These terms of use are entered into between you and ProstaVive
(the “Company”). The following terms and conditions, together with
any documents they expressly incorporate by reference
(collectively, this “agreement”), govern your access to and use of
the ProstaVive websites, including any content, functionality, and
services offered on or through the ProstaVive websites
(collectively, the “Website”).
Please read this agreement carefully before you start to use
the Website. By using the Website or by clicking to accept or
agree to this agreement when this option is made available to you,
you accept and agree to be bound and abide by this agreement and
the Company’s Privacy Policy, found at
https://prostavive.org/privacy-policy, incorporated by reference.
If you do not want to agree to this agreement or the Privacy
Policy, you must not access or use the Website.
This Website is offered and available to users who are
18-years old or older. By using this Website, you state that you
are of legal age to form a binding contract with the Company and
meet all the foregoing eligibility requirements, if any. If you do
not meet all these requirements, you must not access or use the
Website.
Changes to the Agreement
The Company may revise and
update this agreement on one or more occasions in its sole
discretion. All changes are effective immediately when the Company
posts them and apply to all access to and use of the Website from
then on. But any changes to the dispute resolution provisions set
out in Governing Law and Jurisdiction will not apply to any
disputes for which the parties have actual notice on or before the
date the change is posted on the Website.
Your continued use of the Website after the posting of the
revised agreement means that you accept and agree to the changes.
You are expected to check this page often, so you are aware of any
changes, as they are binding on you.
Accessing the Website and Account Security
The Company
may withdraw or amend this Website, and any service or material
the Company provides on the Website, in its sole discretion
without notice. The Company will not be liable if for any reason
all or any part of the Website is unavailable at any time or for
any period. On one or more occasions, the Company may restrict
access to some parts of the Website, or the entire Website, to
users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to
the Website.
Ensuring that all persons who access the
Website through your Internet connection are aware of this
agreement and comply with it.
To access the Website or some
of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of
your use of the Website that all the information you provide on
the Website is correct, current, and complete. You acknowledge
that all information you provide to register with this Website or
otherwise, including through the use of any interactive features
on the Website, is governed by the Privacy Policy, and you consent
to all actions the Company takes with respect to your information
consistent with the Privacy Policy.
If you choose, or are provided with, a username, password,
or any other piece of information as part of the Company’s
security procedures, you must treat this information as
confidential, and you must not disclose it to any other person or
entity. You also acknowledge that your account is personal to you
and will not provide any other person with access to this Website
or parts of it using your username, password, or other security
information. You will promptly notify the Company of any
unauthorized access to or use of your username or password or any
other breach of security. You also will ensure that you exit from
your account at the end of each session. You should use particular
caution when accessing your account from a public or shared
computer so that others are not able to view or record your
password or other personal information.
The Company may disable any username, password, or other
identifier, whether chosen by you or provided by the Company, at
any time in its sole discretion for any or no reason, including
if, in the Company’s opinion, you have violated any part of this
agreement.
Intellectual-Property Rights
The Website and its
entire contents, features, and functionality (including all
information, software, text, displays, images, video, and audio,
and the design, selection, and arrangement of it) are owned by the
Company, its licensors, or other providers of that material and
are protected by United States and international copyright,
trademark, patent, trade secret, and other intellectual property
or proprietary rights laws.
This agreement permits you to use the Website for your
personal, non-commercial use only. You must not reproduce,
distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store, or transmit any of
the material on the Website, except as follows:
Your computer may temporarily store copies of those
materials in RAM incidental to your accessing and viewing those
materials.
You may store files that are automatically cached
by your Web browser for display enhancement purposes.
You
may print or download one copy of a reasonable number of pages of
the Website for your own personal, noncommercial use and not for
further reproduction, publication, or distribution.
If the
Company provides desktop, mobile, or other applications for
download, you may download a single copy to your computer or
mobile device solely for your own personal, noncommercial use, on
condition that you agree to be bound by the Company’s end user
license agreement for those applications.
If the Company
provides social media features with certain content, you may take
those actions as are enabled by those features.
You must
not:
Modify copies of any materials from this Website.
Use
any illustrations, photographs, video or audio sequences, or any
graphics separately from the accompanying text.
Delete or
alter any copyright, trademark, or other proprietary rights
notices from copies of materials from this Website.
You must
not access or use for any commercial purposes any part of the
Website or any services or materials available through the
Website.
