Updated May 22, 2012
ProSupps USA LLC (the “Company”) provides a line of dietary, nutritional and sport supplements for professional and amateur athletes (the “Products”) through its www.ProSupps.com website (the “Site”).
Please do not this Site if you are not a legal resident of the United States of America. This Site is not intended for or designed to attract users under the age of 13 and the Company does not sell any stimulant products to anyone under the age of 18. The Company does not collect personal information from any person we know to be under the age of 13. If you are under the age of 13, please do not send us any personal information about you or use this Site without the direct supervision of a parent or your legal guardian.
- Notice. The Site is owned and operated by ProSupps USA LLC, a Texas limited liability company. The Company has the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the content, product offerings, and information available through our Site or needed for access to or use of the Site. By agreeing to use this Site, you understand and agree to all the terms and conditions of this Agreement.
- Intended Use. This Site is intended for your benefit to become familiar with and have the ability to purchase our Products. By agreeing to use this Site, you understand and agree to the following:
- This Site is for your personal use only and is not intended to offer any medical advice or opinions, either implied or explicit, and any information provided on the Site should not be used as such or as a substitute for advice from a medical professional. While the Site offers information about our Products, consumers should always read the label before using the purchased Product and consult a doctor before starting any diet, supplement or exercise program.
- Please note that statements on this Site have not been evaluated by the U.S. Food and Drug Administration (FDA) and none of the Products offered on this Site are intended to diagnose, treat, cure or prevent any disease. The Company does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including any product information, medical information, well-being statements, nutritional statements, sales information, copyright ownership, political views, satires, or third-party advertisements posted on or viewable from the Site or on any Product packaging, labels, or informational or sales sheets.
- Any statements by the Company, its employees, agents, affiliates, and members are provided for informational purposes only.
- The material contained within the Site is intended for residents of the United States of America only and shall only be construed and evaluated according to United States law. This material is void outside the United States of America, and where prohibited by law or regulation.
- Your Use of the Company’s Site.
- Generally. As a user of Site, you may generally have the ability browse our Site, view information about our Products and purchase our Products. You also have the ability to post comments, reviews and suggestions on our Site. You are solely responsible for such information and grant the Company a perpetual, non-exclusive and royalty free license to use such posts on the Site (the “License”). The Company is not responsible for verifying the authenticity or truthfulness of such posts and cannot represent the same to you or to other users of the Site.
- Ordering Our Products. To purchase a Product from the Site, you may create an account with us. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Company does not sell products for children, but rather it sells them to adults, who can purchase with a credit card or other permitted payment method. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. For more information on ordering our Products, please review our Return Policy or Shipping Policy. [INSERT HYPERLINKS HERE]
- Your Information & Submissions. You represent, warrant and covenant that: (1) you own or otherwise possess all necessary rights with respect to any information or material submitted to the Site, (2) the materials submitted to the Site do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (3) you hereby consent to the use of your likeness, and you have obtained the written consent, release and/or permission of every identifiable individual who appears in materials submitted to the Site to use such individual’s likeness, for purposes of using and otherwise exploiting the materials submitted to the Site in the manner contemplated by this Agreement (including the purposes of promoting the Products), or, if any such identifiable individual is under the age of 18 you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to the Company a copy of any such consents, releases and/or permissions upon the Company’s request). If you do submit materials to the Site that contain the likeness of an identifiable individual who is under the age of 18, we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such materials submitted to the Site.
- Prohibited Content. As a user of this Site, you agree not to post or submit information, promotional materials, and other materials to the Site that are prohibited by us including, but not limited to those materials prohibited by this Agreement or listed in our Prohibited Content Policy. [INSERT HYPERLINK HERE] You understand and agree that the Company reserves the right, at its sole discretion, to determine whether any such material is prohibited by this Agreement.
- Unauthorized Use. Any unauthorized use of the Site including but not limited to unauthorized entry into the Company’s computer system(s), unauthorized access to information contained on the Site and the Company’s computer system(s), misuse of passwords, posting or submission of infringing materials, materials prohibited by our Prohibited Content Policy, or misuse of any information posted on the Site is strictly prohibited, will result in termination of any accounts established with us, and may subject you to civil and criminal penalties. [INSERT HYPERLINK HERE]
- Termination of your Account. The Company, at its sole discretion, reserves the right to terminate your access to the Site or any of its services if it determines that: (i) you do not comply with this Agreement; (ii) provide false, inaccurate, or incomplete information during our account registration process; (iii) engage in any conduct that would otherwise harm any of the Company’s rights or interests in its Site, services, or other property; or (iv) for any or no reason whatsoever without prior notice to you. Upon termination, you must cease the use of your Site account and destroy all materials obtained from the Site and any copies thereof, whether made under the terms of this Agreement or otherwise.
- Our Products.
- Generally. The Company makes no predictions, endorsements, warranties, or guarantees, express or implied, about the truthfulness, accuracy, or quality of any statements, representations, opinions, information, product information, medical information, well-being statements, nutritional statements, sales information, copyright information, photography-related information, and classified advertisements provided by, advertised by, or offered by our Company, any account holder, individual, company, service provider, or third party utilizing the Site or featured on the Site and assumes no liability related thereto.
