PROLIFESTREAM TERMS OF SERVICE

UPDATED: December 1, 2016

Please read this terms of service (“Agreement”) carefully before accessing or using this website (Site). By accessing or using the Site, You (“User,” “You,” and “Your”) agree to be bound by this Agreement. Protozeen LLC, d.b.a. ProlifeStream (“ProlifeStream,” “We,” “Us,” “Our” and “the Company”) (collectively “Parties”), provides the information and services on this Site to You conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Site constitutes Your agreement to all such terms, conditions, and notices, including Our Privacy Policy.

The information and services offered on this Site are provided with the understanding that ProlifeStream is not engaged in rendering medical, nutritional, or other professional services or advice. Your use of the Site is subject to the additional disclaimers that may appear throughout the Site. If You have medical, nutritional, or health questions, please consult a licensed provider in Your community.

The statements made in relation to this product have not been evaluated by the United States Food and Drug Administration. This product is a dietary supplement and is not intended to diagnose, treat, cure or prevent any disease.

ProlifeStream, its agents, representatives, and assigns assume no responsibility for any consequence relating directly or indirectly to any action or inaction that You take based on the information, services, or other material on this Site. While ProlifeStream and Our partners, strive to keep the information on this Site accurate, complete, and up-to-date, We cannot guarantee, and will not be responsible for, any damage or loss related to, the accuracy, completeness, or timeliness of the information.

Personal and Noncommercial Use Limitation: Prohibited Uses

You may access, download, and print materials on this Site for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, license, create derivative works from any information, software, products, or services obtained from this Site.

If and when requested by Prolifestream, You agree to provide true, accurate, and complete User information, including any entities You represent, and to refrain from impersonating or falsely representing Your affiliation with any person or entity.

No Unlawful or Prohibited Use

As a condition of  Your use of this Site, You warrant to ProlifeStream, that You will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If You violate any of these terms, Your permission to use the Site automatically terminates.

All Users are required to abide the following rules of conduct:

    • You must provide accurate information as required on this Site.
    • You may use this Site only for personal and noncommercial purposes.
    • You may not use this Site to abuse, harass, or defame anyone.
    • You may not use this Site to do anything unlawful, misleading, malicious, or discriminatory.
    • You may not post spam or upload viruses or other malicious code. You may not do anything that is designed to disable, overburden, or interfere with the normal working of this Site.
    • You may not use this Site to violate anyone’s intellectual property rights.
    • If You share an opinion about a product or service, You may only share Your honest opinions based on Your personal experience. Failing to do this will violate the Federal Trade Commission’s regulations regarding truthfulness in testimonials (16 CFR §§ 255.0–255.5). You must also disclose when You are compensated for giving a testimonial.
       

We have no obligation to monitor the Site, but We can, and We may remove anything that a User posts for any or no reason.

If You share any feedback, ideas, suggestions, comments, or other content with ProlifeStream on this Site, through this Site, or that You email to Us, You grant the Company an irrevocable, non-exclusive, perpetual, paid-in-full, royalty-free, sublicenseable, worldwide license to that content, in whole or in part, for any purpose, in any forum, without requiring further consent from or credit to You. By posting content on this Site or to this Company, You attest that You have the right to post that material and to grant the above license to Us and that You will indemnify and reimburse ProlifeStream for any attorneys’ fees and costs if We are accused of wrongdoing for using content provided by You.

Making a Purchase through Prolifestream

We use Stripe to process payment for all purchases made through this Site. By making a purchase, You agree to their terms of service. We never save or have access to Your credit card or other payment information.

You must be at least 18 years old to make a purchase through this Site. We may, in Our sole discretion, limit or cancel quantities or products purchased per person, per household, or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to cancel orders that appear to be placed by unauthorized resellers or distributors.

Due to safety concerns, We do not offer returns or refunds, even for unopened products. We are committed to quality and We can never re-sell a product once it leaves Our facilities. To request a replacement for a product that was damaged in transit or is otherwise defective, please contact us at info@prolifestream.com With Your name, order confirmation number, and a picture that shows the problem with the product.

If You have a subscription for Our product(s), You may cancel Your subscription at any time. If there is an outstanding order associated with Your subscription, the cancellation will go into effect once that order is processed by the Company.

