Terms of Use – PromaxCare

GENERAL

This website is operated by Promaxcare. Throughout the site, the terms “we”, “us” and “our” refer to Promaxcare. Promaxcare offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

When you use any of our online services (such as customer reviews, blogs, etc.), you will be subject to these Terms of Use and any other rules, guidelines, policies, terms and conditions applicable to such online services. We reserve the right to change, modify, alter or otherwise update the Terms of Use applicable to this Site at any time without prior written notice and in its sole and absolute discretion. We will notify you of any such changes, modifications, alterations or updates to this Site simply by posting a notice on this Site. Your continued use of this Site following any such changes, modifications, alterations or updates, will constitute your acceptance of the new Terms of Use.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Please print out a copy of these terms of use (and all other documentation relating to any transactions made using the site) for your records, as Promaxcare may, but cannot guarantee, that it will be able to provide you with copies of such documents on your written request.

We do not guarantee that the Site, or any of its content, will always be available or uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all parts of the Site without notice. We will not be liable to you if, for any reason, our Site is unavailable at any time or for any period.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

Products which are displayed on this Site and that may be purchased (“ Products”) are available for sale and distribution to customers in the United States only. Although the Site is accessible worldwide, not all Products offered through or on the Site are available to all persons or in all geographic locations, or available for use outside the United States. Promaxcarereserves the right to limit, in its sole discretion, the provision and quantity of any Product to any person or geographic area. Any offer for any Product made on the Site is void where prohibited. If you choose to access the Site from outside of the United Sates, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

WARNING: Without limiting the generality of the previous paragraph, the Product descriptions provided by Promaxcareon the Site may not contain a complete list of ingredients. If you have allergies or sensitivities to specific ingredients, please let us know or contact the Product manufacturer directly BEFORE purchasing the Product.

The availability of certain Products may be limited and/or not be available for immediate delivery. Promaxcaremay cease to make Product(s) available at any time without prior notice in its sole discretion. In the event that Promaxcareis unable to deliver a Product ordered, we will notify you via e-mail and your order will be either automatically cancelled if the Product is unavailable or contact you to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available. All prices are subject to change.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Unless otherwise stated, all prices quoted do not include shipping and handling charges, applicable federal, state or other sales or any other taxes, dues, customs charges, import duties, or other fees of any kind (including without limitation any banking fees charged on international credit card payments). Separate charges for shipping and handling and taxes will be shown on the order confirmation for each order, as applicable. You are responsible for all sales tax, and any other taxes, charges, duties or other fees associated with the order which may be charged in your jurisdiction (“Taxes and Duties”).

SECTION 6 – GIFT CERTIFICATES; PROMOTIONS

Gift Certificates (also known as Gift Vouchers and Gift Voucher Codes)

PromaxCare electronic gift certificates may only be redeemed towards the purchase of Product(s) on the Site. Please treat your gift certificates like cash — PromaxCare is not responsible if a gift certificate is lost, stolen, destroyed or used without your permission. Gift certificates may not be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Gift certificates are not returnable, cancellable or exchangeable after purchase for cash, except in provinces where required by law. Using a gift certificate simply requires that the recipient input the code referenced on the gift certificate at the checkout page. You shall be responsible for protecting the confidentiality of your gift certificate code, and PromaxCare shall not be responsible for any unauthorized use of such code. Gift certificates do not expire and we do not charge any service fees for non-use. Gift certificates cannot be used to purchase other gift certificates and may not be combined with any discount coupon.

Discount Coupons (also known as Coupon Codes, Discount Codes, Promotional Coupons, Promotional Discounts, Price Reduction Coupon Codes)

In certain instances, we may make available certain discounts or promotions available through discount coupons on the Site or through other forms of advertisement. These discount coupons may provide a price discount (e.g. 10% Product price reduction or $3 off) when you purchase Product(s) on the Site. Unless otherwise set out in the posted rules, conditions or other restrictions, discount coupons are subject to the following limitations (which may or may not be included in the promotion materials due to technical or space constraints):

