Terms of Use

Welcome to www.promaxo.com. Promaxo, Inc. Incorporated and its affiliates (collectively, “Promaxo”) provide information, material and features to you (“you” or “your”) on www.Promaxo.com as well as other websites, portals and social media sites that Promaxo operates (collectively, the “Sites”). Your use of each such Site is subject to these terms and conditions (the “Terms of Use” or “Agreement”). By using any such Site, you agree to all of the Terms of Use. Please read them carefully. If you do not wish to agree to the Terms of Use, please refrain from using the Site.

Your use of some Sites may be subject to additional terms and conditions. Promaxo will make you aware of those additional terms and conditions when you use any such Site, and you must agree to such additional terms and conditions before you can use that Site. If there are additional terms applicable to a Site, then those additional terms will not be applicable to any other Site. If you breach any such additional terms, your access and use of the applicable Site will be terminated, but not your access or use of any other Site for which you continue to comply with the applicable terms.

Additionally, a Site may allow you to purchase products from Promaxo; in those cases, your use of that Site and the transactions conducted through that Site may be further governed by a customer agreement that you have with Promaxo (a “Master Customer Agreement”) as well as terms and conditions of sale and refund policies that will be provided to you by Promaxo. The Master Customer Agreement and such other terms and conditions and policies will govern solely with respect to the purchase of the products; these Terms of Use and any additional terms applicable to a given Site will govern your use of that Site.

You should not construe anything on a Site as medical advice. Information provided through the Site is not intended to replace consultation with a qualified medical professional. Promaxo cannot answer specific medical questions in your e-mail requests or social media posts. You should consult a medical professional for diagnosis and treatment. Promaxo does not practice medicine or provide medical services or advice and the information on any Site should not be considered medical advice. Do not consult a Site in a medical emergency.

PRIVACY

Please review our Privacy Policy , which is incorporated as part of this Agreement and governs your visit to a Site, to understand our privacy practices.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of a Site. You must be at least 18 years old to use any Site.

ELECTRONIC COMMUNICATIONS

When you visit a Site or send e-mails to us, you are communicating with Promaxo electronically. By doing so, you consent to receive communications from Promaxo electronically. We will communicate with you by e-mail or by posting notices on the applicable Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Some Sites may require you to establish an account with a user ID or password (collectively, “User Credentials”). You may only use the User Credentials for the Site for which they were issued. You are responsible for maintaining the confidentiality of your User Credentials, and you are responsible for all activities that occur using your User Credentials. You agree not to share your User Credentials with unauthorized users, let unauthorized users access or use your User Credentials or take any other action that might jeopardize the security of your User Credentials. You agree to notify Promaxo if any of your User Credentials is lost, stolen, if you are aware of any unauthorized use of your User Credentials or if you know of any other breach of security in relation to any Site. All the information that you provide when registering for an account and otherwise through any Site must be accurate, complete and up to date.

INTELLECTUAL PROPERTY - CONTENT

You may review and update the information that you provided to us through a Site by using the “Contact” option on each Site.

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Promaxo on or through a Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".

The Content may contain errors, omissions, or typographical errors or may be out of date. Promaxo may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Promaxo in any way except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Promaxo or by third parties that have licensed their use to Promaxo. You may view and use the Content only for your personal information and for using a Site, and for no other purpose, including but not limited to, any commercial purpose, and you shall retain intact all copyright and other proprietary notices. Any use of the Content, except as specifically permitted in these Terms of Use or as otherwise expressly permitted in the Content or in a writing signed by Promaxo, is strictly prohibited.

INTELLECTUAL PROPERTY - LICENSE AND SITE ACCESS

Promaxo grants you a limited license to access and make personal use of each Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Promaxo. This license does not permit any resale or commercial use of any Site or their respective contents, any collection or use of any product listings, descriptions, or prices, any derivative use of any Site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. No portion of any Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Promaxo. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Promaxo without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Promaxo’s name or trademarks without the express written consent of Promaxo. Any unauthorized use terminates the permission or license granted by Promaxo. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.

INTELLECTUAL PROPERTY - SUBMISSIONS

Except as otherwise expressly provided herein or in Promaxo’s Privacy Policy, any communication or material you transmit to Promaxo by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, and social media site posts, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Promaxo, Promaxo vendors, or their affiliates or related entities for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Furthermore, Promaxo, Promaxo vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Promaxo through a Site for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such communication.

By submitting content on or through a Site, you hereby grant to Promaxo, its subsidiaries, affiliates, partners and clients and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, copy, modify, publicly perform, publicly display, reformat, translate and excerpt (in whole or in part) such submitted content, and to grant and authorize sublicenses of the foregoing to its subsidiaries, affiliates, partners and clients including advertisers of brands or products (the "Advertisers") for display via third party websites or applications (for example, an Advertiser may sublicense submitted content to repurpose on its own or other third party website). Even if you withdraw or request a return of any submitted content, such a request shall not terminate or impact the use rights granted by Promaxo to third parties regarding such submitted content prior to such removal. By submitting content, you also warrant and represent that the content of the submission is accurate, not misleading, and will not violate the rights of any individual. If you do not wish to grant such rights to Promaxo, do not submit content to a Site.

