Terms of use

This Website is owned and operated by Ajmerani LLC. Ajmerani LLC may be referred to as “Ajmerani,” “we,” “our,” and/or “us” in this agreement (“Agreement”). “You” or “your” refers to an individual who is an Ajmerani customer or who is using, visiting, or browsing our Website.

Using Ajmerani’s Website at www.purestartbaby.com and other domain names (collectively, the “Website”) owned by Ajmerani or its officers and/or placing any order indicates your acceptance of all terms and conditions contained in this Agreement. This Agreement, and any modifications to the terms and conditions that Ajmerani may post from time to time, constitutes the entire Agreement between you and Ajmerani, and your use of the Website constitutes your acceptance of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any services.

By agreeing to this Agreement, you represent that you are at least the age of majority in your state or province of residence, and have the legal capacity to enter into this Agreement, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of the Agreement will result in an immediate termination of your Services, and Ajmerani reserves the right to seek legal action against you.

While Ajmerani uses reasonable efforts to include accurate and up-to-date information on the Website, Ajmerani makes no warranties or representations as to its accuracy. Ajmerani assumes no liability or responsibility for any errors or omissions in the content on the Website. Changes may be periodically made to these web pages and these changes may be incorporated without notice.

User Accounts, Registration, and Password Security

If you create an account on the Website, you represent and warrant that you have provided true, accurate, and complete information, and you will promptly update such information to keep it current. You are responsible for maintaining the confidentiality of your account credentials, username, and password, and for restricting access to your computer or device.

ALL INFORMATION TRANSMITTED BY, SUBMITTED BY, OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE OR YOUR ACCOUNT WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully and notify us immediately if you suspect unauthorized access. Ajmerani reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Intellectual Property Protection

You should assume that everything you see or read on the Website, including but not limited to Ajmerani®, Pure Start®, logos, all other trademarks, Website trade dress elements, text, site design, graphics, icons, images, data, color schemes, interfaces, software code, as well as the selection, assembly and arrangement thereof, is copyrighted unless otherwise noted and may not be used except as provided in this Agreement without the written permission of Ajmerani. All rights not expressly granted herein are reserved.

Neither the Website, your account, nor any data, text, images, or Content accessible on or through the Site may be duplicated, modified, reengineered, decompiled, reverse engineered, decrypted, reassembled, supplemented, translated, adapted, or enhanced. Systematic retrieval of data or other Content from the Site to prepare any collection, compilation, database, or directory is strictly prohibited. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, patent, and/or other applicable laws and could result in criminal or civil penalties.

Pricing and Payment

All prices are shown in U.S. dollars ($), and are valid and effective only for products and services ordered and shipped within the United States through the Website. Taxes, shipping, and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

All prices are subject to change without notice. In the event of a typographical or pricing error on the Website, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.

All credit cards, debit cards, or other acceptable payment methods used on our Website must be valid, and all refunds will be credited to the same card or, in our discretion, another method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and authorize us to charge your order (including taxes, shipping, handling, and any amounts described on this Website) to that card or other payment method. If the card or other payment method cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended and/or cancelled. You agree to keep your payment method information current and that we may submit charges for processing even if the payment method used has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

Third Party Websites and Optional Tools

Other websites accessible through our Website have their own privacy policy, terms of use, and data collection practices. Please review each website’s privacy policy, terms of use, and data collection practices. We provide these links as a convenience, but unless we specifically say so, we do not endorse the third-party websites or anything on them. Ajmerani is not responsible for the contents of any third-party websites or any other sites linked to the Website. Your linking to any other third-party pages or other sites is at your own risk.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and features through the Website (including the release of new tools and resources). Such new features and services shall also be subject to this Agreement.

Retailer or Merchant Purchases

Any purchase made by a retailer or merchant, which is defined as a purchase for any use other than as a consumer, constitutes the purchase of commercial goods, and terms of sale shall be construed to be between merchants. Except as agreed in writing, these terms will supersede any terms and/or conditions you include with any purchase order, regardless of whether Ajmerani signs them or not. Ajmerani reserves the right to make changes to this Website and this Agreement at any time. Retailers and/or merchants are not authorized to resell Ajmerani’s products to other retailers, merchants, directly to consumers or customers, and/or below MAP pricing without express written consent from Ajmerani. Retailers and/or merchants are not authorized to sell our products outside of the United States of America without express written consent from Ajmerani.

