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PrōVEDA MAX PAIN RELIEF CREAM

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PrōVEDA MAX PAIN RELIEF CREAM

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PrōVEDA fills the global demand for alternatives to traditional pharmaceuticals by using only plant-based ingredients to address a wide range of therapeutic needs. This demand results from a growing awareness of the adverse side effects of traditional pharmaceuticals.

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© 2024 ProVEDA. All Rights Reserved.

495 Grand Blvd. Suite 206, Miramar Beach, FL 32550 (855) 776-8332 info@proveda.com

Privacy Policy

ProVEDA Corporation Privacy Policy
Effective Date: July 29, 2022

Introduction
The Web site https://proveda.com and any other website or application on which we have posted a link to this page (the “Site”) is owned and operated by ProVEDA Corporation or one of its affiliates (“ProVEDA,” “we,” “our,” or “us”). This Privacy Policy applies to our collection, storage, use and dissemination of information gathered from online visitors to our Site and other individuals whose data we may obtain as a result of the use of our Site. By visiting our Site, you agree that your visit and any dispute over our online privacy practices is governed by applicable law, this Privacy Policy, and our Terms and Conditions of Use (“Terms”), which can be found here: Terms of Use

This PrivacyPolicy applies to “Personally Identifiable Information,” or “PII,” that ProVEDA collects, stores, and uses in connection with your use of our Site. Personally Identifiable Information is information that can be used to identify you, such as your first and last name, e-mail address, mailing ‎and billing address, telephone number, and payment information‎. BY PROVIDING INFORMATION TO
PROVEDA VIA THIS SITE, YOU ARE DEEMED TO CONSENT TO THE COLLECTION,
STORAGE, USE AND DISSEMINATION OF SUCH INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

What Information Do We Collect?

We collect information, including PII, from you when you place an order, respond to a survey or communication such as e-mail, or participate in other Site features.

When ordering or communicating, we may ask you for your name, e-mail address, mailing address, phone number, credit card information, or other information.
We also collect information on the names and delivery addresses of giftrecipients so that we can fulfill gift purchases.
‎Like many Web sites, we use various tracking technologies (including “cookies”) to enhance your experience and gather information about visitors and visits to our Site. See below for more information about our automatic collection practices. This information is collected from you primarily by you providing it to us. For example, when you complete forms on our Site or elsewhere in order to place orders for our products and services, enter contests or promotions, or respond to surveys or marketing communications and in email or telephonecorrespondence with us. It is collected automatically in the case of information stored in “cookies,” for example, when you surf the Site or usecertain other Site features. We may also obtain information about you from other people, such as your name and delivery address, where they purchase products for you.

How Do We Use the Information Collected

We may use your information for the following purposes:

to personalize your Site experience and to allow us to deliver the type of content and product offerings in which you are most interested;
to develop and improve our products and services;
to allow us to better service you in responding to your customer service requests;
to process your transactions and provide you with products and services;
to administer a contest, promotion, survey, or other Site features;
‎to understand your needs or wishes;‎
for security and to check your identity;‎
for training and internal record keeping;‎
for making changes to our business, including its structure or organization, and informing you of those changes‎;
for administering surveys, loyalty programs, contests, and events;‎
to comply with our legal or regulatory obligations or with good practice in our industry;‎
for account management, quality control, Website and system administration and ‎security, disaster recovery, and fraud prevention;
to communicate with you for any of the above purposes;
for sending you emails and newsletters about new products, special offers, orother information which ‎we think you may find interesting (unless you have opted out); and
for contacting you for market research purposes by email, phone, or mail (unless ‎you have opted out).

How We Automatically Collect Information

In addition to the information that users of our Site provide voluntarily, ProVEDA may automatically collect certain information when you visit or use our Site. This information may include your IP address (or other unique device identifier, including one that we may assign); certain details about your browser, operating system, and hardware; your location, if available; the URL that referred you to our Site; your activities on our Site, including your preferences; and other logging information, such as the date and time of your visit. We may use a variety of tracking technologies to automatically collect information, such as cookies, web beacons, embedded scripts, browser fingerprinting, GPS,iBeacons,and ETags (or “entitytags”).

All web servers log certain technical information from visitors each time they request a page. We may aggregate such logged information anonymously to assist in designing enhanced user experiences and easier access to our information and services.

How we use Cookies

“Cookie” technology helps ProVEDA to simplify visitors’ interactions with our Site. A cookie is a very small amount of information that is placed on your computer's hard drive by your browser on our behalf. It is sent by your browser back to us when you return to our Site.