INTELLECTUAL PROPERTY - COPYRIGHT COMPLAINTS

If you believe that your work has been copied and posted on a Site in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:

Please provide:

  1. a description of the copyrighted work that you believe has been infringed;
  2. a description of the material that you claim is infringing the copyrighted work and a detailed description of where it is located on the applicable Site;
  3. your address, telephone number, and email address;
  4. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  6. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send the written communication to our Copyright Agent at the following address:

By mail or e-mail:

Promaxo Copyright Agent
Promaxo Incorporated
c/o Legal Department
70 Washington Street, Suite 407
Oakland, CA 94607
610-225-6800
promaxo@Promaxo.com

We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of Promaxo or others.

MONITORING

Promaxo shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that are or may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Promaxo, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Promaxo shall have the right, but not the obligation, to remove any material that Promaxo, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, including without limitation, comments that contain the following:

  • Hate speech - language that degrades others on the basis of gender, race, national origin, religion, sexual orientation or disability;
  • Personal attacks - language that is threatening, intimidating, defamatory, libelous or encourages others to cause injury or property damage to any person;
  • Invasion of privacy - phone numbers, email addresses, physical addresses or other personal information;
  • Off topic - opinions and arguments unrelated to the article to which the comments are attached or to the comments of other readers;
  • Advertising - solicitations of any kind, all spam, including comments or links that are repeatedly posted;
  • Copyright/Plagiarism - comments that appear to violate copyright laws;
  • Personal health information;
  • Off-label or unapproved use of Promaxo products.

DISCLAIMER OF WARRANTIES

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SITE ARE PROVIDED BY Promaxo ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Promaxo AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, VENDORS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY SITE OR THE CONTENT, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SITE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY SITE OR THE ACCURACY, RELIABILITY, OR CONTENT PROVIDED THROUGH ANY SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF EACH SITE IS AT YOUR SOLE RISK. Promaxo DOES NOT GUARANTEE THAT ANY SITE WILL BE ERROR FREE, AVAILABLE AT ALL TIMES, OR AVAILABLE WITHOUT INTERRUPTION.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Promaxo DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Promaxo DOES NOT WARRANT THAT ANY SITE; CONTENT, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SITE; Promaxo’S SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM Promaxo ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

Promaxo WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SITE OR FROM ANY CONTENT, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. UNDER NO CIRCUMSTANCES WILL Promaxo’S AGGREGATE LIABILITY UNDER THESE TERMS OF USE EXCEED THE SUM OF USD$100.00.

IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.

INDEMNIFICATION & RELEASE

You agree to defend, indemnify, and hold harmless Promaxo and its affiliates and their respective directors, officers, employees, and agents from and against all claims, damages, and expenses, including reasonable attorney’s fees, arising out of or related to any products or services you purchase in connection with or from any Site, your use of any Site, or your violation of any third-party right. You are solely responsible for interactions with other users of any Site. To the extent permitted by applicable law, you hereby release Promaxo from any and all claims or liability related to any product or service of Promaxo and any conduct, action, or inaction by Promaxo or another user of a Site. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “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.” The indemnity and release provisions of this section shall survive the termination of this Agreement.

FEEDBACK

If you send or transmit any communications, comments, questions, suggestions, or related materials to the Company , whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to a Site, any services offered through a Site or Content, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Promaxo is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Promaxo an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as Promaxo may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that Promaxo is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

LANGUAGE

These Terms of Use and all documents and notices relating thereto are drafted in the English language.

APPLICABLE LAW & DISPUTES

By visiting a Site, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Promaxo. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms of Use.

By using a Site, you agree to submit to the personal and exclusive jurisdiction of the courts located within Montgomery County, Commonwealth of Pennsylvania in all disputes arising out of or relating to the Terms of Use or any Site.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to any of our Sites, policies, and these Terms of Use at any time. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on a Site. These changes will be effective immediately for new users of a Site. We suggest that you re-read our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. You will be required to provide your affirmative assent to such changed terms prior to any continued use of a Site by you after such notice of such modifications. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ENTIRE AGREEMENT

These Terms of Use (including any terms incorporated by reference herein) constitute the entire agreement between Promaxo and you with respect to your access, use, and receipt of services from a Site and supersedes all prior agreements, negotiations and discussions between you and us relating to the same. There are no third-party beneficiaries of the Agreement. We exclude any representations and warranties previously given or made in relation to the same.

TERMINATION

Promaxo may terminate this Agreement at any time. Without limiting the foregoing, Promaxo shall have the right to immediately terminate or suspend any of your passwords or accounts in the event of any conduct by you in breach of these Terms of Use or which Promaxo, in its sole discretion, considers to be unacceptable. The provisions above relating to Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification & Release, and Applicable Law & Disputes will survive termination of this Agreement.

CALIFORNIA CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Sites are provided by Promaxo. If you have a question or complaint regarding a Site, please contact Customer Service at our address below. You may also contact us by writing to us at the address below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

OUR ADDRESS

Promaxo Incorporated
70 Washington Street, Suite 407
Oakland, CA 94607
http://www.Promaxo.com