Terms of service

Terms of Use

GoProXO.com Website

We welcome you to the GoProXO.com website (the “Site”), which is owned and operated by Prasco, LLC (“Prasco,” the “Company,” “we,” “our” or “us”). By visiting our site, setting up an account and/ or purchasing something from us, you engage in our “Program” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE THE WEBSITE OR SET UP AN ACCOUNT ON THE WEBSITE. BY USING THE WEBSITE OR REGISTERING ON THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR WEBSITE.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Please note the arbitration provision set forth below, which requires you to arbitrate any claims you may have against Prasco on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.

Our Privacy Policy (available at http://www.GoProXO.com/privacypolicy) sets out our privacy and data-security practices. In the event of any inconsistency between the Privacy Policy and these Terms, these Terms shall control.

Ownership; Reservation of Rights.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content contained on the Site is owned, controlled or licensed by or to the Company and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.

For purposes of this Site, the term “Content” means information, text, video, audio, pictures, and other material made available on the Site and in connection with our Program. The term “Content” does not mean software or other functionality that Prasco or our Site vendors use to administer, publish, or make available the Site or Site features. The term “Content” similarly does not include Personal Information (as defined in our Privacy Policy)

Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of the Company and its affiliates, and other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners (collectively, "Trademarks"). Nothing in these Terms of Use or otherwise provided on the Site grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks without express prior written consent of the Company or such other owner. Neither the Company's name nor any of the Trademarks may be used in any way, including but not limited to any advertising or publicity regarding distribution of materials on the Site, without the Company's prior written consent. Without limiting the generality of the foregoing, the Company prohibits the use of its name or any Trademarks as a link to any website unless such link is approved in advance by the Company in writing.

Permitted Use of the Site and Content

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise without our express prior written consent. You may use information regarding products and services that is purposely made available by us for downloading from the Site, provided that you (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information.

Dietary Supplements and Health Information

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product labels and packaging prior to use. Information available on or through the Site is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site for diagnosing or treating a health condition or disease.

User Content

From time to time, we may provide interactive services on the Site, including but not limited to chat rooms, bulletin boards, blogs and forums. We disclaim any obligation to oversee, monitor or moderate any interactive services provided on the Site, and in no event shall we be liable for any loss or damage arising from the use of any interactive service by a user in contravention with our content standards. If you post any content to the Site, you hereby grant us and our affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You grant us and our affiliates and licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant the foregoing license without infringing or violating the rights of any third party; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from the content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assumes no liability for any content posted by you or any third party.

Code of Conduct

As a condition to your use of the Site, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:

Use the Site in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
Seek to obtain access to any materials or information through "hacking" or through other means we have not intentionally made available to you through the Site.
Impersonate or falsely claim (a) to be a third party, or (b) to be authorized to act on behalf of a third party.
Submit material that is defamatory, intentionally false, unlawfully threatening, unlawfully harassing, or that is otherwise illegal.
"Scrape," "harvest," or otherwise employ automated tools to collect Content from the Site, beyond the permissions granted under Grant of Rights.
Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, malware, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
Violate any applicable laws or regulations.

Revocation or Suspension of Use Privileges

We reserve the right at any time to terminate or suspend your access to some or all of the Site if you engage in activities that we conclude, in our discretion, breach our Code of Conduct, or for any other reason we determine.

Other Terms and Conditions

Additional terms and conditions may apply specific portions or features of the Site, including contests, promotions or other similar features, all of which are made a part of these Terms of Use by this reference. You shall abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Our obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. We may make changes to any products or services offered on the Site at any time without notice. The materials on the Site with respect to products and services may be out of date, and we make no commitment to update the materials on the Site with respect to such products and services except as required by applicable law.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. You shall notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's account at any time without the express permission and consent of the holder of that account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Our Program Providers

To facilitate efficient and secure delivery of our Program to you, we have engaged, and rely on, third-party parties. 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. Your data is stored through Shopify’s data storage, databases and the general Shopify application. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.

Certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. There may be differences between these Terms of Use and the terms of use that apply on the websites of our third-party service providers. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by these Terms or our Site’s Privacy Policy.