If You wish to cancel or modify an order, please contact Us at orders@prolifestream.com as soon as possible after placing the order. We cannot cancel or modify Your order once it is shipped. If Your order has not been shipped when the cancellation is received, it shall be subject to a processing and restocking fee of 15%.

Links

ProlifeStream may provide links to other websites on this Site. Providing a link, however, is not an endorsement. We shall not be responsible for any material on any site to which We provide a link. User assumes all risk by following a link. ProlifeStream provides no guarantee that any website We link to will be accurate or available.

Copyrights and Trademarks

ProlifeStream retains Our copyright rights in all Our content published on this Site. Users may request permission to use or repurpose Our content by contacting Us at info@prolifestream.com.

“ProlifeStream” and its logo are trademarks owned by Prolifestream and may not be used without Our explicit written permission.

Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.

Digital Millennium Copyright Act (DMCA) Policy

ProlifeStream will comply with any properly submitted DMCA takedown and counter takedown notices We receive (17 U.S.C. § 512). If You believe that Your copyrighted work has been copied and posted on the Site in a way that constitutes copyright infringement, You must contact Our DMCA Agent at the following address: ProlifeStream; Attn: DMCA/Copyright Agent; 2533 North 12th Street, Phoenix, AZ 85006 or info@prolifestream.com.

Warranty Disclaimer

USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT USER’S SOLE RISK.  NEITHER PROLIFESTREAM, OUR AFFILIATES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR (2) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE.

THIS SITE AND ITS INFORMATION, PRODUCTS, AND SERVICES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROLIFESTREAM HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL PROLIFESTREAM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, MATERIAL AND/OR SERVICES OBTAINED THROUGH THIS SITE, WHETHER, BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

YOU USE THIS SITE AT YOUR OWN RISK. IF YOUR USE OF THIS SITE OR THE MATERIALS HEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACING PROEPRTY, MATERIAL, EQUIPMENT, OR DATA, PROLIFESTREAM IS NOT RESPONSIBLE FOR THOSE COSTS.

Dispute Resolution

By using this Site, User agrees that any claim, dispute, or controversy User may have against Us arising out of, relating to, or connected in any way with this Agreement, or this Site, shall be resolved exclusively in a court located in Maricopa County, Arizona You agree to consent to this venue and the jurisdiction of this court. Arizona law shall govern all disputes related to this Site. In all claims, disputes, and controversies related to this Agreement or this Site, the prevailing party’s attorneys’ fees will be paid by the non-prevailing party in addition to any damages assessed against them. User agrees You may only bring a claim on behalf of yourself and shall not file a class action lawsuit against ProlifeStream. In any dispute, You agree that most You can recover in a claim against Us is reimbursement for the amount of money You paid Us for the product related to Your claim.

Modifications to Agreement

ProlifeStream may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, You agree that You are responsible for reviewing this Agreement periodically, and Your continued access or use of this Site shall be deemed Your acceptance of the modified agreement. ProlifeStream may, without prior notice, make improvements and/or changes in this Site, including, but not limited to, the information, services, products, or other material at any time.

Disclosures

Questions and concerns may be sent to ProlifeStream at 2533 North 12th Street, Phoenix, AZ 85006 or via email at info@prolifestream.com.

Communication with Users

By using this Site, You give ProlifeStream consent to communicate with You using the contact information You provide. We may contact You for various reasons, including, but not limited to, information about changes to Our Site and/or services. We promise We will never spam You. In accordance with the CAN-SPAM Act, You may opt-out of these communications at any time.

No Third Party Beneficiaries

Nothing contained in this Agreement creates any relationship, contractual or otherwise, with, or any rights in favor of, any third party.

Miscellaneous

This Agreement and the ProlifeStream Privacy Policy shall constitute the entire agreement of the Parties with respect to the subject matter in this Agreement. No waiver by either Party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.

If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. If a provision is found to be invalid, the Parties hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either Party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.

Termination

ProlifeStream may terminate this Agreement with any User at any time for violations of the Site’s terms of service or any terms affiliated with any of Our services. Without limiting the foregoing, We shall have the right to immediately terminate or suspend any User accounts or activities in the event of any conduct by User, which ProlifeStream in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. Termination may occur without notification to the User.

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