Effective Date: July 29, 2022
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, 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
The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without 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 the these trademarks, nor may anything be construed to mean that ProVEDA® has 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
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.
We may allow you to use a gift card (“Gift Card”) for certain transactions on the Site. The following applies to 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 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 the replacement of 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 to 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 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 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 ProVEDA® the right to use your IG Content as set forth in these terms and such use by ProVEDA® 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.
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 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 arise 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:
- 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/.
- 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.
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 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 of each period, Your Auto-Delivery will automatically renew under the exact same conditions unless you cancel it, or the Company cancels it.
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 cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at 1-866-981-5578 or emailing support@BuyProVEDA.com.
You may cancel your Auto-Delivery renewal either through contacting customer service at 866-981-5578 or by emailing Support@BuyProVEDA.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.
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
Hours of Operation: Monday – Friday 8 am to 9 pm EST or Saturday 10:30 am to 6:30 pm EST
Products that are damaged or not in the same condition as You received them, or which 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 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.
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.
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 acknowledgement 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.
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.
These Terms constitute the entire and exclusive agreement between you and ProVEDA® regarding the Site and its use, and supersedes all other agreements, understandings and communications, if any, whether oral or written.
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. Residents of Louisiana: you must be 21 years of age, if you are younger, please exit now and do not use this Site.
495 Grand Blvd
Miramar Beach Florida 32550