Cookies are used for various aspects of functionality, such as keeping track of the items in your shopping bag, learning more about how you arrived at our Site, and storing your preferences so you do not need to enter them each time you visit. See below for the types of cookies we use and thefunctionality they support.

Essential Cookies. These are cookies that our Site needs in order to function and if they are not accepted by you, parts of the Site will not be usable. An example of where these cookies are used includes storing how many items are in your shopping bag.

Third-Party Cookies. Aside from setting cookies ourselves, we may also allow carefully selected third parties to set cookies during your visit to our Site. These organizations provide us with information on how you use our Site. They may also use cookies to promote ournewest products and latest offers to you on other Websites based on your activity at our Site. For example, you may see products that you viewed at our Site presented on other Web sites as you move around the Internet. Some of our partners will use your location to provide more relevant messaging. Disabling these cookies will allow you to switch this feature off.

Analytics Cookies. We use various software tools that allow us to study and then improve how customers interact with our Site - this is known as Web site analytics. Examples of analytical tools that we use are Google Analytics and Adobe Analytics. Analytics cookies allow us to understand more about how many visitors we have to the Site, how many times they visit our Site and how many times a user viewed specific Web pages within our Site. Although analytics cookies allow us to gather specific information about the pages that you visit and whether you have visited our Site multiple times, we cannot use them to find out details such asyour name or address.

How Can I Manage My Cookies?

If you do not want to accept cookies from our Site, you can change your browser settings so that cookies are not accepted. If you choose to do this, please beaware our Site may no longer function as intended.

All popular Internet browsers (e.g., Chrome, Internet Explorer, Edge, and Safari) allow you to amend your cookie settings so that cookies are no longer enabled across all websites that you visit.

You may always choose not to receive a cookie by enabling your web browser torefuse cookies or to prompt you before your browser accepts a cookie. By refusing to accept a cookie,you may be asked to enter certain information each time you access certain areas of our Site. Inaddition, for marketing purposes, we may review specific paths that you or an aggregate of customers have traveled through our Site.

For any queries regarding your visit to our Site, please contact our customer service department at (855) 776-8332 or info@proveda.com.

Third-Party Sites & Services

Interactions with Other Web Sites and Services. Our Site may include features from third parties that allow you to interact with other online services, including social media. For example, we may use third parties to allow you to send messages or make postings on social media sites like Twitter and Instagram.
If you use these features, then we may share information about you with those third parties, and they may collect additional information. You should review the privacy policies for such third parties to understand how they collect and use information.

Links to Third-Party Sites. Our Site may include links to third-party Web sites or other online services. We are not responsible for these other Web sites and services, and they may collect and use information about you. You should reviewthe privacy policies for such third parties before using their sites or services to understand how they collect and use information.

Third-Party Tracking and Do Not Track

Third parties may use tracking technologies in connection with our Site, which may include collecting information about your online activities over time and across third-party websites. This Privacy Policy does not apply to these third-party technologies because we may not control them and are not responsible for them.

Do Not Track is a technology that enables users to opt out of tracking by Web sites they do not visit. Currently, we do not monitor or take any action with respect to Do Not Track technology

Additional ways your PII may be used and shared

As Required by Law or Similar Process. ProVEDA may disclose your PII, the contents of your communications with us, and/or other information you have provided to us if required to do so by law, with your consent, or in the good faith belief that such action is necessary: (1) to conform to applicable law or comply with legal process served on ProVEDA; (2) to protect or defend the rights or property of ProVEDA or others; (3) to assist, under exigent circumstances, in the investigation of possible violations of law or other investigations; and/or (4) to assist law enforcement in preventing harm to anyone.

Sale or rental or other transfer of your PII. We do not sell, trade, or otherwise transfer your PII to outside parties unless we provide you with advance notice, except as described herein. The term “outside parties” does not include ProVEDA or its affiliates.

We may transfer or disclose your PII to

Site hosting partners;
other parties, our service providers, sub-contractors, and agents, to assist us in operating our Site, conducting our business, or servicing you;
to applicable authorities, agencies and other bodies or person, when appropriate to comply with the law, enforce our Site policies, or protect ours or others' rights, property, or safety;
our affiliates, including our subsidiaries in other countries;‎
anyone to whom we may transfer any part of our business, rights, obligations or ‎assets or our shares;‎ and
credit reference agencies and fraud prevention agencies.‎

Non-personally identifiable information may, however, be provided to other parties for marketing, advertising, or other uses.

