INTRODUCTION
This site is operated by Proheart AI. Throughout the site,
the terms “we”, “us” and “our” refer to Proheart AI. Proheart AI offers this site,
including all information, tools and services available from this site to you,
the user, conditioned upon your acceptance of all terms, conditions, policies
and notices stated here.
By visiting our site and/or purchasing something from us,
you engage in our “Service” and agree to be bound by the following terms and
conditions (“Terms of Service”, “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink. These
Terms of Service apply to all users of the site, including without limitation
users who are browsers, vendors, customers, merchants, and/or contributors of
content.
Please read these Terms of Service carefully before
accessing or using our site. By accessing or using any part of the site, you
agree to be bound by these Terms of Service. If you do not agree to all the
terms and conditions of this agreement, then you may not access the site or use
any services. If these Terms of Service are considered an offer, acceptance is
expressly limited to these Terms of Service.
Any new features or tools which are added to the current
store or funnel shall also be subject to the Terms of Service. You can review
the most current version of the Terms of Service at any time on this page. We
reserve the right to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our site. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the site following the posting of any changes constitutes
acceptance of those changes.
SECTION 1 - SITE & SERVICE TERMS
By agreeing to these Terms of Service, you represent that
you are at least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of residence and you
have given us your consent to allow any of your minor dependents to use this
site.
You may not use our products or services for any illegal or
unauthorized purpose nor may you, in the use of the Service, violate any laws
in your jurisdiction (including but not limited to copyright laws). You must
not transmit any worms or viruses or any code of a destructive nature. A breach
or violation of any of these Terms will result in an immediate termination of
your Services and access to this site.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any
reason at any time.
You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information is
always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or access to the
Service or any contact on the site through which the service is provided,
without express written permission by us.
The headings used in this agreement are included for
convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available on this
site is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more accurate,
more complete or more timely sources of information. Any reliance on the
material on this site is at your own risk.
This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site at any
time, but we have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change
without notice. We reserve the right at any time to modify or discontinue the
Service (or any part or content thereof) without notice at any time. We shall
not be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of any Services or Products.
SECTION 5 - PRODUCTS AND SERVICES (if applicable)
Certain Products or Services may be available exclusively
online through the site. These Products or Services may have limited quantities
and are subject to return or exchange only according to our Refund Policy.
We reserve the right, but are not obligated, to limit the
sales of our Products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case basis. We reserve
the right to limit the quantities of any Products or Services that we offer.
All descriptions of products/services and pricing are subject to change at
anytime without notice, at our sole discretion. We reserve the right to
discontinue any Product or Service at any time. Any offer for any Product or Service
made on this site is void where prohibited.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per
person, per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by contacting
the email and/or billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate
purchase and account information for all purchases made through our funnel or at
our store. You agree to promptly update your account and other information,
including your email address and credit card numbers and expiration dates, so
that we can complete your transactions and contact you as needed. For more
detail, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over
which we neither monitor nor have any control nor input. You acknowledge and
agree that we provide access to such tools ”as is” and “as available” without any
warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to
your use of optional third-party tools.
Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s).
We may also, in the future, offer new services and/or
features through the site (including, the release of new tools and resources).
Such new features and/or services shall also be subject to these Terms &
Conditions.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available through our
Service may include materials from third-parties. Third-party links on this
site may direct you to third-party sites that are not affiliated with us. We
are not responsible for examining or evaluating the content or accuracy and we
do not warrant and will not have any liability or responsibility for any
third-party materials or sites, or for any other materials, products, or
services of third-parties.
We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party sites. Please review
carefully the third-party's policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions
(for example feedback) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email, by
postal mail, or otherwise (collectively, 'comments'), you agree that we may, at
any time, without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any comments that you forward to us. We are and
shall be under no obligation (1) to maintain any comments in confidence; (2) to
pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene, or otherwise
objectionable or violates any party’s intellectual property or these Terms of
Service.
You agree that your comments will not violate any right of
any third-party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way affect the operation
of the Service or any related site. You may not use a false e‑mail
address, pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the site,
funnel or store is governed by our Privacy Policy. Please review our Privacy
Policy in the Menu selection for further details.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Service or on any related site is
inaccurate at any time without prior notice (including after you have submitted
your order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related site, including without
limitation, pricing information, except as required by law. No specified update
or refresh date applied in the Service or on any related site, should be taken
to indicate that all information in the Service or on any related site has been
modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms
& Conditions, you are prohibited from using the site or its content: (a)
for any unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of
others; (e) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related site, other sites,
or the Internet; (h) to collect or track the personal information of others;
(i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features
of the Service or any related site, other sites, or the Internet. We reserve
the right to terminate your use of the Service or any related site for
violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that your use of
our service will be uninterrupted, timely, secure or error-free. We do not
warrant that the results that may be obtained from the use of the service will
be accurate or reliable.
You agree that from time to time we may remove the service
for indefinite periods of time or cancel the service at any time, without
notice to you. You expressly agree that your use of, or inability to use, the
service is at your sole risk. The service and all products and services
delivered to you through the service are (except as expressly stated by us)
provided 'as is' and 'as available' for your use, without any representation,
warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Proheart AI, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, service
providers or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based in contract,
tort (including negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the service, or for
any other claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content, or any
loss or damage of any kind incurred as a result of the use of the service or
any content (or product) posted, transmitted, or otherwise made available via
the Service, even if advised of their possibility. 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 maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Proheart AI
and our parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach
of these Terms & Conditions or the documents they incorporate by reference,
or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event, that any provision of these Terms &
Conditions is determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted by applicable
law, and the unenforceable portion shall be deemed to be severed from these
Terms & Conditions, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred
prior to the termination date shall survive the termination of this agreement
for all purposes. These Terms & Conditions are effective unless and until
terminated by either you or us. You may terminate these Terms & Conditions
at any time by notifying us that you no longer wish to use our Services, or
when you cease using our site.
If in our sole judgment you fail, or we suspect that you
have failed, to comply with any term or provision of these Terms &
Conditions, we also may terminate this agreement at any time without notice and
you will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or any
part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms & Conditions shall not constitute a waiver of such
right or provision. These Terms & Conditions and any policies or operating
rules posted by us on this site or in respect to The Service constitutes the
entire agreement and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us (including,
but not limited to, any prior versions of the Terms & Conditions).
Any ambiguities in the interpretation of these Terms &
Conditions shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms & Conditions and any separate agreements
whereby we provide you Products or Services, shall be governed by and construed
in accordance with the laws of the State of California, United States.
SECTION 19 - CHANGES TO TERMS & CONDITIONS
You can review the most current version of the Terms &
Conditions at any time at this page. We reserve the right, at our sole
discretion, to update, change or replace any part of these Terms &
Conditions by posting updates and changes to our site. It is your
responsibility to check our site periodically for changes. Your continued use
of or access to our site or the Service following the posting of any changes to
these Terms & Conditions constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms & Conditions should be sent to
us at: [email protected]
This document was last updated on January 22, 2025.