You must agree to the terms and conditions and definition of terms below before you are authorized to purchase products from proplusmedical.com. By purchasing from the website(s) you verify and agree to the following:
1. I am an adult, being at least 18 years of age.
2. I have read the terms and conditions and definition of terms and agree to them before finalizing my purchase.
3. I will not duplicate, utilize, or transfer in any media or format any of the content contained herein without the express written consent of Pro Enterprises Inc. doing business as (DBA) Pro Plus Medical, Avid Pro Medical including but not limited to videos, photographs, advertising copy, registered trademarks, copyrights, design elements, graphics and any other intellectual properties that are the exclusive property of Pro Enterprises Inc.
4. I will hold Pro Enterprises Inc. its officers and employees, harmless from and against any claims, liability, losses, costs, damages, or expenses (including attorney's fees) arising from my use of any Pro Enterprises Inc. product or utilization of this website and the information contained therein.
5. Limitation of Liability
IN NO EVENT SHALL PRO ENTERPRISES INC. ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF PRO ENTERPRISES INC.
HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION AN INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO PRO ENTERPRISES INC. SERVICE, THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF PRO ENTERPRISES INC.
OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
6. Release, Waiver and Covenant Not to Sue
To the fullest extent allowed by law, you hereby release and discharge Pro Enterprises Inc. its affiliates, officers, directors, shareholders, employees, business partners, customers and any other authorized agent or representative of Pro Enterprises Inc. from any and all liability associated with your use of the Site. This release shall apply to any and all claims, whether known or unknown, held by you.
7. With respect to the releases contained herein, the parties agree that this release fully and finally releases and forever resolves the actions and liabilities released herein, and each party hereby waive all benefits under Section 1542 of the California Civil Code, as well as under any other statutes or common law principles of similar effect. Each party acknowledges having read and understood Section 1542, which states as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You hereby also agree and covenant not to sue, and expressly waives any and all claims against Pro Enterprises Inc. for any claim that is released hereunder or for an amount in excess of the limitation of liability provided in this Agreement.
Individual results may vary. Statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. Offers not valid where prohibited by law. All Rights Reserved.
DEFINITION OF TERMS
MALE ENHANCEMENT – Refers to the support and/or promotion of improved erectile strength and/or overall sexual experience for men.
MALE PERFORMANCE – Refers to erectile strength, endurance, and confidence level.
Any reference to an INCREASE IN PENIS SIZE or ERECTILE GROWTH whether implied or otherwise, associated with or without the words GROWTH, ENLARGEMENT, ENLARGE, LONGER, THICKER, BIGGER, HARDER, FIRMER all explicitly refer to, are descriptive of and/or are synonymous with the biological occurrence in men commonly known as an erection. For the majority of men an erection (engorged penis) may temporarily increase the length, thickness and hardness of the penis when the same penis is compared in its normally flaccid state. No reference contained on this website, advertisements, promotional copy or elsewhere is meant to imply or suggest any of the products for sale on this site claims to permanently increase ones penis size or cause any literal permanent growth of any kind. Any reference to LIFETIME whether implied or otherwise, applies to the product from the time it is first used and continuous daily use.
Any reference to the product being GUARANTEED including but not limited to such terms as GUARANTEED EFFECTIVE, GUARANTEED TO WORK, TRY IT RISK FREE all refer explicitly to the company’s "MONEY BACK GUARANTEE". If for any reason the product does not work for a particular individual or if the person is unsatisfied for any reason whatsoever, the company guarantees to refund the purchase price of the product as long as the customer makes such request in writing within 60 days after receiving the product. The company in no way implies or warrants that any of the products contained on this site will work for every person as individual results may vary.
Pro Enterprises Inc. will provide you with access to the Site for the purpose of learning about Pro Enterprises Inc. and its products. By providing this access, Pro Enterprises Inc. is acting as an online information provider only. No identifying information about any person under the age of 18 should be included in any submission or e-mail to the Site.
This is a Contract
Permitted Use/Proprietary Rights
All information and Content available on the Site, including all Content provided by the Content Providers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights or laws, unless otherwise specified. You may not, without Pro Enterprises Inc. or the appropriate Content Provider's permission, download, copy, modify, display, or prepare derivative works based upon the Content on the Site. All rights not expressly granted herein are reserved.
Any reproduction, except for your personal non-commercial use, or republication, distribution, assignment, sublicense, sale or creation of derivative works, of all or any portion of the Content viewed or accessed from the Site without the express written permission of Pro Enterprises Inc. or the Content Providers is expressly prohibited. You may not copy, post, or upload any of Pro Enterprises Inc. Content to an Internet website, any public or private bulletin board system, or any other electronic network or Internet service, nor may you post any links between Site, and or any Content thereon, to any other website or location.
You understand and agree that the information and Content available on the Site may contain valuable proprietary rights and that any unauthorized, unlicensed, or prohibited disclosure, distribution, copying, or use of any kind of this information and Content ("Unauthorized Use") could result in substantial and irreparable harm to Pro Enterprises Inc. and/or the respective Content Providers. Any Unauthorized Use by you shall be deemed an infringement of the rights of Pro Enterprises Inc. or the respective Content Provider therein and shall constitute damage to the reputation and goodwill of Pro Enterprises Inc.