Discount coupons advertised on this Site or in other advertisements are void in jurisdictions where prohibited;
Discount coupons are subject to any posted rules, conditions, or other restrictions applicable to such discount coupons, which may include, without limitation, expiry dates or other time limits, or applicability to only certain Products;
Discount coupons expire after seven (7) days;
Discount coupons may not be used to purchase gift certificates;
Discount coupons only apply to the price of the Product(s) and DO NOT apply to Taxes and Duties, shipping and handling charges, or any other such charges;
Discount coupons may not be applied retroactively to the purchase of Product(s) nor will rain-checks be issued for discount coupons;
Discount coupons may not be combined with other discount coupons, nor may they be used for Products already on sale, on special or discounted;
Discount coupons will only apply to eligible Products while quantities last; and
Our free shipping offer shall not apply unless your Product(s) purchase price sub-total, after applying the discount coupon code (and before Taxes and Duties), is above the free shipping offer threshold (see Shipping; Risk of Loss section below).

PromaxCare reserves the right to cancel or modify any discount coupons at any time without prior notice.

SECTION 7 – SHIPPING; RISK OF LOSS

PromaxCare offers free shipping for qualified U.S. orders over USD $35.00 (before Taxes and Duties and shipping and handling charges); some conditions apply. This free shipping offer cannot be combined with any other discounts or promotions.

Unfortunately, we cannot offer free shipping for:

Trade orders (i.e. orders by permitted resellers);
Orders outside the U.S.A. (subject to the exceptions set out below);
Orders from Alaska, Hawaii, US Military Addresses (APO, AFO, etc).

Shipping costs are calculated using automated software. Shipping charges vary depending on the location, size and weight of package. Please note that shipping dates, delivery dates, and time frames for processing returns and refunds are estimates only and not guaranteed. PromaxCare shall not be responsible for any damages or costs resulting from any delays in delivery of the Product(s) ordered.

We are not responsible for any errors you make in order’s contents, delivery address entry or if you are not available to receive the order. Please review your order and contact us immediately if you find mistakes. In case your order gets returned to us due to your data entry error or your absence at the time of delivery, we can:

Issue a Refund – We will issue a refund if you choose to cancel your order after such an instance of non-delivery. We will deduct the original shipping fee from your refund, as well as any additional charges/penalties the shipping carrier applies for returning the package to us; or
Re-ship – An additional fee will apply to reship your goods.

The risk of loss of any Product(s) ordered through this Site shall transfer to you upon delivery of the Product(s) to the shipping carrier. For example, and without limiting the generality of the foregoing, we have no control over and are not responsible for weather-related damages occurred during Product transit after shipping, such as, but not limited to, Product breakages due to freezing.

Please see our Shipping Policy for further details. The Shipping Policy forms part of the Terms of Use.

SECTION 8 – RETURNS; REFUNDS; WARRANTIES FOR DEFECTIVE PRODUCTS

Subject to the restrictions set out in the Terms of Use, we are happy to offer a full refund for unused Products. To be returned the Product must be unused and unopened (in the original packaging). We cannot accept returns for opened Products or Products for which the packaging has been destroyed or damaged.

We offer a refund for the price of the purchased Product(s). Shipping and handling charges and Taxes and Duties on the shipping and handling charges are non-refundable.

You are responsible for returning the Product(s). We encourage you to send the return through a shipping method that provides insurance and a tracking number. We are not responsible for damaged or lost returned Product(s). In the case of lost or damaged returned Product(s), a refund will not be issued.

To return a Product that you purchased from the Site, contact us. If you send us a message via our Contact Us page, it should include a) Name of the original purchaser, b) a valid email address, c) shipping address, d) order number, and f) a description of the product(s) being returned.

We will issue a FULL REFUND to your credit card (or other payment method) for the price of any Product that you return and Taxes and Duties paid on the Product’s value (minus the shipping and handling charges and Taxes and Duties on the shipping and handling charges), IF we receive your Product return request WITHIN SIXTY (60) DAYS of the delivery date.

If we receive your Product return request after sixty (60) days from the delivery date, but WITHIN ONE (1) YEAR of the order date, we will issue a STORE CREDIT for the price of any Product that you return and Taxes and Duties paid on the Product’s value (minus the shipping and handling charges and Taxes and Duties on the shipping and handling charges).

WE DO NOT ACCEPT PRODUCT RETURN REQUESTS AFTER ONE (1) YEAR.

It can take up to ten (10) business days to process the return and refund. Please note that your financial institution could take up to seven (7) business days to reflect this transaction.

WE DO NOT OFFER EXCHANGES FOR RETURNED PRODUCTS.

