This Agreement is a binding legal contract between Prosper Wellness (also referred to as “Publisher,” “we,” “us,” or “our”) and the end user (“User,” “you,” or “your”) that governs your use of one or more of Publisher’s online properties, websites, email lists, and including, without limitation, all content such as text, information, images, applications and audio (collectively, “Content”) and all services (“Services”) made available to you through the Publisher by us and/or third-parties (this website and the Content and Services are collectively referred to herein as the “Site”). Site refers to the pages within the Publisher’s websites and emails.
By using Publisher’s Content and Services in any manner whatsoever, you indicate your conclusive acceptance of this Agreement. If you do not agree to this Agreement, do not access or use this Site in any manner whatsoever.
Medical Information Disclaimer:
The information presented by this publishing in email and online web pages is for entertainment, educational and informational purposes only and should not be relied upon as qualified health or medical advice. Any action or changes you make based on the information is solely at your own risk and expense. Readers are advised to consult a qualified healthcare professional about any issue concerning their health and wellness.
Individual Results Will Vary:
YOU AGREE TO CONSULT YOUR DOCTOR BEFORE BEGINNING ANY EXERCISE OR DIET PROGRAM OVER THE SITE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME ANY AND ALL PHYSICAL, HEALTH, AND OTHER RISKS INVOLVED IN ANY EXERCISE OR DIET PROGRAM OR IN TAKING ANY HEALTH SUPPLEMENTS OR PRODUCTS.
Every person has a different body and history, and, therefore, individual results will vary from user to user. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU, SUCH AS YOUR HEALTH, GENETICS, DIET, AND LEVEL OF EXERCISE.
No Medical Diagnosis or Treatment
For our health sites and properties, we are committed to helping you get healthy and fit, feel better, lose weight if you so desire, and to improve your lifestyle. You understand, however, that our products, services, and the statements on the site have not been evaluated by the Food & Drug Administration or Medical Professionals, and our products, services and the information on the site (including affiliate or third-party products and services) are not intended to diagnose, treat, cure, or prevent any health problems, illnesses, or diseases. The information on the site or provide to you in emails or other communications is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You further understand that our products and services are not intended for use by persons under 18 years of age and that the products and services are not to be used to treat any type of medical condition or health problem. The dietary needs of minor children and persons with medical conditions are different from those of healthy adults. You agree that you either have consulted, or will consult, with a physician or doctor before using any of our health products or services, particularly if you suffer from any medical condition including, but not limited to: heart disease, high blood pressure, obesity, blood circulation problems, breathing problems, or any other conditions or disorders, and you agree that you will cease immediately from using our products and services if you experience any ill effects or unintended side effects.
We do not warrant or represent that your results will match those of others who use our products or services. Your results will vary.
The disclaimers described above, and throughout this page, are inapplicable where prohibited by law.
Food Allergy Disclaimer
We make every effort to provide accurate nutrition, supplement, and ingredient information for every product on our sites. We take product safety very seriously. However, there is always a risk of cross-contamination. There is also a possibility that manufacturers of the products we use and make could change the formulation at any time, without notice.
Please be aware that our facility may handle nuts, gluten, dairy products and foods that contain nuts, gluten, dairy products, or nut oils.
Customers concerned with food allergies need to be aware of these risks and understand that the consumption of supplements provided by us is made at their own risk.
Email from this Publisher
1990 Depew St. #140690
Edgewater, CO 80214
Electronic unsubscribe requests take effect immediately. If you wish to unsubscribe through other methods of contact, please allow up to 10 business days to process requests manually.
Keep in mind if you opt-in to another website property we operate using a different email address, you may still receive materials from us at that new address.
Using Our Site
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use our Site only for the purpose of learning about and purchasing our Materials. You may not make any other use of our Site, including any other commercial uses, or use our Site on behalf of any third party, except as explicitly permitted by us in advance.
Subject to the license provided above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing.
We reserve the right to refuse service, cancel orders of our Materials, terminate user support accounts and/or access to the Site and/or related sites at our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to the best interests of us.