You agree to bear full responsibility for the consequences of any Unauthorized Use by you or anyone acting on your behalf, including without limitation, termination of your Pro Enterprises Inc. account, civil liability, and criminal prosecution. Notwithstanding any other remedies, you agree that Pro Enterprises Inc. or the appropriate Content Provider, shall be entitled as a matter of right, and without notice, to equitable relief by way of injunction or otherwise, in the event of any Unauthorized Use by you.
You acknowledge Pro Enterprises Inc. proprietary rights, including any and all copyrights and trademarks, in the Pro Enterprises Inc. name and the Site. Pro Enterprises Inc. site includes the structure, sequence, organization, and look and feel of the Site, the database, listing, and transaction systems, and or the Content, where applicable, as well as the selection, arrangement and display of facts within Content, and in subjective or discretionary information (if any) needed by Pro Enterprises Inc.to any Content. You agree not to violate the applicable copyrights or trademarks, if any, protecting the Pro Enterprises Inc.site. You will indemnify Pro Enterprises Inc. for any and all costs and expenses (including attorneys' fees) associated with any legal action brought by or against you with respect to the Pro Enterprises Inc. site.
Pro Enterprises Inc. maintains a strict anti-spam policy. No client at any time may send unsolicited e-mail as a way of promoting any Pro Enterprises Inc. product or website. Anyone found to use non opt-in e-mail to promote an Pro Enterprises Inc. property will have their account immediately disabled. This includes e-mail spamming, newsgroups, and IRC. If you violate this term of your agreement you will be terminated from the program and will not be paid. Spam complaints will be reported to the FBI.
RESOLUTION OF DISPUTES
Consumer acknowledges that he/she has read and agrees to the following condition(s) to resolve any potential disputes between Consumer and Pro Enterprises Inc. prior to the purchasing of any product(s) promoted on this web site, whether purchased directly through this web site or through any other media, advertising, promotional material, or retail outlet. If Consumer is unsatisfied for any reason with the purchase of any product(s) contained herein, he/she may request a full refund of the purchase price in writing to Pro Enterprises Inc. address within 60 days after receipt of product(s) or if this is not acceptable, Consumer agrees to resolve all disputes in regard to the Terms of Service (TOS) with Pro Enterprises Inc. including but not limited to the purchase, use, and efficacy of product(s) , as follows:
1. Arbitration. All disputes arising out of or relating to these TOS (including its formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in Los Angeles, California before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in Los Angeles, California to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
2. WAIVER OF CLASS ACTION RIGHTS. BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.
3. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Unauthorized Access of the Site
Unauthorized access of the Site, including by entering or monitoring the Site on any level other than through the Registration/Home Page, is expressly prohibited.
Linking and Framing Prohibited
You will not establish a link between any other website and this Site (or any Content on Site), or permit anyone else to establish such a link, either to the home page or to any other page herein. You will not frame any page or portion of this Site. The creation and/or the facilitation of the creation of links and/or frames to this Site and/or any Content is expressly prohibited and will be grounds for termination of your account.
Links to Third Party Websites
To facilitate your ability to obtain Content, Pro Enterprises Inc. may provide links on its Site to Content Providers, as well as other third parties. Through these links you are permitted to leave the Site. Pro Enterprises Inc. has no control over these linked websites and Pro Enterprises Inc.is not responsible in any way for the operation, content, practices, or legality of those websites. Pro Enterprises Inc. is providing these links solely for the convenience of its Clients. You hereby waive any claim you might have against Pro Enterprises Inc. with respect to these websites.
Disclaimer of Warranties
Pro Enterprises Inc. does not warrant or make any representations regarding the operation of the Site, the use, validity, or the results of the use of the materials or Content on this Site, the products or services obtained through this Site or any other websites linked to this Site, or any transactions entered into through this Site. You use any and all Content at your own risk. Pro Enterprises Inc. is not responsible for any errors or omissions or for the results obtained from the use of any information, provided on this Site.
While it makes every effort to make sure its Site is always available to you, Pro Enterprises Inc. does not guarantee that the Site, software, materials or products will be uninterrupted, timely, secure, or free of errors, or that any defects in the Site, software, materials or products will be corrected.
While it takes reasonable steps to prevent such problems, Pro Enterprises Inc. cannot guarantee or warrant that the Content, files, or information available on or for downloading from this Site will be free from infection, viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties. You understand and agree that any Content, files, or information downloaded or otherwise obtained through the use of this Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such Content, files, or information. Pro Enterprises Inc. assumes no responsibility for the deletion of or failure to hold or store e-mail messages.
THE SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Pro Enterprises Inc. MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Check your state law.
Pro Enterprises Inc. may terminate this Agreement, with or without cause, at any time, without notice, and without penalty. The following provisions shall survive any termination of this Agreement: Permitted Use/Proprietary Rights; Unauthorized Access of Site; Linking and Framing Prohibited; Disclaimer of Warranties; Limitation of Liability; Release, Waiver and Covenant Not to Sue; Indemnity; and, Governing Law and Jurisdiction.
Governing Law and Jurisdiction