Links to Third-Party Sites

The Site may contain links or produce search results that reference links to third party websites (collectively "Linked Sites"). Prasco has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Prasco does not endorse the content of any Linked Site, nor does Prasco warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Site to search for or link to another website, you agree and understand that such use is at your own risk.

We have a 30-day return policy, which means you have 30 days after receiving your item to request a return.

Returns and Refunds

To be eligible for a return, your item must be in the same condition that you received it, unused, and in its original packaging. You’ll also need the receipt or proof of purchase.

To start a return, you can contact us at customer.service@GoProXO.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.

You can always contact us for any return question at customer.service@GoProXO.com.

Damages and Issues. Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

Exchanges. The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

Refunds. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund.

Warranty Disclaimer

We do not promise that the Site will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on the Site. The Site, and all services on the Site are delivered on an "AS IS" and "AS AVAILABLE" basis. Prasco does not warrant or represent that files you download from the Site will be free of viruses or other harmful features. PRASCO DISCLAIMS RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, CURRENCY, AVAILABILITY, OR COMPLETENESS OF CONTENT FOUND ON THE WEBSITE, AND ADVISES YOU TO MAKE MEDICAL DECISIONS BASED ON CONSULTING YOUR PERSONAL PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. PRASCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PRASCO OR A REPRESENTATIVE SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK.

FURTHER, PRASCO DOES NOT GUARANTEE THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT IT IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. PRASCO DOES NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. PRASCO DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL PRASCO, ITS PROGRAM PROVIDERS, OR ITS WEBSITE VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE, OUR SERVICES, OR THE CONTENT. THE LIABILITY OF PRASCO, ITS PROGRAM PROVIDERS, OR ITS WEBSITE VENDORS SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED AN AMOUNT EQUAL TO THE PAYMENTS MADE BY YOU WITH RESPECT TO THE PROGRAM OVER THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.

In addition, when using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of Prasco, its partners, advertisers, and sponsors or any other third party mentioned on the Site. Accordingly, Prasco assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTE THAT THE LIMITATIONS IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.

Indemnity

You agree to defend, indemnify, and hold Prasco and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.

Dispute Resolution and Agreement to Arbitrate

By using the Site, you and Prasco agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond or settle the Dispute. Notice shall be sent to:

Us, at Prasco, LLC, 6125 Commerce Court, Mason, OH 45040, or
You, at the address we have on file for you.

Both you and Prasco agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.

Additional Terms for Certain Programs or Sites

We may offer services or features that are subject to additional or different terms and conditions. We will notify you if the feature you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such sites or services, if you do not agree with the differing terms and conditions.

Modifications to these Terms

We may revise the Terms of Use from time to time by updating this posting with new terms and updating the “effective” date below. If material changes are made to these Terms, we will notify you by placing a prominent notice on the Site. You should review these Terms of Use every time you use the use the Program. Your continued use of the Program following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Site. Please feel free to print out a copy of these Terms for your records.

Assignment

These Terms shall not be assignable by you, either in whole or in part. Prasco reserves the right to assign its rights and obligations under these Terms.

General

These Terms and our Privacy Policy shall be governed in all respects by the laws of the State of Ohio without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Ohio, in the judicial district that includes Warren and Hamilton counties, Ohio for any disputes arising out of these Terms or our Privacy Policy. To the extent that the arbitration provision above is found not to apply, the parties agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms or our Privacy Policy is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Prasco's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and our Privacy Policy set forth the entire understanding and agreement between Prasco and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

Survival

The following provisions of the Terms of Use shall survive the termination of these Terms: “Ownership; Reservation of Rights,” “Warranty Disclaimer,” “Limitation of Liability,” “Indemnity,” “Dispute Resolution and Agreement to Arbitrate,” “Assignment,” “General,” and “Survival.”

Contact Us

If you have any questions about these Terms, the privacy practices of this Site, or the Program, please contact us at: GoProXO.com, c/o Prasco, LLC, 6125 Commerce Court, Mason, OH 45040, email: legal@GoProXO.com.

Effective Date

The effective date of these Terms is September 4, 2020