All Product(s) purchased from PromaxCare are delivered via third party delivery companies, pursuant to a shipping contract. You shall become the owner of the Product(s) and assume the risks of loss from the time of delivery by PromaxCare of the Product(s) to the third-party delivery company.

Please see our Return Policy for further details. The Return Policy forms part of the Terms of Use.

Limited Two-Year Warranty (non-PromaxCare branded products)

Please check your Product(s) promptly upon delivery. If you have purchased Product(s) and it appears that any of these Products upon delivery are damaged or otherwise show material or manufacturing defects, please contact us within two (2) years from your date of purchase via telephone or email to inform us of the details at enquires@PromaxCare.ca. Please note that this warranty does not apply to fair wear and tear, willful damage, abnormal storage, repairs, or improper or unreasonable use. If the Product(s) are defective, we will offer you, at our sole discretion, either a refund (including the purchase price, original shipping costs and any other costs you may incur in returning the defective product(s) to us), repair the defective product(s), or provide you with replacement product(s) at no cost to you.

Lifetime Warranty (PromaxCare-branded products)

If you have purchased PromaxCare-branded Product(s) and it appears that any of these Products upon delivery are damaged or otherwise show material or manufacturing defects, please contact us via telephone or email to inform us of the details at customerservice@PromaxCare.com. Please note that this warranty does not apply to fair wear and tear, willful damage, abnormal storage, repairs, or improper or unreasonable use. If the Product(s) are defective, we will offer you, at our sole discretion, either a refund (including the purchase price, original shipping costs and any other costs you may incur in returning the defective product(s) to us), repair the defective product(s) or provide you with replacement product(s) at no cost to you. PLEASE NOTE that this warranty is extended to the original owner only (as evidenced by transaction documents).

SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 10 – ACCOUNT SECURITY; CONSENT REGARDING ELECTRONIC DOCUMENTS

For any portion of the Site that requires a user name and/or password, you are responsible for all use of your account (under any user name or password), including purchases made using your account, and for ensuring that all use of your account complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

By using this Site you consent to the exchange of information and documents between you and PromaxCare over the Internet or by e-mail, and you agree that these Terms of Use, together with any applicable order confirmation(s) accepted by PromaxCare in electronic form shall be the equivalent of an original written paper agreement between you and PromaxCare. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy legal requirements that such communications be in writing.

SECTION 11 – THIRD-PARTY LINKS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

“ User Generated Content” means Comments (as defined below), messages (including e-mail), data, information, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files, or other material or content; (ii) “ Comments” means comments, feedback, suggestions, reviews, ideas, proposals and questions; and (iii) “ Interactive Areas” means reviews, forums, blogs, chat areas, bulletin boards or other interactive areas in which you or other Site users may post Comments, content, messages, materials or other items on the Site or any other PromaxCare sites including any PromaxCare pages on social networking sites and web pages such as Facebook or Twitter.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

General

By posting, distributing, sending or displaying User Generated Content to the Site, you:

(1) hereby grant to PromaxCare a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sublicensable right to use, copy, reproduce, modify, adapt, translate, distribute, transmit, publish, download, post, lease, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Generated Content for any purpose to the extent permissible by applicable law;
(2) grant PromaxCare the right to use your name relating to such User Generated Content, subject to PromaxCare’s Privacy Policy;
(3) represent and warrant that:
(a) you own and control all of the ownership rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content on or through this Site;
(b) such User Generated Content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and
(c) the usage, publication and posting of such User Generated Content does not violate these Terms of Use and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity;
(4) further grant PromaxCare the right to pursue before any appropriate forum any person or entity that violates PromaxCare’s or your rights under any applicable law in the User Generated Content.

User Generated Content submitted by you is deemed non-confidential and PromaxCare is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, PromaxCare reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. PromaxCare is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, under any applicable law, it is determined that you retain moral rights in the User Generated Content which you have posted to the Website, you hereby agree that:

you won’t require that any personally identifying information be used relating to the User Generated Content;
you won’t oppose the publication, use, modification or deletion of the User Generated Content by PromaxCare; and
you waive and will not claim or assert any entitlement to any moral rights in any of the User Generated Content, to the extent permissible under applicable law.