If you print, copy, modify, download, or otherwise use or
provide any other person with access to any part of the Website in
breach of this agreement, your right to use the Website will stop
immediately and you must, at the Company’s option, return or
destroy any copies of the materials you have made. No interest in
or to the Website or any content on the Website is transferred to
you, and all rights not expressly granted are reserved by the
Company. Any use of the Website not expressly permitted by this
agreement is a breach of this agreement and may violate copyright,
trademark, and other laws.
Trademarks
The Company name, the terms ProstaVive ,
the Company logo, and all related names, logos, product and
service names, designs, and slogans are trademarks of the Company
or its affiliates or licensors. You must not use those marks
without the Company’s written permission. All other names, logos,
product and service names, designs, and slogans on this Website
are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for
lawful purposes and in accordance with this agreement. You must
not use the Website:
In any way that violates any applicable federal, state,
local, or international law or regulation (including any laws
regarding the export of data or software to and from the US or
other countries).
To exploit, harm, or attempt to exploit or
harm minors in any way by exposing them to inappropriate content,
asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use
any material that does not comply with common decency or
applicable intellectual-property rights laws.
To transmit,
or procure the sending of, any advertising or promotional material
without the Company’s written consent, including any “junk mail,”
“chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a
Company employee, another user, or any other person or entity
(including by using email addresses or usernames associated with
any of the foregoing).
To engage in any other conduct that
restricts or inhibits anyone’s use or enjoyment of the Website, or
which, as determined by the Company, may harm the Company or users
of the Website or expose them to liability.
Additionally,
you must not:
Use the Website in any manner that could disable,
overburden, damage, or impair the Website or interfere with any
other party’s use of the Website, including their ability to
engage in real time activities through the Website.
Use any
robot, spider, or other automatic device, process, or means to
access the Website for any purpose, including monitoring or
copying any of the material on the Website.
Use any manual
process to monitor or copy any of the material on the Website or
for any other unauthorized purpose without the Company’s written
consent.
Use any device, software, or routine that
interferes with the proper working of the Website.
Introduce
any viruses, trojan horses, worms, logic bombs, or other material
that is malicious or technologically harmful.
Attempt to
gain unauthorized access to, interfere with, damage, or disrupt
any parts of the Website, the server on which the Website is
stored, or any server, computer, or database connected to the
Website.
Attack the Website via a denial-of-service attack
or a distributed denial-of-service attack.
Otherwise try to
interfere with the proper working of the Website.
Reliance
on Information Posted
The information presented on or
through the Website is made available solely for general
information purposes. The Company is not making any warranty about
the accuracy, completeness, or usefulness of this information. Any
reliance you place on that information is strictly at your own
risk. The Company disclaims all liability and responsibility
arising from any reliance placed on those materials by you or any
other visitor to the Website, or by anyone who may be informed of
any of its contents.
This Website may include content provided by third parties,
including materials provided by other users, bloggers, and
third-party licensors, syndicators, aggregators, or reporting
services. All statements or opinions expressed in these materials,
and all articles and responses to questions and other content,
other than the content provided by the Company, are solely the
opinions and the responsibility of the person or entity providing
those materials. These materials do not necessarily reflect the
opinion of the Company. The Company is not responsible, or liable
to you or any third party, for the content or accuracy of any
materials provided by any third parties.
Changes to the Website
The Company may update the
content on this Website on one or more occasions, but its content
is not necessarily complete or up-to-date. Any of the material on
the Website may be out of date at any given time, and the Company
is not required to update that material.
Information About You and Your Visits to the Website
All information the Company collects on this Website is
subject to its Privacy Policy. By using the Website, you consent
to all actions taken by the Company with respect to your
information in compliance with the Privacy Policy.
Online Purchases and Other Terms
All purchases through
the Website or other transactions for the sale of goods formed
through the Website or as a result of visits made by you are
governed by the Website’s Terms of Sale, which are incorporated
into this agreement.
Additional terms may also apply to specific portions,
services, or features of the Website. Any additional terms are
incorporated by this reference into this agreement.
Linking to the Website
You may link to the Website’s
homepage, on condition that you do so in a way that is fair and
legal and does not damage the Company’s reputation or take
advantage of it, but you must not establish a link in a way that
suggests any form of association, approval, or endorsement on the
Company’s part without the Company’s express written consent.
