ProstaVive

Terms and Conditions

Acceptance of the Terms of Use

These terms of use are entered into between you and ProstaVive (the "Company", "we", "us", or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, this "Agreement" or "Terms"), govern your access to and use of the ProstaVive websites, including any content, functionality, newsletters, SMS program, events, and services offered on or through the ProstaVive websites (collectively, the "Website" or "Services").

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.
  • To access or use the Services in a way that could disable, overburden, damage, or impair the Services.
  • To attempt to gain unauthorized access to systems, accounts, or data.
  • To scrape, harvest, or collect data from the Services without permission.
  • To transmit malware or harmful code.

Subscriptions, Email, and SMS Communications

A) Email Communications

By providing your email address and opting in, you agree to receive electronic communications from the Company, including order updates, newsletters about new features and content, special offers, promotional announcements, and customer surveys via email. You can unsubscribe at any time via the "unsubscribe" link located in our emails. You acknowledge that electronic communications you receive from the Company may contain links to third-party websites or resources.

B) SMS / Text Messages — Key Terms

By providing your mobile number and opting in, you agree to receive recurring automated marketing and/or transactional SMS/text messages from ProstaVive, consistent with your selections.

  • Consent: Your consent to receive marketing texts is not a condition of purchase.
  • Frequency: Message frequency varies.
  • Rates: Message and data rates may apply.
  • Opt-out: You may revoke consent or opt out at any time by replying STOP (or any other reasonable opt-out request such as "QUIT," "END," "CANCEL," or "UNSUBSCRIBE") to any message. You may receive a final confirmation message regarding your opt-out.
  • Help: Reply HELP for assistance or contact support@prostavive.org.
  • Carrier Liability: Wireless carriers are not responsible for delayed or undelivered messages.

Mobile Messaging Program Terms (SMS) — Addendum

This section applies if you opt in to receive SMS/text messages (the "SMS Program").

  • Consent and Authorization: You authorize the Company to send you recurring automated text messages at the number you provide. Message types may include editorial alerts, event reminders, and promotional or partner highlights.
  • Revocation: We will process opt-out requests within a commercially reasonable time and as required by applicable rules.
  • Number Changes: If you change or deactivate your phone number, you are responsible for updating your information. Opt-out requests apply to the phone number used.
  • Program Changes: We may modify or terminate the SMS Program at any time with appropriate notice where required.

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.

Health Disclaimers

Important: Informational Only — No Medical Advice. All content and communications provided through the Services (including articles, email, SMS, and events) are for general informational and educational purposes only.

  • Not a Medical Provider: We are not a medical provider. We do not provide medical advice, diagnosis, or treatment.
  • Consult your Doctor: Before using ProstaVive, we recommend that you consult with your physician or other qualified health provider and receive medical permission. Always consult a clinician for personal medical questions and before starting, changing, or stopping any health routine, supplement, or medication.
  • Emergencies: If you believe you may have a medical emergency, call 911 or your local emergency number.
  • No Relationship: NO CLINICIAN–PATIENT RELATIONSHIP IS CREATED BY YOUR USE OF THE SERVICES.

Health Risks and Liability:

  • Risks: There may be risks associated with participating in activities mentioned on the Website. You knowingly and voluntarily assume 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 arising out of or relating to the activities discussed on this Website, excepting only claims for gross negligence or intentional tort.

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.

Affiliate, Referral, and Sponsored Content Disclosure

Some links or recommendations within our Services may be affiliate or referral-based, meaning we may earn compensation if you take action through those links. Where compensation is possible, we aim to disclose material connections clearly.

Third-Party Links, Partner Services, and Telehealth Pathways

The Services may reference or link to third-party products, services, websites, or telehealth providers ("Third-Party Services").

  • These are provided for your convenience only, including banner advertisements and sponsored links.
  • Third-Party Services are provided by independent parties, not the Company. We do not control and are not responsible for their content, availability, pricing, policies, or privacy practices.
  • Your use of Third-Party Services is governed by their own terms and policies. You access them entirely at your own risk.

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. We make no claims that the Website is 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 US, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." You understand that the Company cannot guarantee that files available for downloading from the Internet will be free of viruses. You are responsible for anti-virus protection. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • In no event will the Company, its affiliates, or their licensors, employees, or directors be liable for damages of any kind (including direct, indirect, incidental, special, or consequential damages) arising out of or in connection with your use, or inability to use, the Website.
  • This includes personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
  • The Company is not liable for spam emails from third parties claiming to be the Company or promoting our products.
  • The Company's total liability for any claim will not exceed the greater of (A) $100 or (B) the amount you paid us in the 12 months before the event giving rise to the claim.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys' fees) arising out of or relating to your violation of this agreement or your use of the Website, including your User Submissions or use of any information obtained from the Website.

Governing Law and Jurisdiction

Michigan law governs all matters relating to the Website and this agreement without giving effect to any choice or conflict of law provision. Any legal suit not subject to arbitration will be instituted exclusively in the federal or state courts located in the state of Michigan.

Arbitration and Class Action Waiver

At the Company's sole discretion, it may require you to submit any disputes to final and binding arbitration under the Rules of the American Arbitration Association applying Michigan law. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Limitation on Time to File Claims

Any cause of action you may have arising out of or relating to this agreement must be commenced within one year after the cause of action accrues; otherwise, it 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. If any provision is held to be invalid or unenforceable, that provision will be limited to the minimum extent so that the remaining provisions 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 understandings, both written and oral.

Feedback

The Company encourages you to give feedback. We will not treat as confidential any suggestion or idea you give, and we reserve the right to use and 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, requests for technical support, and other communications relating to the Website should be directed to: support@prostavive.org.