Interactive Areas

This Site may contain Interactive Areas. If PromaxCare provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and you use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:

any content, information or material that is incomplete, false, inaccurate or not your own;
any content, information or material that (a) violates or infringes the copyrights, patents, trade-marks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, sexually explicit, violent, derogatory, unlawful, slanderous, indecent, lewd, harassing, threatening, an invasion of the privacy or publicity rights of a third party, abusive, inflammatory, fraudulent or otherwise objectionable or could give rise to any civil or criminal liability under US or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties;
any content, information or material that violates any applicable laws, rules or regulations in the United States or in any other jurisdiction;
any content, information or material that advertises or links to other commercial websites;
names, postal addresses, telephone or telecopy numbers, email addresses, driver licenses, Social Insurance No., national identity, passport and/or credit card numbers or other personally identifiable information of any third party;
viruses, corrupted data or other harmful, disruptive or destructive files;
any content, information or material that is unrelated to the topic of the Interactive Areas in which such material is posted;
any content, information or material that communicates messages inconsistent with the goodwill of PromaxCare or which otherwise violates these Terms of Use; or
any content, information or material that, in the sole judgment of PromaxCare, is objectionable or which may expose PromaxCare, you or other Site users to any harm, prejudice or liability.

To the extent possible under applicable law, PromaxCare takes no responsibility and assumes no liability for any User Generated Content posted, published, displayed or uploaded by you, or for any loss or damage thereto, nor is PromaxCare liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or racial or gender slurs you may encounter or any other type of content posted, published, displayed or uploaded by third parties in violation of these Terms of Use. As a simple provider of the Interactive Areas, to the extent permissible by applicable law, PromaxCare is not and shall not be liable for any statements, representations or User Generated Content provided by its users on this Site. PromaxCare has no legal or contractual obligation to screen, edit or monitor any of the User Generated Content posted, published, displayed or uploaded to or through any Interactive Area and makes no claim that it will do so. However, PromaxCare reserves the option and right, at its sole discretion, to remove or modify any User Generated Content posted or stored on this Site without any prior notice of any type whatsoever and for any reason whatsoever.

Comments

Ownership of the content and form of all Comments posted, published, displayed or uploaded on or to the Website shall automatically be transferred to PromaxCare and shall become the sole and exclusive property of PromaxCare and shall not be returned to you. PromaxCare is and shall be under no obligation:

to pay any compensation for any Comments;
to attribute any Comments to you; or
to respond to any Comments.

PromaxCare does not wish to receive Comments from you that are or may be confidential, secret or proprietary information. Therefore, you acknowledge and agree that any Comments that you provide to PromaxCare are not or will not, save as may be required under applicable law(s) or pursuant to PromaxCare’ privacy policy, violate any third-party rights, including, but not limited to, copyright, trade-mark, privacy, publicity or other personal or proprietary right(s).

SECTION 13 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 – COPYRIGHTS AND TRADE-MARKS

Unless otherwise noted, the Site, its features, functionality, and all materials, including, but not limited to, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, trademarks, trade dress, software, specifications, advertisements, titles, names, User Generated Content (as defined below), and any other materials that appear as part of or on the Site (collectively, the “Content“), are protected by copyright, trade dress, and/or trademark laws of Canada, USA and other jurisdictions, and all worldwide rights, title, and interest in and to the Site and Content are owned controlled, and/or licensed by PromaxCare.

Please note that certain trade-marks, product names, company names, logos, service marks or material displayed on the Site may be owned by third parties, and you understand that you are not authorized to display or use such without the prior written permission of the relevant third party.

PROMAXCARE and all related names, logos, product and service names, designs and slogans are trade-marks of PromaxCare Ltd. or its licensors. Such marks cannot be used without the prior written permission of PromaxCare. You may also not use any meta tags or any other “hidden text” utilizing PromaxCare’s trade-marks or related names or slogans.

Subject to the Terms of Use, we hereby grant you a limited, personal, revocable, non-transferable and non-exclusive license to view and use this Site and its Content, but only while accessing the Site, and only for the purpose of accessing Product information for your personal review, shopping for and/or purchasing personal items sold on the Site, and not for any commercial use or for any third party, except where explicitly permitted by us in advance in writing.

No right, title or interest in or to any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as otherwise provided herein, nothing in these Terms of Use shall be construed as conferring, in any way whatsoever, any license or right including but not limited to copyright, patent, trade-mark or other intellectual property or right of PromaxCare or any other person or entity. All rights not expressly granted in these Terms of Use are reserved to PromaxCare.