Links from the Website
If the Website contains links
to other websites and resources provided by third parties, these
links are provided for your convenience only. This includes links
contained in advertisements, including banner advertisements and
sponsored links. The Company has no control over the contents of
those websites or resources and accepts no responsibility for them
or for any loss or damage that may arise from your use of them. If
you decide to access any of the third-party websites linked to
this Website, you do so entirely at your own risk and subject to
the terms and conditions of use for those websites.
Electronic Communications from the Website
By
providing your email address, you consent to receiving electronic
communications from the Company regarding your order. You also
consent to receiving certain other communications from the
Company, including newsletters about new features and content,
special offers, promotional announcements, and customer surveys
via email. You acknowledge that electronic communications you
receive from the Company may contain links to third-party websites
or resources. You acknowledge that the Company is not responsible
or liable for (a) the availability or accuracy of those websites
or resources;or (b) the content, products, or services on or
available from those websites or resources. Links to those
websites or resources do not imply any endorsement by the Company
of those websites or resources. You acknowledge sole
responsibility for and assume all risk arising from your use of
any third-party websites or resources.
Anti-Spam Policy
In the context of electronic
messaging, spam refers to unsolicited, bulk or indiscriminate
messages, typically sent for a commercial purpose. We provide a
facility that enables users to send email messages / private
messages to others. Users must not use this facility to send
unsolicited, bulk, or indiscriminate messages, whether or not for
commercial purposes. Receipt of unwanted messages from our
company: In the unlikely event that you receive any message from
us or sent using our systems that may be considered to be spam,
please contact us by using the details below and the matter will
be investigated.
Geographic Restrictions
The owner of the Website is
based in the United States. The Company provides this Website for
use only by persons located in the United States. The Company
makes no claims that the Website or any of its content is
accessible or appropriate outside of the United States. Access to
the Website may not be legal by certain persons or in certain
countries. If you access the Website from outside the United
States, you do so on your own initiative and are responsible for
compliance with local laws.
Health Disclaimers
Before using ProstaVive, we
recommend that you consult with your physician or other qualified
health provider and receive medical permission to use ProstaVive.
Any references to physical or mental health on the Website
constitutes an educational service consisting solely of general
health information. The materials on the Website are provided “as
is” and without warranties of any kind either express or implied.
Not a Substitute for Professional Medical Advice or
Treatment. The Website’s content is not a substitute for direct,
personal, professional medical care and diagnosis. None of the
exercises or treatments (including products and services)
mentioned on the Website should be performed or otherwise used
without clearance from your physician or health care provider. The
information contained within the Website is not intended to
provide specific physical or mental health advice, or any other
advice, for any individual and should not be relied on in that
regard. Neither the Company nor its owner are medical
professionals and nothing on this Website should be misconstrued
to mean otherwise.
Health Risks. There may be risks associated with
participating in activities mentioned on the Website. If you
choose to participate in these risks, you do so of your own free
will and accord, knowingly and voluntarily assuming all risks
associated with those activities.
Injuries or Death. You will hold the Website, its owner,
agents, and employees harmless from all liability for all claims
for damages due to injuries or death, including attorneys’ fees
and costs, incurred by you or third parties, arising out of or
relating to the activities discussed on this Website, excepting
only claims for gross negligence or intentional tort.
Disclaimer of Warranties
You understand that the
Company cannot and does not guarantee or warrant that files
available for downloading from the Internet or the Website will be
free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy of
data input and output, and for maintaining a means external to the
Website for any reconstruction of any lost data. To the greatest
extent provided by law, the Company will not be liable for any
loss or damage caused by a distributed denial-of-service attack,
viruses, or other technologically harmful material that may infect
your computer equipment, computer programs, data, or other
proprietary material due to your use of the Website or any
services or items obtained through the Website or to your
downloading of any material posted on it, or on any website linked
to it.
Your use of the Website, its content, and any services or
items obtained through the Website is at your own risk. The
Website, its content, and any services or items obtained through
the Website are provided “as is” and “as available,” without any
warranties of any kind, either express or implied. Neither the
Company nor any person associated with the Company is making any
warranty or representation with respect to the completeness,
security, reliability, quality, accuracy, or availability of the
Website. Neither the Company nor anyone associated with the
Company represents or warrants that the Website, its content, or
any services or items obtained through the Website will be
accurate, reliable, error-free, or uninterrupted, that defects
will be corrected, that the Website or the server that makes it
available are free of viruses or other harmful components, or that
the Website or any services or items obtained through the Website
will otherwise meet your needs or expectations.
