Acceptance of Terms
By accessing or using the ProstaVive website (the “Website”), you agree to be bound by these terms of use (“Terms”), as well as by our Privacy Policy located at https://prostavive.org/privacy-policy, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, please do not use the Website. This Website is available only to individuals aged 18 or older. By using the Website, you confirm that you are of legal age to form a binding contract and that you meet all eligibility requirements.
Modifications to These Terms
The Company reserves the right to modify these Terms at any time, in its sole discretion. Any changes will become effective immediately upon being posted on the Website and will apply to all subsequent use. Note that modifications to the dispute resolution section will not affect disputes for which notice was given before the changes were posted. Continued use of the Website after changes have been made signifies your acceptance of the updated Terms. We encourage you to review this page periodically to stay informed of any updates.
Access and Account Security
The Company may, at its discretion, change, suspend, or discontinue any portion of the Website or any service provided through it, without notice and without liability for any resulting unavailability. You are solely responsible for ensuring you have proper access to the Website and for making sure that anyone using your Internet connection complies with these Terms.
When registering for an account or accessing certain parts of the Website, you may be asked to provide personal information. You agree that all such information will be accurate, current, and complete, and that you consent to the handling of your information as described in our Privacy Policy. If you receive or choose a username, password, or any security credentials, you must keep them confidential and not share them with others. You are responsible for any activities that occur under your account and must immediately notify the Company of any unauthorized use or breach of security. The Company may disable your account or credentials at its discretion, particularly if it determines that you have violated these Terms.
Intellectual Property
The entire content of this Website—including text, images, software, audio, video, and design—is the property of the Company, its licensors, or other providers and is protected by copyright, trademark, patent, trade secret, and other laws. You are granted a limited, non-transferable, non-commercial right to use the Website solely for personal purposes. You may not copy, modify, distribute, or create derivative works from any content on the Website except as expressly permitted by the following:
Temporary copies made in RAM while accessing the Website.
Files automatically cached by your browser for display purposes.
A single copy of a reasonable number of pages for personal, noncommercial use.
Downloading a single copy of any provided applications for your personal use, subject to any applicable end user license agreement.
Utilizing any built-in social media features in the manner intended.
Any unauthorized use of the content, including removal or alteration of copyright or trademark notices, is strictly prohibited and will terminate your right to use the Website.
Trademarks
The names, logos, and slogans associated with ProstaVive are trademarks of the Company or its affiliates/licensors. You may not use these marks without prior written consent from the Company. Other trademarks appearing on the Website belong to their respective owners.
Prohibited Activities
You agree to use the Website only for lawful purposes. You must not:
Violate any applicable local, state, national, or international law.
Exploit or harm minors by exposing them to inappropriate content or by soliciting personal information.
Upload, download, or use material that infringes on intellectual property rights or that is otherwise illegal.
Transmit unsolicited advertising or promotional content (spam) without the Company’s consent.
Impersonate the Company, its employees, or any other person.
Engage in any activity that could harm, disable, or disrupt the Website or any other user’s access.
Use any automated processes (such as bots, spiders, or scrapers) to access or copy any content from the Website without our express written consent.
Introduce malicious software or interfere with the operation of the Website.
Attempt to gain unauthorized access to any part of the Website or its related systems.
Reliance on Posted Information
The information provided on the Website is intended solely for general informational purposes. The Company makes no warranties regarding the accuracy, completeness, or reliability of any information on the Website. Any reliance on such information is at your own risk. Third-party content or opinions expressed on the Website do not necessarily reflect those of the Company, and the Company is not responsible for any errors or omissions in such content.
Updates to Website Content
While the Company may update content on the Website periodically, it does not guarantee that all information is complete or up-to-date at any given time. The Company is not obligated to update any material on the Website.
Data Collection and Use
Any information the Company collects through the Website is subject to our Privacy Policy. By using the Website, you consent to the collection and use of your data as outlined in that policy.
Online Transactions and Additional Terms
Purchases or other transactions made through the Website are subject to our separate Terms of Sale, which are incorporated into these Terms by reference. Additional terms may apply to certain services or features on the Website, and those terms are also considered part of this agreement.
Linking to the Website
You may link to the Website’s homepage provided that the link is displayed in a fair and legal manner and does not harm the reputation of the Company. However, you may not create a link that suggests any form of endorsement or association without explicit written consent from the Company.
Links to Third-Party Websites
The Website may contain links to third-party sites for your convenience. The Company does not control these sites and is not responsible for their content or any damages arising from your use of them. Accessing third-party websites is at your own risk and subject to their own terms and conditions.
Electronic Communications
By providing your email address, you agree to receive communications from the Company, including order confirmations, newsletters, promotional offers, and other updates. These communications may include links to third-party websites, for which the Company is not responsible regarding their content or reliability.
Geographic Restrictions
The Website is intended for users located within the United States. 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-Related Information and Disclaimers
Before using any products or services related to ProstaVive, consult with a qualified healthcare provider. The health information provided on this Website is intended for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Neither the Company nor its representatives are medical professionals. Any actions you take based on the information provided are at your own risk. You agree to hold harmless the Company and its agents from any liability for injuries or adverse outcomes resulting from your use of the Website or its content, except in cases of gross negligence or intentional misconduct.
Disclaimer of Warranties
The Website and all materials and services provided are offered “as is” and “as available” without any warranties, express or implied. The Company does not guarantee that the Website will be secure, error-free, or uninterrupted. To the fullest extent permitted by law, the Company disclaims all warranties, including those of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
Under no circumstances will the Company or its affiliates, licensors, or employees be liable for any indirect, incidental, consequential, punitive, or special damages (including but not limited to loss of revenue, profits, or data) arising out of or in connection with your use of the Website or the inability to access it—even if advised of the possibility of such damages. This limitation applies regardless of the legal theory under which such damages are sought.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from your use of the Website or any violation of these Terms.
Governing Law and Jurisdiction
These Terms and your use of the Website shall be governed by the laws of the State of Michigan, without regard to conflict-of-law principles. Any disputes not subject to arbitration will be resolved exclusively in the state or federal courts located in Michigan. By using the Website, you consent to the jurisdiction and venue of these courts.
Arbitration Agreement
At the Company’s discretion, you may be required to resolve any disputes arising out of or related to these Terms or the Website through binding arbitration under the American Arbitration Association’s rules, with Michigan law as the governing law.
Class Action Waiver
Any claims you bring must be in your individual capacity and not as a member of any class or representative action. Unless otherwise agreed by the Company, any arbitration shall proceed on an individual basis only.
Time Limitation for Claims
Any claim arising from your use of the Website or these Terms must be initiated within one year from the date the claim accrues, or such claim will be permanently barred.
Waiver and Severability
Failure by the Company to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. If any part of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, along with the Privacy Policy and Terms of Sale, constitute the entire agreement between you and the Company regarding the Website and supersede all prior agreements or understandings, whether written or oral.
Feedback
We welcome your feedback regarding the Website. Please note that any suggestions or ideas you provide will not be treated as confidential and may be used by the Company without any obligation to you.
Contact Information
If you have any questions, comments, or concerns regarding these Terms or the Website, please contact us at support@prostavive.org or write to us at:
Claro Media
1 Yonge St, Suite 1801
Toronto, ON M5E 1W7
Canada
By continuing to use the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.