Superbalife International, LLC, maker of various vitamins, dietary supplements, and other products sold on the Superbalife International website at www.superbalife.com, prostavar.com, and other sites where these terms and conditions are posted (each, the "Site"), maintains this Site for your personal information, education and communication.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS SITE. Your purchase or use any of Superbalife International, LLC's products constitutes your agreement to these terms and conditions. If you do not agree to these terms and conditions, you must return the product for a refund within 30 days of the date of delivery of the product. THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
GENERAL TERMS AND CONDITIONS
The Products on this Website are intended for personal,
non-commercial purposes only. Except as expressly permitted in these Term and Conditions, you may not use,
reproduce, distribute, adapt, modify, reverse engineer, copy, publish, display, transmit, link, rent, frame,
lease, loan, sell, license, or in any way exploit the content or Products of this Website. You agree to use this
Website, its Products and content, only for lawful, non-commercial purposes and in compliance with the all
international, federal, state and local laws.
Superbalife International, LLC does not authorize or permit the resale of Prostavar by unauthorized resellers, retailers or distributors by any means including on the websites Amazon and eBay. Any account associated with a purchase order that we suspect is connected with the illegal distribution of Prostavar, or any other activity that was not pre-approved in writing by an authorized officer of Superbalife International, LLC, may be subject to suspension or termination and restrained from further access to this Website. Any open orders associated with such an account will then be cancelled and credited back to the original purchaser. Superbalife International, LLC reserves the right to pursue any unlawful reseller, retailer or distributor for violations under applicable law including, but not limited to, The Lanham Act.
Superbalife International, LLC only ships Product orders to shipping addresses that are either a physical address or USPS Post Office Box. The use of a false name, address, telephone number and/or credit card number to purchase any Products on this Website shall constitute fraud under the laws of the state of California and shall constitute your stipulation and admission that 1) your use of a false name, address, telephone number and/or credit card was and is a fraudulent representation made at the time of purchase; 2) was made with the knowledge of said falsity; 3) was made with the intention to defraud Superbalife International, LLC; 4) that Superbalife International, LLC’s reliance on your fraudulent representations was and is actual, justifiable and reasonable, and; 5) that Superbalife International, LLC was and is damaged by your fraud.
You further stipulate and admit that such conduct was and is carried out with fraud, malice and oppression and, therefore, an award of punitive damages is both necessary and proper for such conduct. All instances of fraud shall be prosecuted to the fullest extent of the law.
Mobile Text (SMS/MMS) Message Service Terms and Conditions AKA SMS Policy
The Superbalife mobile message service (the "Service") is operated by Superbalife International, LLC
(“Superbalife International”, “we”, or “us”). Your use of the Service and/or opt-in such as by clicking 'Place
my order' on this website, constitutes your agreement to these terms and conditions (“Mobile Terms” and/or "SMS
Policy"). We may modify or cancel the Service or any of its features without notice. We may also modify these
Mobile Terms at any time and your continued use of the Service following the effective date of any such changes
shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text (SMS/MMS) messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Superbalife International via text (SMS/MMS) messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to 800-301-3257 and in reply to any another number used to contact you by the Superbalife mobile message service to cancel at any time. You'll receive a one-time opt-out confirmation text (SMS/MMS) message. If you have subscribed to other Superbalife International mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to or call 800-301-3257 or email [email protected].
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Money Back Guarantee / Return Policy:
To recieve a refund you must return the remaining
physical product (based on normal usage for the period you have had the product) for a refund within 90 days of
the date of delivery of the product. Contact customer service for our current return mailing address.
Customers
who purchased an offer from one of our radio advertisments will recieve a full refund of their purchase price as
long as the return is reciveved as stated above.
CANCELLATION POLICY:
You can cancel at any time by calling customer service toll-free at
1-800-301-3257. Every Prostavar purchase includes a 90-day money-back guarantee
of the purchase price less shipping and handling. If you call to cancel your membership in the preferred
customer program, the cancellation will be effective immediately and no future shipments will be sent. For any
product returned under our 100% Satisfaction Guarantee, you will receive a refund of your purchase price less
shipping and handling. To customize this program or future shipments and charges, call customer service anytime
at 1-800-301-3257.