Various pieces of identifying information, including without limitation, e-mail addresses and passwords may be used to authenticate your identity should you need to access our Site and/or related sites. By using our Site you agree that this method and form, or other methods and forms, of authentication are acceptable to you. You will be solely responsible for all access to and use of this Site and/or related sites by anyone using your identifying information, whether or not such access to and use of this Site and/or related sites is actually authorized by you, including without limitation, all communications and transmissions and all effects resulting from unauthorized access or use.
Any downloads (purchased or otherwise) from our Site or any related sites or hosting systems are done at the user’s own risk. No warranty is given that downloads or sites are free of corrupting computer code, viruses, and/or worms. Any information provided may need to be downloaded using third party software (for example, Acrobat or Flash Player) and it is the user’s responsibility to obtain, install, and maintain any such software.
Using Our Materials
Subject to the terms and conditions of this Agreement, and upon purchase of our Materials, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the purchased Materials for the personally benefiting purposes discussed therein. You may not make any other use of our Materials, including commercial uses, or use our Materials on behalf of any third party, except as explicitly permitted by us in advance.
Subject to the license provided above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, or otherwise exploit our Materials or any portion of them unless expressly permitted by us in writing.
In using our Materials, it remains your responsibility to comply with any and all applicable local, state, and federal codes, regulations, and laws regarding building standards, inspection requirements, permitting requirements, public safety standards, and other relevant concerns. This includes any applicable Homeowners Association rules and/or Homeowners Insurance guidelines. You should contact professionals and/or experts for assistance and/or advice as is necessary to safely and properly complete any implementation of the methods and systems described in the Materials. You are responsible for your actions, and agree to indemnify us and/or hold us harmless for any loss, injury, death, claim (whether valid or invalid), judgment, suit, proceeding, damages, costs and/or expenses of any nature whatsoever arising from any action taken by you when using or misusing information in the Materials.
All products from us or our related companies are strictly for informational purposes only. While all attempts have been made to verify information provided on our website and in the publications, neither the Authors nor the Publishers assumes any responsibility or liability. The Authors and Publishers disclaims any responsibility for the accuracy of the content, including but not limited to errors or omissions. Loss of property, injury to self or otherwise, or even death can occur as a direct or indirect consequence of the use and application of any content found herein.
You may have been directed to our Site by virtue of an Affiliate. Affiliates are independent contractors. Affiliates are not our employees or agents. We do not accept any liability for the statements that Affiliates make concerning our Site and our Materials. You are advised to read Affiliate statements closely to ensure that the Affiliate’s statement fairly and accurately represents our Site and our Materials.
Testimonials & Interactive Areas, including Polls and Blog Post/Article Comments
We are always pleased to hear from our customers and welcome their comments regarding our products and services. Testimonials represent the unique experience of the individual providing the testimonial, and do not necessarily reflect the experience that you may have using our products and services. Your results will vary. If you submit a testimonial, product review, or other statement to us, or publish a testimonial, product review, or other statement in other media, including social media, you grant us the irrevocable and worldwide right and license to use it and any other information provided by you in connection with it in any and all forms of media without any compensation to you.
You also may be permitted to access and use the user generated content systems such as discussion forums, polls, commenting systems, rating and review systems, blogging systems, and other forms of electronic communications available through the Site (“Interactive Areas”). If you participate in or use any Interactive Area, you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the content you may post on or using these Interactive Areas. We make no representation that your use of the Interactive Areas will comply with applicable laws or that they were designed to comply with the applicable laws.
You also expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third-party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Site. You further expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called “spam” or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Site, computer systems or networks connected to the Site, through password mining or any other means; or (g) interfere with another user’s use and enjoyment of the Site.
When posting a review or rating about anything listed on the Site, your comments must be specific, written from your personal experience and intended to help other users of the Site make more informed decisions. Any generalized attempt to damage the reputation of any product, service or business listed on the Site may be removed at our sole discretion and you may be held personally liable by the individual or entity your comments affect.
We do not and are not responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified by one of our users of any material that is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine at our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. We reserve the right to edit or delete any material posted on our Site, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. We also do not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN ANY PART OF THIS SITE INCLUDING ITS INTERACTIVE AREAS AND YOUR USE OF THOSE AREAS IS AT YOUR OWN RISK.
