Terms of service

Last Updated: July 2024

OVERVIEW 

This website located at www.shophomemed.com (the “Website”) is operated by ShopHomeMed.com (“we,” “us,” or “our”).

Please read these Terms of Service carefully before accessing or using our Website.

By visiting our Website and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including our Privacy Policy found here and any additional terms referenced herein and/or available by hyperlink which are all incorporated herein. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

If you do not agree to all the terms and conditions of these Terms of Service or our Privacy Policy, then you may not access or use the Website. 

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. 

IMPORTANT NOTICE: Section 14 of these Terms requires that any disputes relating to these Terms, or the Website, must be resolved exclusively through binding individual arbitration. By agreeing to these Terms, you are waiving any rights to participate in a class action lawsuit or to a jury. 

SECTION 1 -  WEBSITE ENGAGEMENT 

Text Messages & Marketing. We use an automated text messaging platform to send you notifications about your orders and marketing updates. The Website presents various opportunities to share your phone number and consent to these messages. You acknowledge that your consent is not a condition of any purchase. For full details on our text messaging program, please visit our ProHeal Products Messaging Terms & Conditions here.

If you do not want to receive any promotional or marketing emails from us, you may opt-out by clicking the unsubscribe link within each promotional message.

Children. Our Website is not intended for use by children under the age of 13.

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 Website. 

Access and Use. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users for any reason.

To access the Website or some of the resources it offers, you may be asked to create an account. Any information you provide on the Website must be correct, current, and complete. 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, if, in our opinion, you have violated any provision of these Terms of Service.

SECTION 2 – INTELLECTUAL PROPERTY 

All contents, features, and functionality (including but not limited to all information, software, text, trademarks, logos, displays, images, video, and audio, and the design, selection, and arrangement thereof) included in the Website are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not copy distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works, republish or transmit the Website, in whole or in part, or in any way without our prior written consent. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

You may not use any name, logo, tagline or other mark of belonging to us without our prior written consent. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website 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 Website is at your own risk. 

SECTION 4 - PRODUCTS AND PRICES 

Products. 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. 

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. 

We reserve the right, but are not obligated, to limit the sales of our products or offerings 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 any time without notice, at the sole discretion of us. We reserve the right to modify or discontinue any product or offering (or any part or content thereof) without notice at any time. Any offer for any product or service made on this Website 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 on the Website in connection therewith will be corrected. 

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

Prices. Prices for our products are subject to change without notice. 

SECTION 5 – CANCELLATIONS

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 keep your contact and billing information up to date and accurate so we can complete your transactions or contact you as needed.

SECTION 6 - THIRD-PARTY CONTENT, LINKS, TOOLS, AND FEATURES

Certain content, tools, features, products, functionality, and services available via our Website may  be provided by or include material from third-parties. 

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for the content, accuracy, completeness, timeliness, or reliability of such third-party websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of such third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-parties. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to that third-party. 

The inclusion of any third-party material does not imply that we have endorsed that third-party or have any association with such third-party.

SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

User Contributions. The Website may contain reviews, testimonials, discussion forums, and other types of user generated content where you or other users may create, post, or store any content, messages, or other material on the Website (e.g. images, audio, video, logos, emails, texts etc.) (collectively, “User Contributions”). You understand and acknowledge that you are responsible and assume any risk for any User Contributions, including the legality, reliability, accuracy, and appropriateness of such content. We neither endorse nor are responsible for any User Contributions and will not be liable for any loss or damage caused by your reliance on such User Contributions. 

YOU SHALL BE SOLELY LIABLE FOR ANY HARM RESULTING FROM ANY OF THE ABOVE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIMS, ACTIONS, LOSSES, HARM, DAMAGE, INJURY, COST, OR EXPENSE ARISING OUT OF OR RESULTING FROM YOUR USER CONTRIBUTIONS.

Feedback. 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, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you forward to us. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback. 

User License. By contributing any Feedback or User Contributions through the Website, you grant use, our service providers, licensees, successors, and assigns, a non-exclusive, sub-licensable, fully paid, royalty free, perpetual, irrevocable, transferable right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties your Feedback and User Contributions for any purpose. 

Community Courtesy. You agree that any User Contributions or Feedback by you will not contain material that: 

(a) is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, discriminatory or otherwise objectionable; 

(b) is false, misleading or inaccurate; 

(c) promotes sexually explicit content; 

(d) violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;

(e) poses a reasonable threat to personal or public safety; 

(f) infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; 

(g) contains any unsolicited or unauthorized advertising or promotional materials (e.g. spam, junk mail, or any other form of solicitation that is in violation of the CAN-SPAM Act, GDPR, or any other law; or 

(h) contains any virus or other harmful component. 

