritan’s Pride and its agents, affiliates, subsidiaries, representatives or service providers may use Subscribers’ and/or referrals’ personal information for purposes of reward fulfillment and/or for future marketing by Puritan’s Pride, such as to notify them of a product or promotion that Puritan’s Pride thinks may be of interest.
CONTACT/QUESTIONS: For more information about the Auto Ship & Save Program and/or Auto Ship & Save Accounts, or if you have other questions, see the Program Website https://puritan.com/autoshipandsave, Program FAQs, or email us at custserv@puritan.com