Use of Analytics Services. We may use third-party analytics services (such as Google Analytics or Adobe Analytics) that track details about your online activities ‎over time and across different Web sites. These services help us to improve our Site, products, and services. These services may also allow ‎us and others to provide you with targeted advertisements or other content that you may be interested in based on ‎your online activities. If you would like to learn more about targeted ads that maybe based on your online activities, ‎and the choices that you may exercise for certain sites andadvertisers, you may wish to visit the Network ‎Advertising Initiative or the Digital Advertising Alliance. Those websites can be found here: https://www.networkadvertising.org/ and here:https://digitaladvertisingalliance.org/ respectively. To opt out of being tracked by Google Analytics across all ‎Web sites, visit: https://tools.google.com/dlpage/gaoptout.

Using our Site for purchases. In order to make purchases on the Site, you will need to go through our checkout process and provide your payment information, such as your credit card or debit card number and expiration date. If you choose to make a payment online, you will be redirected to one of our PCI- compliant third-party payment processors, such as Authorize.net, Shopify, PayPal, or Afterpay. ProVEDA strives to ensure that all of its partners and affiliates maintain industry-standard privacy policies and practices. Please be aware, however, that ProVEDA does not directly collect or store any of your payment information, and it does not control the privacy policies and practices of its third-party payment processors. To understand how a third-party payment processor collects, processes, and stores your payment and other information, please review the privacy policy of our payment processors. For example, the Privacy Policy for Shopify can be found here: https://www.shopify.com/legal/privacy, the Privacy Policy for PayPal can be found here: https://www.paypal.com/us/webapps/mpp/ua/privacy-full, and the Privacy Policy for Afterpay can be found here: https://www.afterpay.com/privacy-policy.

Notice to non-U.S. Site users

If you are from a non-U.S. country, please be aware that the PII you submit, ‎including information provided through our Site, is being sent to a location in the ‎United States. The data protection laws in the United States are likely different from those of the ‎country in which you are located, and your personal information may be subject to access ‎requests from governments, courts, or law enforcement in the United States according to the laws of ‎the United States. By providing such PII through the Site, you are ‎consenting to (and represent that you have authority to consent to), the transfer of such ‎information to the United States for the uses and purposes described in this Privacy Policy. ‎Without limiting the above, for
the avoidance of doubt we do not have an establishment or target ‎‎people in the EEA or UK. ‎

How You Can Control the Use of Your PII

You may indicate certain preferred restrictions on our use of your PII, such as opting out of or unsubscribing from our marketing communications, newsletters, or e-mails by using the “unsubscribe” feature included in such messages or by contacting us by e-mail at info@proveda.com. In that e-mail, you should indicate which of the following options you prefer:

ProVEDA should not send me physical mail with newsletters or other information that may be of interest to me;
ProVEDA should not send me electronic mail with newsletters or other information may be of interest to me;
I understand that ProVEDA may send me any information about third-party or other products and services.

To request access to or notify us of changes to PII we have collected, contact us at info@proveda.com.

How Your PII is Secured and Protected

ProVEDA implements reasonable administrative, technical, and physical safeguards designed to protect your PII from accidental loss and from unauthorized access, use, alteration, or disclosure. Your PII is contained behind reasonably secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. Regardless of any such precautions taken in good faith by visitors or by us, security on the Internet is imperfect, and we cannot warrant the protection of any information visitors transmit to us, which visitors do voluntarily and at their own risk.

Linking to Other Sites

Our Site links to third-party websites. ProVEDA does not control those websites, and this Privacy Policy does not apply to them. Visitors should examine the privacy statements for allthird-party websites to understand their procedures for collecting, using, and disclosing visitors' information. While we have no responsibility or liability for the content or activitiesof these linked sites, we seek to protect the integrity of our Site and welcome any feedback about these linked sites (including if a specific link does not work).

About Children's Privacy

The Site is intended for adult audiences who are of or past the age of majority in their jurisdiction, and we do not knowingly seek or collect PII from children or individuals under the age of eighteen (18). In accordance with the Child Online Privacy Protection Act, in the event that we learn that we have collected PII from a child under age thirteen (13) without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any PII from or about a child, please contact us at info@proveda.com.