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.

SECTION 8 – RESTRICTION ON USE

You agree not to access or use the Website for any purpose that is unlawful or prohibited by these Terms, including without limitation, to:

(a) transmit any information or message that contains unlawful, infringing, threatening, fraudulent, libelous, defamatory, obscene or abusive information or language;

(b) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

(c) impersonate any person or entity without proper authorization from that person or entity;

(d) falsely state or misrepresent your affiliation with any person or entity, including the origin of any information you provide;

(e) reproduce, duplicate, copy, download, store, further transmit, disseminate, distribute, transfer, or otherwise exploit the Website, or any portion thereof, except that content on the Website may be viewed, reproduced, and downloaded solely for your own authorized use as a paying customer and is not in use or shared in any way that is commercially prejudicial to or competitive with us;

(f) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website, or attempt to probe, scan, test the vulnerability of, or breach the security of any of our systems or networks;

(g) interfere with or attempt to interfere with any software making up a part of the Website, by way of circumvention, reverse engineering, deciphering, decompiling, disassembling, decrypting, or otherwise;

(h) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technically harmful;

(i) use any robot, spider, intelligent agent, other automatic device or manual process to search, monitor, or copy the Website, or the reports, data, information, content, software, products, or other materials on, generated by or obtained from the Website or any other unauthorized automated means to compile information without our permission, with the exception of generally available third-party web browsers;

(j) obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Website;

(k) use the Website in any manner that could damage or overburden any our servers, or any network connected to any our servers, as all servers have limited capacity and are used by many people;

(l) upload or transmit any communication, software, or material that contains a virus or is otherwise harmful to us or our users’ computers and/or systems;

(m) engage in any other conduct that restricts or inhibits any person from using or enjoying the Website, or that in our sole discretion, exposes us or any of our users, employees, affiliates, or any other third-party to any liability, damage, or detriment of any type;

(n) advertise, offer to sell or buy any goods or services for any business purpose, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; or

(o) violate any applicable laws or regulations.

Violation of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Website for any or no reason at any time without notice.

SECTION 9 - DISCLAIMER

Occasionally there may be information on our Website 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 on the Website at any time without prior notice (including after you have submitted your order). 

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

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, TIMELINESS, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WE DO NOT WARRANT OR REPRESENT THAT THE WEBSITE WILL BE UNINTERUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, TITLE, SECURITY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 10 - LIMITATION OF LIABILITY 

In no case shall ShopHomeMed.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for damages of any kind, under any theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, or our products and other offerings, including any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation, personal injury, pain and suffering, emotional distress, damage to property, lost profits, lost revenue, lost savings, loss of data, replacement costs, loss of business, loss of goodwill, computer and/or device technology failure or malfunction, any alleged failure or performance error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the Website, or any alleged transmission of computer virus, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, even if foreseeable. 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.

IN NO EVENT SHALL SHOPHOMEMED.COM’s LIABILITY EXCEED THE AMOUNT(S) PAID FOR THE PRODUCT OR OFFERING THAT IS THE SUBJECT OF THE CLAIM. 

SECTION 11 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless ShopHomeMed.com and our parents, 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 (a) your breach of our Terms, (b) your User Contributions or Feedback, (c) your use of our Website’s content, products, or offerings other than as expressly authorized in these Terms, or your use of any information obtained from this Website, and (d) your violation of any law or the rights of a third-party.

SECTION 12 - 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 13 – NO WAIVER, 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, our Privacy Policy, and any policies or operating rules posted by or linked to by us constitute the entire agreement and understanding between you and us and govern your use of the Website, 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 14 – DISPUTE RESOLUTION

Governing Law. All matters relating to the Website and/or these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Mandatory Arbitration. Any legal suit, action, or proceeding arising out of, or related to, our Terms or the Website shall be instituted exclusively through binding individual (not class) arbitration before one (1) arbitrator, under the Rules of Arbitration of the American Arbitration Association (“AAA”) in New York County, New York. If there is any conflict between the AAA rules and these Terms, these Terms shall govern. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

THERE IS NO JUDGE OR JURY IN ARBITRATION. You waive any and all objections to the exercise of jurisdiction over you by the AAA.

Class-Action Waiver. You expressly waive any ability to maintain any class action in any forum. Any arbitration, claim, or other proceedings between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. 

SECTION 15 - CONTACT INFORMATION 

Questions about these Terms of Service should be sent to us at Support@ProHealProducts.com or call 772-776-4325