Taxable States: AZ, CA, CT, MI, NY, NC, SC, TX, VA, WA,
and All Canadian Provinces
CHANGES TO TERMS AND CONDITIONS
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD,
OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING. THE DATE OF THESE TERMS AND CONDITIONS IS NOTED UNDER THE "TERMS AND CONDITIONS" HEADING ABOVE.
PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE
POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and Superbalife International, LLC agree
that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be
governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration; and that any
dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate,
predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding
arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of
confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order,
preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal
remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of
competent jurisdiction.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate an arbitration, Superbalife International, LLC will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified Superbalife International, LLC in writing and provided a copy of the arbitration proceedings. However, if Superbalife International, LLC is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Superbalife International, LLC, including the filing fee.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Superbalife International, LLC and may not preside over any kind of representative or class proceeding against Superbalife International, LLC. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Superbalife International, LLC IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND. IF YOU HAVE PURCHASED THE PRODUCT AT A RETAIL STORE, YOU MUST RETURN THE PRODUCT ACCORDING TO THE STORE'S RETURN POLICY. IF YOU HAVE PURCHASED THE PRODUCT BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY, AVAILABLE AT https://www.prostavar.com/guarantee.html.
GOVERNING LAW
These Terms and Conditions and the Privacy Policy will be governed by and
construed in accordance with the laws of the State of California, without regard to principles of conflicts or
choice of law. In addition, the application of the United Nations Convention on Contracts for the International
Sale of Goods, including any amendments thereto, is expressly excluded hereby.
LICENSE GRANT
This Site is provided by Superbalife International, LLC, and these Terms and
Conditions provide to you (identified herein as "you" or "user") a personal, revocable, limited, non-exclusive,
royalty-free, non-transferable license to use this Site conditioned on your continued compliance with these
Terms and Conditions. If you are using the Site on behalf of a company or other business entity, please note
that such a company or entity may have a separate agreement with Superbalife International, LLC. Nevertheless,
your use will be subject to these Terms and Conditions.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The content of this site and information
provided to in response to a request made or question presented or survey completed by you (the "Information")
is for informational purposes only. The Information is not a substitute for professional medical advice,
diagnosis or treatment. You should always seek the advice of a qualified health provider before making any
adjustment to any medication or treatment you are currently using, stopping the use of any medication or
treatment or starting any new medication or treatment, whether or not the subject was covered the Information
provided to you. The Information is intended to provide users with a general understanding of certain wellness
and health care topics and is not specifically applicable to any individual's medical problems, concerns and/ or
needs. Any action you take on the basis of the Information provided is solely at your own risk and expense.
THIS SITE IS INTENDED FOR ADULTS
You should be aware that this Site is not intended or
designed to attract anyone under the age of 18. We do not collect personally identifiable information from any
person we actually know is under the age of 18. By downloading, accessing, or using this Site or in order to
view our information and materials or submit information of any kind to this Site, you represent that you are at
least eighteen (18) years of age (or the age of majority in your state of residence).
ADVICE
You will have the opportunity through our Sites to e-mail us with any questions you
may have for our featured expert regarding Prostavar, dietary supplements in general or health matters in
general. Do not send us any medical, therapeutic or treatment questions. Superbalife International, LLC, and the
experts featured on the Site do not provide medical advice, and we urge you to contact your doctor if you feel
you require medical advice or treatment.