Your California Privacy Rights

We may from time to time elect to share certain information about ‎you collected by us on the Site with third-parties for those third-parties’ direct marketing purposes. California Civil Code Section 1798.83 permits California residents who have supplied personal ‎information, as defined in the statute, to us to, under certain circumstances, request and obtain ‎certain information regarding our disclosure, if any, of PII to third parties for their ‎direct marketing purposes. If this applies, you may obtain the categories of PII ‎shared and the names and addresses of all third parties that received PII for their‎direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2022 will ‎receive information about 2021 sharing activities) or to request to opt-out of such future sharing. ‎To make such a request, please provide sufficient information for us to determine if this applies to ‎you, attest to the fact that you are a California resident and provide a current California address for ‎our response. You may make this request in writing at: info@proveda.com.

If you are a California resident under the age of 18, and a user of any Site where this Privacy Policy is posted, California Business and Professions Code Section 22581 permits you to request and ‎obtain removal of content or information you have publicly posted. To make such a request, ‎please send an email with a detailed description of the specific content or information ‎to info@proveda.com. Please be aware that such a request does not ensure complete or ‎comprehensive removal of the content or 04182024v.1 information you have posted and that there may be ‎circumstances in which the law does not require or allow removal even if requested.‎

Sweepstakes, Contests and Promotions

We may offer sweepstakes, contests, and other ‎promotions (any, a “Promotion”) through the Site that may require registration. By ‎participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which are separate from this Privacy Policy and which ‎may contain specific requirements of you, including allowing the sponsor of the Promotion to use ‎your name, voice, and/or likeness in advertising or marketing associated with the Promotion. If ‎you choose to enter a Promotion, certain PII may be disclosed to third parties or the ‎public in connection with the administration of such Promotion, including in connection with ‎winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official ‎rules, such as on a winners list.

Changes to this Privacy Policy

ProVEDA reserves the right to modify or amend this Privacy Policy at any time and for any reason. If we make any significant changes to our information privacy practices, we will post notice of the change on our homepage for a reasonable period of time after any such significant change is implemented or e-mail you about these changes.

Questions

Questions about this Privacy Policy will be answered if submitted to us at info@proveda.com, (855) 776- 8332, or by using the mailing information below:

‎ProVEDA Corporation
495 Grand Blvd
Suite 206
Miramar Beach Florida 32550
Attn: ProVEDA.com

Terms of use

ProVEDA Corporation
TERMS OF USE
Effective Date: July 29, 2022

This Web site, https://ProVEDA.com is owned and operated by ProVEDA Corporation or one of its affiliates (“ProVEDA,” “we,” “our,” or “us”). These Terms of Use apply to any Web site or application (as well as any features, ‎widgets, ‎plug-ins, content, downloads, or other services) ‎that posts a link to this page (collectively, the “Site”). By accessing the Site, you (“you” or “your”) acknowledge and consent to: (i) these Terms of Use (“Terms”), (ii) our collection, use, and sharing of your information as described in our Privacy Policy, and (iii) any other legal notices, conditions or guidelines located within the Site. If you do not agree to these Terms, our Privacy Policy, or any other legal notices, conditions, or guidelines located within the Site, please exit our Site. If you have any questions regarding our policies or your use of our Site, please contact us by e-mail at info@ProVEDA.com or by mail to ProVEDA Corporation, 495 Grand Blvd, Suite 206 Miramar Beach, Fl 32550‎, Attn: ProVEDA.com

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. THEY APPLY TO ALL USERS OF THE SITE.

Provision of Services
You agree and acknowledge that ProVEDA is entitled to modify, improve, or discontinue any of its products or services at its discretion and without notice to you, even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that ProVEDA is entitled to provide services to you through subsidiaries, affiliated entities, or third party service providers.

Ownership of Site Content
Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital, printed, and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio materials, along with the layout and design of the Site
and all documentation, data, services, features, products and other content at the Site (collectively, “Site Content”) are protected by the copyright laws of the United States and other jurisdictions. All Site Content is owned by, or licensed to, ProVEDA. Site Content may not be reproduced, modified, redistributed, or otherwise used in any way without a written license with the applicable Site Content owner.

Use of Site Content
Subject to and conditioned on your continued compliance with these Terms and all other terms and conditions that ProVEDA may provide to you from time to time, ProVEDA grants you a personal, limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at this Site for your personal, non- commercial and educational use only. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

Reservation of Rights
All rights not expressly granted by ProVEDA herein are reserved. Nothing on the Site or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Site Content or other materials of any third party, or may be construed to mean that ProVEDA has the authority to grant any license on behalf of any third party.

ProVEDA® Trademarks

ProVEDA® trademarks, including the trademarks “ProVEDA,” the logo, all page headers, graphics, images, symbols, trade names, and other marks found at the Site are the proprietary property of ProVEDA® or its affiliates (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of ProVEDA™. YOU MAY NOT USE THE MARKS IN CONNECTION WITH ANY AUCTION WEBSITE OR ONLINE MARKETPLACE, INCLUDING EBAY, AMAZON, OR ANY OF THEIR AFFILIATES’ WEBSITES.

