Terms of Use
Terms and Conditions of Use
THESE HEALTHSPAN RESEARCH, LLC TERMS AND CONDITIONS OF USE SET FORTH THE LEGAL BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS WEBSITE AND THE RELATED SERVICES AND PRODUCTS OFFERED OR ANY PURCHASES YOU MAKE VIA THIS WEBSITE OR ANY AFFILIATE. WE GRANT YOU LIMITED ACCESS TO THIS WEBSITE IF AND ONLY IF YOU COMPLETELY AGREE TO THE FOLLOWING:
Healthspan Research, LLC (collectively, "We", "Us", or "Our") Terms and Condition of Use apply to all users of www.prohealthspan.com (the “Website”), including, without limitation, users who are contributors of content, information and other materials or services on this Website. Your access and use of this Website will be subject to the version of the Terms and Condition of Use posted on this Website at the time of use. If you do not agree with the Terms and Conditions of Use, then you do not have the right to access, view, download or otherwise use this Website or purchase any product and, accordingly, you should not do so.
We may at our sole discretion change, add, or delete portions of these Terms and Conditions of Use at any time on a going-forward basis without notice to you. It is your responsibility to check these Terms and Conditions of Use on a time-to-time basis.
General Terms and Conditions
Unless otherwise noted, the products and services on this Website are intended for personal, non-commercial purposes only. You agree to use this Website, its Products and Services, only for lawful, non-commercial purposes and in compliance with the all international, federal, state and local laws. Except as expressly permitted in these Term and Conditions of Use, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license, or in any way exploit the content, products, or services of this Website.
We do not authorize or permit the resale of our products by unauthorized retailers, resellers, and/or distributors. Therefore any purchase order suspected to be used for illegal distribution or any other activity not approved in writing by one of our authorized officers may your account be subject to suspension or immediate termination of, and you may be restrained from any further access to this Website. Any open order will be cancelled and credited back to the original purchaser. We reserve the right to pursue any unlawful retailer, reseller, or distributor for violations including but not limited to The Lanhan Act.
The statements on this website have not been evaluated by the FDA. The products for sale on this website are not intended to diagnose, treat, cure, or prevent any disease.
Recurring Orders/Automatic Renewals
When ordering products on this website, you can elect to have your order automatically renew by selecting the checkbox that says "Renew my order automatically" or "Renew automatically and get free shipping" during the checkout process. If you elect to renew your order automatically the following applies:
- Your order will be delivered via UPS or USPS within 5-7 business days. If you select "automatic renewal" your order will renew automatically as follows, until you cancel:
- For monthly subscriptions your order will repeat every month on the day you originally ordered.
- For quarterly subscriptions (3 month) your order will repeat every three months on the day you originally ordered.
- For "bi-annual" subscriptions (6 month) your order will repeat every six months on the day you originally ordered.
- You can manage your subscription from the "account" section of prohealthspan.com.
- For any product related inquires please email us at info@prohealthspan.com.
Privacy
To better inform you of our practices with respects to the collection, use, disclosure and protection of your information, we ask that you visit our privacy policy page by clicking here. The Privacy Policy is hereby incorporated into this Agreement and by using this Website you agree to the terms of our Privacy Policy.
Eligibility
You represent and warrant that you: (i) are above the legal age of majority in your jurisdiction of residence[ (ii) have not previously been suspended or removed from this Website; (iii) do not have more than one (1) account at any given time for this Website; (iv) will only provide us with true, accurate, current and complete information if you register for an account and/or place an order through this Website; and (v) have capacity and authority to enter into the Terms and Conditions of Use and in doing so will not violate any other agreement to which you are a party. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to this Website or services (or any portion thereof).
User Content
We welcome user comments, information, and submissions. In addition, you and other users of this Website from time to time may have an opportunity to post on this Website certain ideas, concepts, information, data, text, photographs, graphics, videos, music, sound, sound clips, messages, comments, comments on products, advertising and other promotional materials or events, facts, advice, tips, opinions and other material (collectively, "User Content"). Subject to our Privacy Policy, all User Content that you post on this Website will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Website. You also agree that we, our affiliates, and our licensees are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to us for any purpose whatsoever, including, but not limited, developing, manufacturing, and marketing products, services and content using such information, without any credit, notice, approval, or compensation to you. We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on this Website. We are not responsible for any user's misuse or misappropriation of any User Content you post on this Website.
You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation, any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, sub-licensable right and license to use, copy, reduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in/of any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each user of this Website a non-exclusive license to access your User Content through this Website, and to use, edit, modify, reproduce, distribute, prepare derivative works
of, display and perform such User Content. We and our designees may use or otherwise transfer, remove or dispose of any and all User Content without restriction and users of this Website shall not be entitled to any compensation whatsoever of any such use, transfer or disposition of User Content by us. Notwithstanding the foregoing, personally identifiable data, if any, included in User Content shall be handled in accordance with our Privacy Policy.