Order Acceptance and Processing

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per order, per household, or per person. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing and shipping address. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We accept your order only upon shipment of the product. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

Accuracy of Billing and Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Guarantee and Returns

We guarantee our products are free from manufacturer defects. In the rare chance that you receive a part or product that is defective due to defects in manufacturing and/or workmanship, we will gladly replace that part or product.

This guarantee does not apply in cases of damage in transit, inadequate care or neglect, abuse, abnormal use, misuse, accidents, normal wear and tear, damage due to environmental or natural elements, failure to follow product instructions, improper storage or maintenance of the products, or improper service or causes not arising out of defects in materials and workmanship.

Please see our Returns Policy. Replacement or refund requests must be made within 30 days of delivery date, and proof of purchase is required to process the request. We may ask for additional information, including but not limited to photos of the defect, to authorize the return request.

For replacement parts, if the original part is not available or out of stock, the parts will be sent as soon as it/they become available or similar parts will be sent in substitution. If you have any questions, please contact us at: returns@purestartbaby.com.

Please note that we do not accept returns or refunds for products purchased at retail stores. If you purchased a product from a retail store that is damaged, defective, or does not meet your expectations, please return it with your receipt directly to the place of purchase for an exchange or refund, subject to that retailer’s return policies.

Shipping and Handling

Shipping and handling costs are included in your total. We may use carriers including U.S. Postal Service, FedEx, or UPS. Most orders are shipped within 24 to 48 hours on business days provided the items are in stock. Business days are Monday-Friday, excluding federal holidays within the U.S.

Shipping times are not guaranteed due to weather and other uncontrollable events. Once the order has been processed and/or shipped, order changes cannot be made. Refused or undeliverable shipments that are returned to our warehouse(s) and/or distribution center(s) will not be processed, and refunds will not be provided as the warehouse(s) and/or distribution center(s) are not equipped to handle or accept returned merchandise. Please email returns@purestartbaby.com for instructions on returning a purchase or check out the Returns Policy page. You also agree that you will not obtain or direct shipment of our product(s) for export.

Sales Tax

We are required to charge all applicable local and state sales tax on orders.

Website Use and Prohibited Activity

Our Website is for personal use only, and you may not use our Website or its contents for any other purposes. By using our Website, you warrant that: 1) you shall not use the Website or its contents for any unlawful or prohibited purpose; 2) you shall provide us with accurate information; and 3) you shall pay all charges incurred on your debit card, credit card, or other payment method, including any applicable taxes, shipping, and handling.

You agree that you shall not transmit any content on and/or through the Website that is unlawful, harmful, pornographic, threatening, invasive of another’s privacy, abusive, harassing, tortuous, defamatory, obscene, vulgar, libelous, hateful, or racially, ethnically, or otherwise objectionable, or is considered unsolicited or unauthorized advertising, spam, chain letters, or pyramid schemes. You shall not upload any content that solicits personal information from anyone under the age of eighteen (18) or includes a photograph of another person posted without their consent.

You also agree not to violate or attempt to violate the Website’s security. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer. You agree not to use any device, software, routine, or automated tool (including browsers, spiders, robots, avatars, or intelligent agents) to navigate, search, or scrape the Site other than standard, generally available third-party web browsers. Any unauthorized modification, tampering, or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. Ajmerani reserves all rights and remedies available to it.

Ajmerani takes no responsibility and assumes no liability for any user content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Ajmerani liable for any defamation, mistakes, slander, omissions, libel, falsehoods, obscenity, profanity, or pornography you may encounter. Your use of our Website is at your own risk. Ajmerani is not liable for any statements, representations, or user content provided by its users on any part of the Website, including our Blog. Although Ajmerani has no obligation to screen, edit, or monitor any of the user content posted on the Website, Ajmerani reserves the right, and has absolute discretion, to screen, edit, or remove any user content posted or stored on the Website at any time for any reason without notice. Any use of our Website in violation of this Agreement may result in, among other things, termination or suspension of your rights to use our Website. Ajmerani may disclose any information in order to cooperate with legitimate governmental requests, subpoenas, or court orders, to protect Ajmerani’s systems and customers, or to ensure the integrity and operation of Ajmerani’s business and systems.