Third-Party Trademarks

Third-party trademarks may also appear on the Site from time to time; you may not use these trademarks without the prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of these trademarks, nor may anything be construed to mean that ProVEDA has the authority to grant any right or license on behalf of any third-party trademark owner.

Restrictions, Limitations, and Conditions of Use

Any unauthorized use of our Site or Site Content for any purpose is prohibited. Your rights to this Site are given on the condition that you use the Site in accordance with these Terms. You may not use the Site for any unlawful purpose, and you may not:

access, solicit, collect, or use any personally identifying information about any other users of the Site or anyone else;
restrict or inhibit others from using the Site;
transmit to or introduce at the Site any viruses, harmful software, or other modifications or changes to the Site or reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other services or processes accessible through any portion of the Site or Site Content (to the extent such restriction is permitted under applicable law);
submit, upload, email, or otherwise transmit any content or other materials to or through the Site that: a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others; or (c) has an advertising, political marketing, promotional or other commercial purpose; engage in any activities that interfere with another user’s access to the Site or the proper operation of the Site; or distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Site Content; or use content from our Site in a manner that suggests an unauthorized association with any of our or our licensor’s products, services, or brands.

ProVEDA has no obligation to monitor your interaction with the Site but reserves the right to review or monitor the Site and any user submissions, if permitted, in its sole discretion.

Links to Other Sites

In using the Site, you may find that ProVEDA provides hyperlinks to one or more third-party websites (the “Linked Sites”). These links are provided as a convenience for you and other users, but ProVEDA is not responsible for the content of, or links to and from, the Linked Sites. Your linking to these Linked Sites is at your own risk. We encourage you to read the terms and conditions and privacy policies of the respective Linked Sites should you choose to visit them since your use of those Linked Sites will be subject to their terms of use and privacy policies. A link from the Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices by ProVEDA.

Contest, Sweepstakes, and Other Promotions

From time to time, ProVEDA may conduct promotions on or through the Site, including, without ‎limitation, contests, rewards, sweepstakes, and other promotions (“Promotions”). Each Promotion may ‎have jurisdictional limitations, additional terms, and/or rules of participation (“Promotion Rules”), which will be posted on ‎the Site or otherwise made available to you. The Promotion Rules for each Promotion in which ‎you participate are deemed incorporated into and form a part of these Terms. It is your ‎responsibility to read the Promotion Rules to determine whether or not your participation, ‎registration, or entry will be valid or restricted and to determine your participation requirements.‎

Gift Cards

We may allow you to use a gift card (“Gift Card”) for certain transactions on the Site. The following applies to the use of Gift Cards on the Site.

Gift Cards may only be redeemed for purchases shipped within the United States.
Gift Cards cannot be purchased with another Gift Card.
Gift Cards are not eligible for returns.
Gift Cards and credits cannot be redeemed for cash except where required by law.
If the amount of the Gift Card does NOT cover the total order amount, the remainder of the purchase price can be made with a valid credit card.
If the amount of the Gift Card is for MORE than the total order amount, the balance will be stored within your Gift Card for your next purchase using the same Gift Card Code.
Gift Cards are non-transferable, non-refundable, and not redeemable for cash (except where required by state law). In the event a Gift Card code is non-functional, the purchaser’s sole remedy and our sole liability will be replacing such Gift Card.
We cannot replace lost or stolen Gift Cards.
Gift Cards expire after 5 years and have no fees except where required by law.
Sales tax is not charged on Gift Cards but is applied to an order when the Gift Card is used.
Gift Card terms and conditions are subject to change at our sole discretion. Any purchase of a Gift Card after such change shall constitute acceptance of these terms and conditions.
Gift Cards may not be used in connection with any marketing, advertising, or other promotional activities without our prior written approval. Use of our name, logo, or trademarks in connection with the purchase or use of a Gift Card is strictly prohibited.
If you have questions regarding the use of Gift Cards, please contact customer service at info@ProVEDA.com.