You hereby grant to this Publisher a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the Interactive Areas by all means and in any media now known or hereafter developed for any use or purpose.
Advertisements and Links to Third Party Sites
Our Site may contain links to other sites that are not owned or operated by us (“Third Party Sites”). You agree that We are not responsible for these Third Party Sites, inclusive of problems related to their operation or content. This Publisher’s Content includes advertisements and other types of links to third-party websites including but not limited to co-branded links, links to services, references and promotions in Content. These third-party websites are not under this Publisher’s control and we are not responsible for any linked third-party websites or for the content, products and/or services they provide. YOUR USE OF LINKED THIRD-PARTY WEBSITES IS AT YOUR RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITES. UNLESS EXPRESSLY STATED BY US, WE DO NOT RECOMMEND OR ENDORSE THE CONTENT, PARTICULAR PRODUCTS, SERVICES OR WEBSITES OF ANY THIRD-PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH CONTENT, PRODUCT, SERVICE, OR WEBSITE MAY BE ACCURATE, NECESSARY OR APPROPRIATE FOR YOU OR FOR YOUR USE.
This Publisher uses third-party advertising companies to provide banner ads, links and text-based advertisements which are presented in various parts of the Publisher’s content. Advertising companies may use information about your visits to this and other Websites in order to provide more targeted advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
All text, graphics, photographs, icons, buttons, audio, video, and software (collectively “Content”) of the Site and the Materials belongs to us, the Publisher. In addition to protection of each copyrighted work comprising our Content and Materials, the various collections and arrangements of all such Content and Materials are protected as compilations under United States and international copyright laws. Except as provided in the license above, you may not use our Content without our express written permission.
The text marks Prosper Wellness, Prosper CBD (and any related design marks) are trademarks (or service marks) of Prosper Wellness (“The Prosper Wellness Trademarks”). All other marks used on our Site are trademarks of their respective owners.
Subject to applicable law, you may not use the The Prosper Wellness Trademarks without our express written permission. You may not use the The Prosper Wellness Trademarks in connection with any product or service, or in any other way, which is likely to create confusion or disparages or dilutes The Prosper Wellness’ trademark rights.
You agree that we (or our Content Providers) own all worldwide rights, titles and interests in and to the Site and all intellectual property rights therein. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this Agreement.
Order Placement and Acceptance
You agree that any products or services that you purchase from us and/or our Sites will be used for your personal, non‐commercial use. You agree that you will not re‐sell, re‐distribute, or export any product that you order from the Site.
If you are enrolling in our subscription program or ordering a product or service, payment must be received by us before your enrollment or order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and we may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately using information on our Contact Us page in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, your payment will be refunded to the card provided at the time of checkout.
Your order is conditioned upon you reaffirming your agreement to this Agreement. Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order.
We do not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Site. If we discover that you are placing orders with the intent to resell items offered on the Site, we will immediately cancel your order, suspend or terminate your account, and, at our option, pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen cards, we will report you to federal, state, and/or local enforcement authorities and take any additional legal action deemed appropriate by us
We reserve the right 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 at our sole and exclusive discretion.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
Return & Refund Policy
We offer a lifetime, 100% Money Back satisfaction guarantee on all our products. Just contact us via the information on our Contact Us page for a return label and/or to receive your refund. We issue refunds at the time they are requested by the customer, but it can take 24-72 hours for it show up on your credit card statement. So it could be up to 4 days from the time you ask for a refund for it to show up on your credit card.
We offer various types of subscriptions. We only offer them to customers who explicitly choose a subscription option or tell us they would like one. We NEVER do ‘forced continuity’, hidden auto-ship, or sign our clients up for memberships without their express consent.
By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by us after the expiration date of your payment card.
Automatic Monthly Renewal Terms
If and only if you signed up for a subscription program, your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.
Cancellation Policy for Monthly Subscription Renewals
Our goal is to make cancellation easy and hassle free. To cancel your Monthly Subscription at any time, simply email Barb@healthylivingassociation.org or contact us via our contact information provided on our Contact Us page with the plan you want cancelled. There are no other requirements. If you cancel, you may use your subscription until the end of your then-current subscription term.