RESTRICTIONS ON USE OF MATERIALS
These Terms and Conditions provide only a limited license
to access and use the Site. Accordingly, you expressly acknowledge and agree that Superbalife International,
LLC, transfers no ownership or intellectual property interest or title in and to this Site to you or anyone
else. All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes,
logos, button icons, banners and software, contained in this Site are the copyrighted property of Superbalife
International, LLC, or its affiliated companies and/or third party licensors. All trademarks, service marks, and
trade names show on this Site are proprietary to Superbalife International, LLC, or its affiliates and/or third
party licensors. Unauthorized use of the materials on this Site will violate intellectual property rights. All
rights not expressly granted in these Terms and Conditions are reserved to Superbalife International, LLC, or
its affiliated companies and/or third part licensors, whichever is the owner of any specific material. As such,
no material from this Site may be modified, translated, decompiled, disassembled, broadcast, licensed,
sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, except that other than in the case of certain third
party content, such as ProstateReport.com content (see discussion below under the heading "Third Party Content
Providers"), you may download one copy of the materials on any single computer for your personal, non-commercial
home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no
modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with
any of our products, services, or brands, and (iv) you do not download quantities of materials to a database
that can be used to avoid future downloads from this Site. The use of any such material on any other Web Site or
computer environment is prohibited. Moreover, you may not (i) use any "deep link," "page scrape," "robot,"
"spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent
manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or
circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials,
documents, or information through any means not purposely made available through the Site, (ii) attempt to gain
unauthorized access to any portion or feature of this Site, including, without limitation, the account of
another user(s), or any other systems or networks connected to this Site or to any Superbalife International,
LLC, server or to any of the services offered on or through the Site, by hacking, password "mining," or any
other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network
connected to the Site, nor breach the security or authentication measures on this Site or any network connected
to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to
the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the
infrastructure of this Site or Superbalife International, LLC's systems or networks or any systems or networks
connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this
Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers,
impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of
any message or transmittal you send to Superbalife International, LLC, on or through the Site, (viii) use the
Site or any interactive feature to harvest or collect e-mail addresses or other contact information; or (ix) use
this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact
Superbalife International, LLC. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY
SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY Superbalife International, LLC. TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Superbalife
International, LLC, cannot and does not guarantee or warrant that any files or information available for
downloading will be free of infection, viruses, worms, Trojan horses or other code or codes that may contain
contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair
or correction resulting from any such downloading. You may not link any other website to this Site, nor
reference hypertext documents on this Site from another website or document including e-mail, except under
agreement as provided under our Affiliate program. Superbalife International, LLC, reserves the right at any
time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if
you violate any of the provisions of these Terms and Conditions your permission to use the materials
automatically terminates and you must immediately destroy any copies you have made of the materials.
Nothing
contained in this Site should be construed as granting any license or right to use any trademark, logo, trade
name, or design displayed on this Site without the written permission of Superbalife International, LLC, or the
respective owner of the trademark.
LIMITATION OF LIABILITY AND DISCLAIMER
The use of this Site and the Information is at your
own risk.
When using this Site, information will be transmitted over a medium over which Superbalife
International, LLC, has no control or jurisdiction. Therefore, Superbalife International, LLC, does not assume
any liability for or relating to the delay, failure, interruption or corruption of any information transmitted
in connection with the use of this Site.
This Site and the Information given through this Site are provided without charge and are provided on an "As Is"
basis. TO THE FULLEST EXTENT PERMITTED BY LAW, Superbalife International, LLC, DISCLAIMS ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Please note that some
jurisdictions may not allow the exclusion of implied warranties, so some of the exclusions may not apply to you.
Superbalife International, LLC, does not warrant that the Information contained on this Site will be
uninterrupted or error free, or that defects will be corrected. Superbalife International, LLC, makes no
warranty as to the accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the
Information, links or communications provided on or through the use of this Site and does not warrant against
human or machine error, delay, omissions, interruptions or losses, including loss of any data or the legality of
the Site or compliance with respect to laws governing the products, services or promotions offered on this
Site.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, LICENSEES, SUPPLIERS, OR THOSE HEALTH CARE PROFESSIONALS WHO HAVE CONTRIBUTED
MATERIAL OR ANSWERED QUESTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY, OR WRONGFUL DEATH WHATSOEVER, INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR
OTHERWISE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY OR OTHER LEGAL THEORY) EXCEED THE
AMOUNT PAID (WHICH MAY BE NOTHING) BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE.
USER SUBMISSIONS
You agree that you will, at all times, provide true, accurate, current,
and complete information when submitting information or materials on this Site, including, without limitation,
when you provide information via a Site registration or submission form. If you provide any false, inaccurate,
untrue, or incomplete information, Superbalife International, LLC, reserves the right to terminate immediately
your access to and use of this Site. In addition, you agree that you will not make any transmission or
submission to this Site that violates any laws or regulations or infringes or violates the rights of any person
or entity. By making communications or submitting information, success stories, testimonials, feedback, and/or
photographs (collectively, "Submissions") to chat rooms, message or discussion boards or other forums, such as
success stories or testimonials, or in contests or the like, you agree that such Submission is not confidential
for all purposes and we shall not be liable for any use or disclosure of any such Submissions by us or
others.