Instagram Content. The following terms apply when you allow ProVEDA to use photographs, videos, or other content that you post on Instagram (your "Insta Content"). ProVEDA is granted a worldwide, non-exclusive, perpetual right, but not the obligation, to reproduce, exhibit, and otherwise use your Insta Content on the Site;

to edit your Insta Content in connection with the foregoing. You represent and warrant that:
No person other than you appears or is mentioned in the Insta Content
You own the photograph or video or have all the rights to the Insta Content;
You actually used any products tagged, shown, or mentioned in the Insta Content.
All statements or testimonials in your Insta Content are true and accurate and represent your current opinion and/or experience;
You have not received any compensation or other benefit from ProVEDA or any third party in exchange for posting the Insta Content, using any ProVEDA product, or mentioning or tagging any product in your Insta Content; and
You have the right to grant Sephora the right to use your IG Content as set forth in these terms and such use by Sephora will not violate the rights of any third party.

Disclaimer, Limitation of Liability, and Indemnification

The materials, Site Content and services offered on the Site are provided “AS IS” and ‎without warranties or conditions of any kind. To the fullest extent permissible pursuant to applicable law, we ‎disclaim all warranties, conditions and other terms, express, implied, statutory or otherwise, including, but not limited to, implied warranties of ‎non-infringement, merchantability and fitness for a particular purpose. We do not warrant that ‎the use of the Site will be uninterrupted or error- free, that defects will be corrected, or that ‎the Site or the server(s) that make it available or any advertised or hyperlinked site are free ‎of viruses or other harmful components or that the Site, server(s), or advertised or ‎Linked Sites will be accessible at all times. We do not warrant or make
any representations, conditions or other terms ‎regarding the use of the Site or any information contained therein, including Site Content, ‎with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the ‎entire cost of all necessary servicing, repair or correction to any equipment you use to access ‎the Site. To the extent that applicable law may not allow the exclusion of implied warranties or conditions, ‎the above exclusions may not apply to you.‎ In the event that a court finds the above disclaimer of direct damages to be unenforceable, in no event will ProVEDA’s total aggregate liability for all damages, including without limitation all claims, losses, liabilities, costs, and expenses (including legal fees and expenses) to you related to the
Site or Site Content, or these Terms, exceed the lesser of (a) the direct damages suffered by you, and (b) $100.

Documents, information, graphics, and other materials appearing on the Site may include ‎technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎such documents, information, graphics or other materials is at your own risk.‎

You waive any and all claims and rights against us and our affiliates, parents, and successors ‎and each of our employees, assignees, officers, agents, and directors (the “ProVEDA Parties”) ‎resulting from injury or damage to, or destruction, theft, or loss of, any property or person, to ‎the maximum extent permitted by the applicable laws of your jurisdiction of residence. None of the ProVEDA Parties will be liable to you ‎under any cause of action for any direct, indirect, special, incidental, consequential, reliance or ‎punitive damages, including loss of profits or business interruption. You hereby agree to ‎indemnify the ProVEDA Parties from and against any and all claims, liabilities, and expenses ‎‎(including reasonable attorneys’ fees), resulting from your use of the Site or any breach of ‎these Terms by you.‎

If you are a consumer, the provisions in these Terms are ‎intended to be only as broad and inclusive ‎as is permitted by the laws of your ‎state or country of residence. Certain jurisdictions have ‎heightened consumer ‎protection laws that may make certain portions of these Terms ‎inapplicable ‎to you. For example, if you are a New Jersey consumer, certain ‎provisions do not limit or waive
your ‎rights as a consumer under New Jersey law. The provisions in these Terms are intended to be ‎only as broad ‎and inclusive as is permitted by the laws of your jurisdiction. No provision of ‎these Terms shall limit or waive your rights as a ‎consumer under the law of your state or country of residence. ‎In any event, ProVEDA reserves ‎all rights, defenses, and permissible limitations under the law of your ‎state or country of ‎residence.‎

Unauthorized Dealers and Resellers

ProVEDA’s products may sometimes be sold by dealers or resellers that are not authorized to do so. ProVEDA does not guarantee or warrant any of the products sold by unauthorized dealers or resellers. For example, dealers and resellers that sell ProVEDA products through online marketplaces, like Amazon.com or Ebay.com, are not affiliated with or authorized to do so by ProVEDA. If a dealer or reseller is claiming they are authorized by ProVEDA, please contact ProVEDA to confirm whether that dealer or reseller is authorized or not to sell products on behalf of ProVEDA. We urge you to make your purchase on our Site and otherwise to use caution when making a purchase from an unauthorized dealer or reseller.

Pricing Typographical Errors

In the event that a ProVEDA product is mistakenly listed at an incorrect price on our Site, ProVEDA reserves the right to refuse or cancel any order placed for any product listed at the incorrect price. ProVEDA reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled ProVEDA will issue a credit to your credit card account in the amount of the incorrect price.