Product Availability
The availability of the products and services described herein on this Website, and the descriptions of such products and services, may vary based on location and timing and remain fully subject to the “Disclaimer” section below.
Intellectual Property and Trademark Rights
This Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content ( collectively "Proprietary Material"), are protected by copyright, trademark and other laws of the United States, as well as international convention and the laws of other countries. The Proprietary Material is
owned or controlled by us or by other parties that have provided rights thereto to us.
Except as otherwise provided in these Terms and Conditions of Use or without our express prior written permission, you may not, and agree that you will not use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, methods, or process now known or later developed. Modification of the materials appearing on this Website or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
DISCLAIMER
YOU AGREE THAT YOUR USE OF, AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS
AND EMPLOYEES) SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THIS WEBSITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WE ALSO MAKE NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND WE HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THIS WEBSITE MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. WE AND OUR AFFILIATES DO NOT ENDORSE NOR SHALL WE OR THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THIS WEBSITE BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING IN SUCH CAPACITY.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THIS WEBSITE, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THIS WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THIS WEBSITE. YOU (AND NOT WE OR ANY OF OUR AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON SUBSCRIBING OR USING THIS WEBSITE. THEREFORE, WE DECLINE ALL LIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED ARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION
By using this Website, you agree to defend, indemnify, and hold us, our parent companies, subsidiaries and affiliates, and each of their respective officers, directors, employees, contractors and suppliers harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising in any way from or in connection with your use of this Website or any service available on or through this Website, the uploading, posting, e-mailing, or
transmission of any User Content or other materials by you or users authorized by you, infringement of any Proprietary Material, or any violation by you of these Terms and Conditions, our Privacy Policy or any other policy posted from time to time on this Website applicable to your use of this Website. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL WE OR OUR AFFILIATES, INCLUDING, WITHOUT LIMITATION, OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, WASTED EXPENDITURE, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS,
LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT, SOFTWARE OR OTHER GOODS OR SERVICES, OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY ARISING OUT OF OR RELATED TO: (i) THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THIS WEBSITE ANY PLATFORM APPLICATIONS OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THIS WEBSITE; OR (ii) ANY CLAIM (INCLUDING FOR PROPERTY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM) ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THIS WEBSITE OR THE LINKED SITES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH THIS WEBSITE OR LINKED SITES, EVEN IF WE OR OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS ARE AWARE OR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS AND CONDITIONS.
GOVERNING LAW; GENERAL INFORMATION
We control and operate this Website from our offices in the State of California, United States of America. While we invite visitors from all parts of the world to visit this Website, visitors acknowledge that this Website, and all activities available on and through this Website, are governed by the laws of the United States of America and the laws of the State of California. We do not represent that materials on this Website are appropriate or available for use in other locations. If you choose to access this
Website from other locations do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that the laws of the State of California, excluding its conflict of laws rules, and these Terms and Conditions, our Privacy Policy and any other policies posted from time to time on this Website applicable to your use of this Website shall govern your use of this Website. Please note that your use of this Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or relating in any
way to your use of this Website resides in the courts of the County of Los Angeles, State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Los Angeles, State of California, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THIS WEBSITE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.
A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are the entire agreement between you and us with respect to this Website and any User Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect.
ANY DISPUTE RELATING IN ANY WAY TO YOUR VISIT TO THIS WEBSITE OR TO
PRODUCTS YOU PURCHASE THROUGH THIS WEBSITE SHALL BE SUBMITTED TO MANDATORY, CONFIDENTIAL ARBITRATION. THIS CLAUSE SHALL BE INTERPRETED BROADLY IN FAVOR OF ARBITRATION, AND ANY ISSUES OF ARBITRABILITY SHALL BE GOVERNED BY THE UNITED STATES ARBITRATION ACT. ARBITRATION SHALL BE CONDUCTED IN LOS ANGELES COUNTY, CALIFORNIA, EXCEPT THAT, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS,WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT LOCATED IN LOS ANGELES COUNTY, STATE OF CALIFORNIA, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS. ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION BY A SINGLE ARBITRATOR APPOINTED BY THE AAA. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS
AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR
OTHERWISE. SHOULD EITHER PARTY FILE AN ACTION CONTRARY TO THIS PROVISION, THE OTHER PARTY MAY BE AWARDED ITS REASONABLE ATTORNEYS FEES AND COSTS. OUR FAILURE TO INSIST UPON OR ENFORCE STRICT PERFORMANCE OF ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL NOT BE CONSTRUED AS A WAIVER OF ANY PROVISION OR RIGHT. NEITHER THE COURSE OF CONDUCT BETWEEN THE PARTIES NOR
TRADE PRACTICE SHALL ACT TO MODIFY ANY OF THESE TERMS AND CONDITIONS.
By using this Site, you agree that we at our sole discretion, will require that: (1) any and all disputes and causes of action related to or connected with these Terms, this Website, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with purchasing a product), and participant further waives all rights to have damages multiplied or increased.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.