Orders received will begin processing the next business day unless it is a holiday. Our fulfillment centers observe most federal holidays. Orders typically ship out within 48 hours of being placed, and typically take 3-7 days to be delivered in the contiguous U.S. International, Hawaii, and Alaska orders often take longer. We use all major shipping companies to ship our products based on the weight and size of the order. We use USPS, FedEx, DHL, and UPS to ship our products.
Accuracy of Account and Billing Information
You agree to provide current, complete, and accurate name, contact, and payment account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit and other payment card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse or limit any order you place with us. We reserve the right to cancel any order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to us, or for any other reason that we, in our sole discretion, believe appropriate.
If you choose to enroll in any of our subscription offers using a credit card and your credit card fails to process for a subsequent shipment, you agree that we may continue attempting to process your payment as well as contact you on any phone number (including a cell phone number) or e‐mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection. In the event we start collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided below.
Procedure for Making Claims of Copyright Infringement
This Publisher respects the intellectual property of others. We cannot possibly monitor all the user generated content on the website and have no responsibility to do so. If you believe that another user has posted your copyrighted work in a way that is accessible on the Site and constitutes copyright infringement, please contact us to report possible copyright infringement. When contacting us, please provide the following information to our legal agent: A full description of the copyrighted work that you claim has been infringed; the URL where the material that you claim is infringing is located on the site; your name, address, telephone number, and e-mail address; a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
With any issue, please contact us via the information on the Contact Us page
In the event you are able demonstrate ownership of copyrighted content which you did not authorize another user to publish, and you wish for the content to be removed, Publisher will remove the copyrighted content from the site or if authorized may modify the content to indicate its proper owner including a link to the original owner’s website.
Disclaimer and Limitation of Liability
This Site and the goods and services provided in connection with it are provided on an “AS IS” basis. We make no representations or warranties of any kind, express or implied, as to the operation of our Site or the goods and services provided in connection with our Site. Particularly, we make no representations or warranties as to the effect, results, and/or probabilities of success of any specific or general implementation of the methods and systems described on our Site and Materials. Furthermore, we make no representations or warranties as to the accuracy of the Materials, including but not limited to errors or omissions. To the fullest extent permitted by law we disclaim all warranties, either express or implied. We do not warrant that our Site will be error free. From time to time orders of Materials through our Site will be delayed or may not be fulfilled. We shall in no way be consequentially liable to you for cancelled, terminated, or otherwise unfulfilled orders.
To the fullest extent permitted by law, We disclaim liability for any damages of any kind arising from your use of our Site and/or Materials, including but not limited to indirect, incidental, punitive, exemplary, special or consequential damages.
Exclusion of Damages
UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
Applicable Law and Disputes
This site is created and controlled by a Colorado, USA entity. As such, the laws of the State of Colorado will govern these terms, and conditions, without regard to conflicts of laws.
Any dispute relating in any way to your visit or use of our Site and/or Materials shall be submitted to confidential arbitration in Wheat Ridge, Colorado except that, to the extent you have in any manner violated or threatened to violate its intellectual property rights, We may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of the terms of this Agreement, (2) your unauthorized or unlawful use of the Site, and (3) the unauthorized or unlawful use of the Site by any other person using your IDs.
If any part of the Agreement is held invalid and/or unenforceable in a court of law, any remaining portions shall remain in full force and effect. Our failure to enforce, or decision not to enforce, any provision of the Agreement shall not be considered a waiver of such provision, nor of the continuing right to enforce any and all such provisions.
Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. We may terminate this Agreement and your right to access and use the Site, or any part thereof, at any time, with or without cause. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Site. The following sections of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever: Intellectual Property Ownership, General Disclaimers, Exclusion of Damages, Indemnity, Entire Agreement, Termination, and Other. We reserve the right to discontinue or make changes to the Site at any time.
Assignment and Enforcement
We may assign this Agreement, in whole or in part, at our sole discretion. You may not assign your rights under this Agreement without our prior written permission. Any attempt by you to assign your rights under this Agreement without our permission shall be void. The waiver by us of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.