If you make any such Submission, you automatically grant (or warrant that the owner of such
content has expressly granted) Superbalife International, LLC, a royalty-free, perpetual, irrevocable,
world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit,
translate, distribute, perform, and display the Submission (including without limitation your photograph or
likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any
and all moral rights in the Submissions. Superbalife International, LLC, may sublicense its rights through
multiple tiers of sublicenses.
PRIVACY POLICY
The operation of certain portions of this Site may require the submission,
use, and/or dissemination of various personal identifying information about you. Please see Superbalife
International, LLC's Privacy Policy for a summary of Superbalife International, LLC's personal identifying
information collection and use practices. You are entirely responsible for maintaining the confidentiality of
your password and account and for all activities that occur under your account. You agree not to use another
user's username and password. You will immediately notify Superbalife International, LLC, if you become aware of
any loss or theft of your password or any unauthorized use of your username and password. Superbalife
International, LLC, reserves the right to delete or change a username or password at any time and for any
reason.
PUBLIC AREAS
If you participate in a chat area, message or discussion board, forum, or
e-mail function from this Site or submit your success story or testimonial for publication on our Site ("Public
Areas") you are solely responsible for your own communications, the consequences of posting those
communications, and your reliance on any communications found in the Public Areas. Superbalife International,
LLC, is not responsible for the consequences of any communications in the Public Areas. In cases where you feel
threatened or believe someone else is in danger, you should contact your local law enforcement agency
immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
Please
keep in mind that whenever you give out personal information online for example, via message boards or chat
areas on this Site that information can be collected and used by people you don't know. While Superbalife
International, LLC, strives to protect your personal information and privacy, we cannot guarantee the security
of any information you disclose online; you make such disclosures at your own risk. Although Superbalife
International, LLC, may from time to time monitor or review discussions, chats, postings, transmissions,
bulletin boards, and the like on this Site, Superbalife International, LLC, is under no obligation to do so and
assumes no responsibility or liability arising from such materials nor for any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any such
materials on this Site.
ENFORCING SECURITY ON THE SITE
Actual or attempted unauthorized use of this Site may
result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud
and Abuse Act of 1986 under U.S. federal law. Superbalife International, LLC, reserves the right to view,
monitor, and record activity on this Site without notice or permission from you. Any information obtained by
monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with
investigation or prosecution of possible criminal activity on the Site. Superbalife International, LLC, will
also comply with all court orders involving requests for such information. In addition to the foregoing,
Superbalife International, LLC, reserves the right to, at any time and without notice, modify, suspend,
terminate, or interrupt operation of or access to the Site, or any portion of this Site in order to protect the
Site, Superbalife International, LLC, or Superbalife International, LLC's business.
LINKS TO OTHER SITES
We suggest that you exercise discretion while browsing the Internet
using this Site. You should be aware that when you are on this Site, you could be directed to other websites
that are beyond our control. There are links to other websites from Superbalife International, LLC, pages that
take you outside of our service. For example, if you "click" on a banner advertisement or a link, the "click"
may take you off this Site. This includes links from advertisers, sponsors, and content partners that may use
our logo(s) as part of a co-branding agreement. These other websites may send their own cookies to users,
collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
In addition, advertisers on this Site may send cookies to users that we do not control. Use of third-party
websites is at your own risk and subject to the terms and conditions of use for such websites. We make no
representations concerning the content of any such third party websites. Consequently, we cannot be held
responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in
websites linked to this Site.
We reserve the right to disable links from third party sites to this site.
THIRD PARTY PROVIDERS
ProstateReport.com content is the intellectual property of
ProstateReport.com. Any copying, republications or redistribution of ProstateReport.com content, including, but
not limited to, by caching, framing or similar means, is expressly prohibited without the prior written consent
of ProstateReport.com. ProstateReport.com shall not be liable for any errors or delays in content, or for any
action taken in reliance thereon.
TERMINATION OF ACCOUNT
These Terms and Conditions will take effect at the time you click
"SUBMIT ORDER", register, respond to a request for information, and/or begin downloading, accessing, or using
this Site, whichever is earliest. Superbalife International, LLC, reserves the right at any time and for any
reason to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its
business, and/or other users, and Superbalife International, LLC, shall have the right to immediately terminate
a user's account in the event of any conduct by a user which Superbalife International, LLC, in its sole
discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms and Conditions.