Notwithstanding the foregoing, PromaxCare authorizes you to make one electronic or paper copy of the information posted on any page of this site provided that the copy is used solely for personal and non-commercial purposes and provided that in each and every case such copy remains protected by all copyright, trade-mark, service mark and other proprietary notices and legends contained on the Site. The foregoing license contained in this paragraph does not include: (i) any resale of this Site, Content or any other materials contained herein, (ii) any collection of product listings, descriptions or prices, (iii) any other derivative use of this Site, Content or other materials contained herein, (iv) any downloading of copying of information for the benefit of any merchant, or (v) any use of data mining, robots, or similar data gathering and extraction tools.

The Content may contain omissions, errors, or may be out of date. The Content is provided for informational purposes only and PromaxCare is under no obligation to keep the Content updated. PromaxCare may, in its sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to you.

Any use of the Site in violation of these Terms of Use may result in termination or suspension of your permission to use the Site, and an immediate revocation of any license(s) granted in these Terms of Use without notice to you.

SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

For the purposes of this Section, “PROMAXCARE” shall include PromaxCare’s respective director, officers, employees, agents, mandataries, and any third-party suppliers or contractors.

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS OF USE. THE FOLLOWING EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED HEREIN. PROMAXCARE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE FUNCTIONALITY, GOOD WORKING ORDER OR CONDITION OF THIS SITE, ITS SUITABILITY FOR USE, OR THAT IT’S USE, OR ANY INFORMATION OR MATERIAL, ACCESSED FROM OR THROUGH THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. PROMAXCARE DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS SITE MAY OR WILL BE CORRECTED OR THAT ANY SERVER FROM WHICH THE SITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THIS SITE AND ALL PRODUCTS, SERVICES, CONTENT AND INFORMATION PROVIDED OR PURCHASED THROUGH OR ON THIS SITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” BASIS AND PROMAXCARE DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: i. WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, ii. ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION HEREIN; OR iii. THE MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall PromaxCare, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Without limiting the foregoing, in no event will PromaxCare be liable for: damages or losses resulting from viruses including computer or web based viruses, data corruption, failed messages, damages arising as a result of same or transmission errors or problems, telecommunications service providers, PromaxCare ‘s contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by the you, or any other events beyond the reasonable control of PromaxCare.

If, notwithstanding the limitations noted herein, PromaxCare is found to be liable for any damage(s) or loss in connection with this site, in no case shall PromaxCare ‘s total liability arising under any cause whatsoever including without limitation breach of contract, negligence or otherwise, be for more than the amount paid by you for the specific product(s) ordered under these terms of use and to which the claim relates.

IF YOU ARE DISSATISFIED WITH THESE TERMS OF USE OR THIS SITE, YOUR SOLE AND UNIQUE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS SITE.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless PromaxCare and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 19 – DISPUTE RESOLUTION

You acknowledge and agree that any dispute that may arise with PromaxCare in respect of these Terms of Use and the transactions contemplated herein shall be resolved by the Provincial and Federal Courts and Tribunals sitting in the city of Ancaster, in the province of Ontario and you hereby irrevocably submit to the personal and exclusive jurisdiction and venue of these Courts.

SECTION 20 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 – BINDING EFFECT

The Terms of Use shall inure to the benefit of and are binding upon the parties hereto and their respective successors and assigns.

SECTION 22 – JURISDICTION

PromaxCare makes no representation that content, materials, information or Products provided on or through this Site are appropriate or available for use in other locations or jurisdictions. Those who choose to access this Site from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

SECTION 23 – NO WAIVER

PromaxCare’s failure to enforce any provision(s) of these Terms of Use or to respond to a breach by you or any third party of these Terms of Use shall not in any way waive the right of PromaxCare to subsequently enforce any of the Terms of Use contained herein or to act with respect to other similar or future breaches.

SECTION 24 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 25 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 26 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of PromaxCare Ltd. 098 – 118TH AVE NORTH Largo Florida US 33773.

SECTION 27 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 28 – NO ASSIGNMENT

You may not assign your rights or obligations herein without the express written consent of PromaxCare.

SECTION 29 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customerservice@PromaxCare.com.