Ability to Accept Terms

You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms. The Site is not intended for children under the age of eighteen (18). If you are under 18 years of age, then please exit now and do not use this Site.

Geographic Limitations

ProVEDA controls and operates the Site in the United States. If you use our Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and services that are available only in certain jurisdictions (or only parts of them). We reserve the right to limit the availability of our Site and/or the provision of any Site Content, program, product, service, or other feature described or available on our Site to any person, entity, geographic area,
or jurisdiction at any time and in our sole discretion, and to limit the quantities of any Site Content, program, product, service, or other feature that we provide. Further information on your rights regarding personal information collected on the Site is set forth in our Privacy Policy.

Choice of Law and Forum

These Terms will be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law. Subject to the dispute resolution and arbitration provisions set forth below, you hereby consent and submit to the person jurisdiction of the state courts located in Miramar Beach, Florida and the federal courts located in Miramar Beach, Florida. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of ProVEDA to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision or a continuing waiver of the same provision in the future.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER THE CONSUMER PROTECTION LAWS OF YOUR STATE OR JURISDICTION OF RESIDENCE.

Dispute Resolution; Information Resolution and Formal Resolution by Arbitration / Class Action Waiver

In order to expedite and control the cost of disputes, you and ProVEDA agree that any legal or equitable claim relating to the use of this Site or the purchase of any ProVEDA product from this Site (referred to as a “Claim”) will be resolved as follows:

Informal Resolution:

You and ProVEDA will first attempt to resolve any Claim informally. In the event that any dispute between ProVEDA and you arises out of or relates to (i) these Terms, (ii) the Site, or (iii) the purchase of any products from this Site, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to info@ProVEDA.com

Formal Resolution by Arbitration / Class Action Waiver.

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms, Your use of the Site, or the purchase of any products from this Site, or the determination of the scope or applicability of arbitration shall be governed as set forth below.

If you and ProVEDA cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration (“Arbitration”). By agreeing to Arbitration, both you and ProVEDA understand and agree that all processes, such as a court action or administrative proceeding, to settle disputes shall be decided by a single arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and ProVEDA each agree to settle disputes (except certain small claims as set forth below) only by Arbitration.

ARBITRATION MEANS THAT YOU WAVE YOUR RIGHT TO A JURY TRIAL.

The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in these Terms as a court would. The Arbitration will be conduction under the American Arbitration Association Consumer
Arbitration Rules‎ (referred to as the “AAA Rules”) and under the rules set forth in these Terms. If there is a conflict between AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the
law of the governing jurisdiction. If you decide to initiate Arbitration, ProVEDA agrees to pay the Arbitration initiation fee and any additional required deposit required by AAA to initiate your Arbitration. You and ProVEDA agree to pay the costs of the Arbitration proceedings provided however that if you are a consumer, you shall not be required to pay more than $250.00 of the fees or such amount as the AAA Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration,will be paid in accordance with AAA Rules. The arbitration will be held at a location in your hometown area, if possible, unless you and ProVEDA both agree to another location or telephonic Arbitration. To initiate Arbitration, you or ProVEDA must do the following things:

1. Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can file a Demand for Arbitration at https://www.adr.org/ .
2. Send one copy of the Demand for Arbitration to the other party. Special rules in the Arbitration Proceeding.

Except for errors of law, the arbitrator’s decision is final and binding on all parties and may be enforced in any court that has jurisdiction.
Neither you nor ProVEDA shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity.

THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.

Accordingly, you and ProVEDA agree that the AAA Class Action Rules do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms, you may assert an individual Claim in small claims court in lieu of Arbitration.

Limited Time to File Claims

You agree that you will assert any Claim arising out of your use of any ProVEDA Site or the purchase of any ProVEDA product from this Site within one (1) year after the Claim arises, or such claim will be barred.

Severability and Enforceability

If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and
shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.

Pricing; Billing

ProVEDA reserves the right to revise its prices at any time prior to accepting an order. The prices quoted may be revised by ProVEDA subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher
foreign exchange costs, and any other matter beyond the control of ProVEDA. In that event, you will have the right to cancel your order.

ProVEDA will provide you with reasonable prior notice of any change in auto-delivery fees to give You an opportunity to terminate your auto-delivery before such change becomes effective.

Your continued use of the Site or purchase of any product after the price change comes into effect constitutes your agreement to pay the modified price amount.

You shall provide ProVEDA with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information in accordance with our Privacy Policy.