To the greatest extent provided by law, the Company hereby
disclaims all warranties of any kind, whether express or implied,
statutory, or otherwise, including but not limited to any
warranties of merchantability, noninfringement, and fitness for
particular purpose.
The foregoing does not affect any warranties that cannot be
excluded or limited under applicable law.
Limitation on Liability
To the greatest extent
provided by law, in no event will the Company, its affiliates, or
their licensors, service providers, employees, agents, officers,
or directors be liable for damages of any kind, under any legal
theory, arising out of or in connection with your use, or
inability to use, the Website, any websites linked to it, any
content on the Website or those other websites or any services or
items obtained through the Website or those other websites,
including any direct, indirect, special, incidental,
consequential, or punitive damages, including personal injury,
pain and suffering, emotional distress, loss of revenue, loss of
profits, loss of business or anticipated savings, loss of use,
loss of goodwill, loss of data, and whether caused by tort
(including negligence), breach of contract, or otherwise, even if
foreseeable. In addition, the Company is not liable for any spam
emails that come from a third party claiming to be the Company or
its owner. Nor will the Company be liable for any spam emails from
third parties promoting our products.
The foregoing does not affect any liability that cannot be
excluded or limited under applicable law.
Indemnification
You will defend, indemnify, and hold
harmless the Company, its affiliates, licensors, and service
providers, and its and their respective officers, directors,
employees, contractors, agents, licensors, suppliers, successors,
and assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses, or fees (including
reasonable attorneys’ fees) arising out of or relating to your
violation of this agreement or your use of the Website, including
your User Contributions, any use of the Website’s content,
services, and products other than as expressly authorized in this
agreement or your use of any information obtained from the
Website.
Governing Law and Jurisdiction
Michigan law governs
all matters relating to the Website and this agreement and any
dispute or claim arising from or related to it (in each case,
including non-contractual disputes or claims) without giving
effect to any choice or conflict of law provision or rule (whether
of Michigan or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or
related to, this agreement or the Website not subject to
arbitration will be instituted exclusively in the federal courts
of the United States located in the state of Michigan or the state
courts of the state of Michigan, although the Company may bring
any suit, action, or proceeding against you for breach of this
agreement in your country of residence or any other relevant
country. You waive all objections to the exercise of jurisdiction
over you by those courts and to venue in those courts.
Arbitration
At the Company’s sole discretion, it may
require you to submit any disputes arising from this agreement or
the use of the Website, including disputes arising from or
concerning the interpretation, violation, invalidity,
non-performance, or termination of this agreement, to final and
binding arbitration under the Rules of Arbitration of the American
Arbitration Association applying Michigan law.
Class Action Waiver
All claims arising out of or
relating to this agreement or the Website must be brought in the
parties’ individual capacity, and not as a plaintiff or class
member in any purported class or representative proceeding, and,
unless the Company agrees otherwise, the arbitrator must not
consolidate more than one person’s claims.
Limitation on Time to File Claims
Any cause of action
or claim you may have arising out of or relating to this agreement
or the Website must be commenced within one year after the cause
of action accrues, otherwise, that cause of action or claim is
permanently barred.
Waiver and Severability
No waiver by the Company of
any term stated in this agreement will be deemed a further or
continuing waiver of that term or a waiver of any other term, and
any failure of the Company to assert a right or provision under
this agreement will not constitute a waiver of that right or
provision.
If any provision of this agreement is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal,
or unenforceable for any reason, that provision will be eliminated
or limited to the minimum extent so that the remaining provisions
of this agreement will continue in full effect.
Entire Agreement
This agreement, the Privacy Policy,
and the Terms of Sale constitute the entire agreement between you
and the Company regarding the Website and supersede all earlier
and contemporaneous understandings, agreements, representations,
and warranties, both written and oral, regarding the Website.
Feedback
The Company encourages you to give feedback
about the Company or the Website. But the Company will not treat
as confidential any suggestion or idea you give, and nothing in
this agreement will restrict the Company’s right to use, profit
from, disclose, publish, or otherwise exploit any feedback,
without payment to you.
Your Comments and Concerns
This Website is operated by
Claro Media, 1 Yonge St, Suite 1801, Toronto M5E 1W7. All
feedback, comments, requests for technical support, and other
communications relating to the Website should be directed to:
[email protected].