- Limited License to use Company & Product Information Posted Site. The viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
- Enforcement. This Agreement constitutes the entire agreement between you and the Company, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, the Products, or services provided by or through the Site, and the subject matter of Agreement. If for some reason you believe we have not adhered to the principles of this Agreement, please contact our Webmaster and we will do our best to determine and correct the problem promptly.
- Electronic Communications & Signatures. When you visit our Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Limitations of Warranties and Remedies. The materials contained on this Site are provided “as is” and without warranties of any kind either express or implied. To the full extent allowed by law, the company disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose. The company neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale and use of the Products provided by the company. In no event will the company be liable for any incidental, consequential, punitive, or special damages, including, without limitation, lost profits or revenues, even if the company has, or should have had, any knowledge, actual or constructive, of the possibility of such damages.
- Choice of Law and Venue. This Agreement will be construed and governed in accordance with the laws of the state of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By entering into this Agreement, all parties irrevocably submit themselves to the exclusive venue and personal jurisdiction of the state and federal courts in Collin County, Texas with regard to any dispute relating to this Agreement or its enforcement. The parties hereby waive any challenge to venue and Jurisdiction they may have to a lawsuit filed in a state or federal court in Collin County, Texas, relating to a dispute between the parties relating to this Agreement or its enforcement.
- Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
- Additional Provisions Regarding Liability. You and the Company agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
- Notices. Any notices or communication sent by you to the Company pursuant to this Agreement will be in writing and sent to the address specified herein or such other address as the Company may specify in writing.
ProSupps USA LLC
ATTN: Legal Department
2140 Redbud Boulevard, Suite G
McKinney, Texas 75069
- Additional Information.
- Trademarks. The Company is the owner of the PROSUPPSTM and PROSUPPS.COMTM family of marks and logos included on this Site and is the owner of the trademarks, logos, slogans, and trade dress associated with our Products (collectively, the “Trademarks”). All product packaging, page headers, custom graphics, graphical user interfaces, webpage designs, blogging and chat rooms, and button icons are service marks, trademarks, and/or trade dress featured on this Site are also owned by the Company. All rights are reserved. The Company is not responsible for any use of third-party marks by users on the Site.
- Our Trademark Policy. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, a license or any right to use our Company’s Trademarks without the prior written consent of the Company. The Trademarks may not be used in any way including in any advertising, publicity, or distribution of any product or service without the prior written consent of the Company. The Company prohibits use of its name or any of its Trademarks as a “hot” link, keyword, Google AdWord, or meta tag on any non-Company Site, website or advertising unless such use is approved in advance by the Company in writing. If you have any questions about our Trademark policies, please contact our Webmaster.
- Copyrights. The Site contains copyrighted material and other proprietary information, including, without limitation, graphics, photography, promotional materials, and other materials. The contents of the Site are protected under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part without prior written permission. No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of the copyright owner(s). Other than a License under Section 3(a) of this Agreement, the Company does not gain any intellectual property rights in materials you post to the Site without agreement by you.
- Ownership Disputes. The Company does not resolve intellectual property disputes between members or third parties. The Company has submitted an application with the U.S. Copyright Office to designate a “copyright agent” as required by the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”) and is currently seeking approval of the same. If you believe your work has been copied and posted on the Company’s Site in a way that constitutes copyright infringement, please send the Company’s designated agent for notification of claims of infringement (the “Copyright Agent”) a notice properly describing the infringement as required by Paragraph 8(e) of this Agreement to:All notices to the Company must be sent via certified mail to:ProSupps USA LLCATTN: Copyright Agent2140 Redbud Boulevard, Suite GMcKinney, Texas 75069
- Notice of Infringement Claims. The Company intends to strictly follow the requirements of the DMCA. Any notice of infringement must include a notification of the claimed infringement and the following: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing URL(s) of the claimed infringing material may be sufficient to satisfy this requirement); (iii) your contact information including your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the information included in the Infringement Claim is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature. If we remove your content based upon a notice alleging infringement of someone else’s copyright, we will notify you that your materials have been removed and provide you with an opportunity to provide us a counter-notice.The counter-notice must contain: (i) your name, address, phone number and physical or electronic signature; (ii) identification of your material and its location on the Site before removal; (iii) a statement under penalty of perjury that the material was removed by mistake or due to misidentification; and (iv) your express consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. We will then promptly notify the claiming party of the your objection. If the claiming party does not bring a lawsuit in Federal district court within 14 days, we will restore your material to its location on the Site.
- Attorney’s Fees. You agree that the Company is entitled to its reasonable and necessary attorney’s fees if it is a prevailing party in litigation against you relating to this Agreement or your use of the Site.
- Representations and Warranties. You represent and warrant that: (1) you own the content posted by you on, through, or in connection with the Site, and (2) the posting of your content on, through, or in connection with the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of the content posted by you on or through the Site.By using the Site, you represent that you are not an attorney or an agent of an attorney conducting an investigation of a potential claim related to the Site, any materials available through the Site, or The Company. You also represent that you are not engaging in activities in an attempt to reverse engineer the Site, portions of the Site, or any materials available through the Site.
- Suggestions and Idea Submissions. The Company or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to the Company or any of its employees. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, you agree that: (1) your submissions and their contents will automatically become the property of the Company, without any compensation to you; (2) the Company may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for the Company to review the submission; and (4) there is no obligation to keep any submissions confidential.
- Contact Us. If you have any questions or suggestions regarding this Agreement, please contact our Webmaster.