Termination will be effective without notice. You may also terminate these Terms and Conditions at any time by
ceasing to use the Site, but all applicable provisions of these Terms and Conditions will survive termination,
as identified below. Upon termination, you must destroy all copies of any aspect of this Site in your
possession. The provisions concerning Superbalife International, LLC's proprietary rights, Submissions,
indemnity, disclaimers of warranty and liability, admissibility of these Terms and Conditions, and governing law
will survive the termination of these Terms and Conditions for any reason.
INDEMNIFICATION
You agree to indemnify, defend and hold Superbalife International, LLC,
and its affiliates and their respective officers, directors, owners, agents, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all claims,
demands, liabilities, costs and/or expenses whatsoever (including without limitation reasonable legal fees
disbursements) arising out of or resulting, directly or indirectly, from: (a) your breach of these Terms and
Conditions; (b) your access to or use of this Site or any website to which this Site is or may be linked from
time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from
this Site; and/or (d) your violation of any law, rule or regulation. You shall use your best efforts to
cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you.
ENFORCEMENT
You acknowledge that any breach, threatened or actual, of these Terms and
Conditions will cause irreparable injury to Superbalife International, LLC, such injury would not be
quantifiable in monetary damages, and Superbalife International, LLC. would not have an adequate remedy at law.
You therefore agree that Superbalife International, LLC, shall be entitled, in addition to other available
remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent
jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these
Terms and Conditions. Accordingly, you hereby waive any requirement that Superbalife International, LLC, post
any bond or other security in the event any injunctive or equitable relief is sought by or awarded to
Superbalife International, LLC, to enforce any provision of these Terms and Conditions.
JURISDICTIONAL ISSUES
Unless otherwise specified, the Information is presented solely for,
and any coupons, promotions and programs are offered only to, residents of the United States of America, the US
Virgin Islands, Puerto Rico and Guam. In addition, any contests or sweepstakes offered are offered only to
residents of the United States of America. We make no representation that material on this Site is appropriate
or available for use in any particular location. Those who choose to access this Site do so on their own
initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
CONTACT INFORMATION
You can contact us via e-mail by clicking "Contact Us" on any
Superbalife International, LLC, page or send an e-mail directly to [email protected]. Please include
information in the e-mail that will help us identify your account so we can assist you with your inquiry or
request.
WAIVER & SEVERABILITY
Failure to insist on strict performance of any of these Terms
and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by
Superbalife International, LLC, of any right under these Terms and Conditions will be deemed to be either a
waiver of any other right or provision or a wavier of that same right or provision at any other time. If any
part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly
matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in
effect.
SUCCESSORS AND ASSIGNS
We may perform any of our obligations or exercise any of our rights
under these Terms and Conditions through one or more of our corporate affiliates (including any entity that
directly or indirectly controls, is controlled by, or is under common control with us). If Superbalife
International, LLC, or its assets are acquired by another entity, that entity will assume our rights and
obligations as described in these Terms and Conditions. You may not assign your rights or obligations under
these Terms and Conditions, by operation of law or otherwise, without our prior written consent.
ENTIRE AGREEMENT
No joint venture, partnership, employment, or agency relationship exists
between you and Superbalife International, LLC, as a result of these Terms and Conditions or your utilization of
this Site. These Terms and Conditions, Superbalife International, LLC's Privacy Policy, and any other agreement
or terms or conditions for services, subscriptions, or licenses for products or services available through the
Site, which are all hereby incorporated by reference as if set forth fully herein, represent the entire
agreement between you and Superbalife International, LLC, with respect to use of the Site, and they supersede
all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and
Superbalife International, LLC, with respect to this Site.
If you need further assistance, please, write us at:
Attention: Consumer
Affairs Department
Superbalife International, LLC
269 S. Beverly Dr. Suite 374
Beverly
Hills, CA 90212
Tel:
1-800-301-3257
We are committed to complying with U.S. copyright law and to responding to claims of copyright infringement. We
will promptly process and investigate notices of alleged infringement and will take appropriate actions under
the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).
Pursuant
to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated
Agent. Notification must be submitted to the following Designated Agent for this site in the manner described
below:
Superbalife International, LLC
1449 S Robertson Blvd
Los Angeles, CA 90035
Tel:
1-800-301-3257
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
You
should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement
may be liable for damages incurred as a result of the removal or blocking of the material, court costs and
attorney fees.