Auto-Delivery

Auto-Delivery Period

You will be billed in advance on a recurring and periodic basis (such as weekly, monthly, or annually), depending on the type of auto-delivery plan you select when first purchasing the product. At the end ofeach period, Your Auto-Delivery will automatically renew under the exact same conditions unless you cancel it or the Company cancels it.

Auto-Delivery Terms
If you are placing an order online or by telephone as part of our Auto-Delivery with automatic renewal program, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.

IF YOU RECEIVE AUTO-DELIVERY AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE.

You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must
promptly notify us if your credit card information is canceled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at the telephone numbers listed on the Website under Customer Service or by calling 855-776-8332. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is canceled or is no longer valid (for example, loss or theft). Changes to such information can be made by calling a customer service representative at 1-855-776-8332 or emailing info@ProVEDA.com.

Auto-Delivery Cancellations
You may cancel your Auto-Delivery renewal either through contacting customer service at 855-776-8332 or by emailing info@ProVEDA.com. You will not receive a refund for the fees You already paid for Your previous Auto-Delivery orders. You will be notified of Your next shipment’s ship date via an email 5 days prior to shipment of each Auto-Delivery period. Cancellation or other change requests to the upcoming Auto-Delivery shipment must be received by Customer Service at least 3 days before the planned ship date.

Return Policy
ProVEDA offers a 30-day money-back guarantee (minus shipping and handling and the cost of return). If not completely satisfied with your purchase, just return the products within 30 days of receipt. Customers returning the product will be responsible for return shipping.

Order Cancellation by ProVEDA

We reserve the right to refuse or cancel any order at any time for reason, including but not limited to:

Product availability
Errors in the description or prices for the product
Errors in your order

We reserve the right to refuse or cancel your order if we suspect fraud or an unauthorized or illegal transaction.

Your Order Cancellation Rights

Any products you purchase can only be returned in accordance with these Terms and our Returns Policy.

Our Returns Policy forms a part of these Terms. Please read our Returns Policy to learn more about your right to cancel your order.

Your right to cancel an order only applies to products that are returned in the same condition as you received them. You should also include all of the product’s instructions, documents, and wrappings.

Members of ProVEDA’s Auto-Delivery can cancel future shipments, adjust their delivery frequency, or change to a monthly payment plan at any time simply by contacting customer service.

ProVEDA Customer Care
Call: 1-855-776-8332
Email: info@ProVEDA.com
Hours of Operation: Monday – Friday, 8 am to 6 pm EST.

Products that are damaged or not in the same condition as when you received them or that are worn simply beyond opening the original packaging will not be refunded. You should, therefore, take reasonable care of the purchased products while they are in your possession.

A refund will be issued within 3-5 business days of the day on which we receive the returned item (s). ProVEDA will not be responsible for the loss or damage of return shipments. A credit will be issued to your original method of payment for the full purchase price of your order excluding shipping and handling.

Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Site for any reason or for no reason whatsoever, including improper use of the Site or failure to comply with these Terms, and to take any other action we deem appropriate.

Provisions relating to Copyrights, Trademarks, Disclaimers, Limitations of Liability, Indemnification, Waiver, Modifications, Assignment of Rights, Choice of Law, Jurisdiction, Forum, Dispute Resolution, and Limitations on Time to File Claims shall survive any termination.

User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to ProVEDA through the Site or any of our social media platforms are not confidential, and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. ProVEDA shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without any acknowledgment of or compensation to you.

Changes to Terms

We may revise these Terms at any time, with or without notice, by updating this page or notifying you of the changes, and such revisions will be effective upon posting to this page. Please check these Terms periodically for any changes. Your continued use of the Site following the posting of any revisions to these Terms will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Site, including your access to it. Unless explicitly stated, any new features will be subject to these Terms.

General

ProVEDA’s failure to insist upon or enforce strict performance of any provision of these Terms 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.

We may assign, novate, or subcontract any or all of our rights and obligations under these Terms at any time.

If you have any questions or comments on the Site or become aware of misuse of the Site by any person, please contact us at info@proveda.com

Entire Agreement
These Terms constitute the entire and exclusive agreement between you and ProVEDA regarding the Site and its use and supersede all other agreements, understandings, and communications, if any, whether oral or written.

Contact Us
If you have any questions regarding these Terms of Use for our Site, please contact us by e-mail at info@proveda.com, call 855-776-8332, or by using the mailing information below:

‎ProVEDA Corporation
495 Grand Blvd
Suite 206
Miramar Beach Florida 32550
Attn: ProVEDA.com

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