If you post, email, mail, fax, or telephone content and/or information to Ajmerani and/or the Website in any form, media, software, or technology of any kind, you grant Ajmerani a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce, and create derivative works from your content and/or information. You authorize Ajmerani to include the content and/or information in a searchable format that may be accessed by users of the Website. Additionally, you grant us the right to use any content, material, information, ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services. If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, images, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation; or (3) to respond to comments.

This does not include personal data submitted with the purchase of any products and/or services from the Website, which is governed by our Privacy Policy.

Assignment

This Agreement shall bind and inure to the benefit of Ajmerani’s successors, assigns, and licensees. Ajmerani shall have the right to assign or otherwise transfer its rights or obligations under this Agreement, whether by contract, merger, sale of all or substantially all of Ajmerani’s assets, or operation of law without your consent or notice to you. You shall not have the right to assign, by contract, operation of law, or otherwise, this Agreement or any of the rights, interests, or obligations hereunder without Ajmerani’s express written permission, which Ajmerani may withhold in its absolute discretion.

Applicable Laws, Dispute Resolution, Indemnification, and Risk of Loss

This Agreement shall be governed by the laws of the United States of America and the State of Texas without regard to principles of conflict of law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement. Any and all disputes, claims, and causes of action arising from or relating to the Website or this Agreement shall be resolved individually, without resort to any form of class action.

You agree to defend, indemnify, save, and hold harmless Ajmerani, its officers, representatives, employees, consultants, partners, co-brands, successors, assigns, and agents from and against any and all allegations, claims, actions, damages, expenses, loss, liability, threatened or pending proceedings, orders, or demands, including but not limited to reasonable attorney’s fees and other legal expenses, by third parties arising from or related to your use or misuse of the Website, violation of this Agreement, or infringement of third-party rights. This indemnification agreement shall survive any termination or suspension of a user’s use of the Website.

Products purchased from this Website are transported and delivered to you by an independent carrier. Title to products purchased on this Website, as well as the risk of loss for such products, passes to you when we deliver these items to the carrier at our facility or at the independent carrier’s facility. Ajmerani shall not be liable for either delays in deliveries or failure to deliver due to any cause or event beyond Ajmerani’s control, including, but not limited to: 1) acts of God, acts of the buyer, acts of civil or military authority, fires or other casualty, labor disputes, floods, war, earthquakes, delays in transportation; 2) inability beyond Ajmerani’s reasonable control to obtain necessary labor, materials, components, or manufacturing facilities; 3) any other commercial impracticability or cause beyond Ajmerani’s reasonable control; 4) strikes, labor issues, delay or defaults of the independent carriers, or failure or curtailment of Ajmerani’s source of supply. And in addition, Ajmerani shall have the right, in the event of the happening of any of the above or other force majeure contingencies, to cancel this agreement or any part thereof without any resulting liability.

In the event that any provision of this Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement; such determination shall not affect the validity and enforceability of any other remaining provisions.

Disclaimer of Warranties and Limitation of Liability

THE AJMERANI WEBSITE, ALL CONTENT AVAILABLE ON THE WEBSITE, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS, SERVICES, OR THE WEBSITE OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN. AJMERANI DOES NOT MAKE ANY OTHER REPRESENTATIONS OR EXPRESS WARRANTIES. EXCEPT FOR DUTIES OF GOOD FAITH, WE DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, AND DUTIES, IMPLIED, EXPRESS, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS: (A) CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE; AND (B) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF RESULTS, AND OF ACCURACY, COMPLETENESS, PRIVACY, OR SECURITY. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE OUR PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO, YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE, AND THAT AJMERANI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE.

IN NO EVENT SHALL AJMERANI BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF AJMERANI’S PRODUCTS OR THIS WEBSITE, EVEN IF AJMERANI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF ANY DAMAGES. TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (1) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED; AND (2) WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.

Ajmerani shall have discretion to enforce any provision of this Agreement or respond to a breach. Failure to respond to or enforce any provision of this Agreement or respond to a breach shall not constitute a waiver of any right. If any provision in this Agreement is invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Updates

Ajmerani may at any time revise this Agreement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Agreement to which you are bound.