Terms

Prosein U.S.A. provides you with limited access to our website, www.prosein.us (hereinafter the "Web Site"), subject to the following Terms of Use. In using this Web Site, you are deemed to have read and agreed to the following Terms and Conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing US Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The U.S. and international privacy and copyright laws have created specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

 

You agree that other than personally identifiable information subject to Web Site’s Privacy Policy, any information, suggestions, ideas, concepts, know-how, techniques, or other communication you post or transmit to the Web Site in any manner ("User Communication") are and will be considered non-confidential and non-proprietary. Therefore, do not transmit to the Web Site any information, suggestions, ideas, concepts, know-how, techniques, or other communication you wish to be kept confidential or for which you expect or wish to receive acknowledgement, attribution, or compensation of any kind.

Your submission of personal information through the Web Site is governed by The Web Site’s Privacy Policy, which is available upon request to the company.

Certain areas of the Web Site may require registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your username, password and any other information relating to your account confidential.  The protection of your username and password is your responsibility.  If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for making such party aware of these Terms of Use and for the use of the Website by such party in accordance therewith.

Some of the products listed on the Web Site may only be available in limited quantities and may not be available after all stock of an item is sold. When an item is no longer available, we take reasonable steps to remove that item from the Web Site in a timely manner. Many products listed on the Web Site are also available in The Company’s retail stores or show room. Further, certain promotional prices listed on the Web Site are internet-only specials and do not reflect the prices at The Company show room or retail stores.

 

You understand and agree that some products are natural product subject to variations in size, color, shade, veining, texture, and polish. These variations are what make natural products unique. Displays on the Web Site are intended to convey the characteristics of a certain type of products, but variations will occur. You understand that the product’s conformity to a display is not assured.

We reserve the right to refuse, limit, or cancel any order placed on the Web Site. In the event that any product is listed with an incorrect price due to any error, The Company shall have the right to cancel any orders placed for any incorrectly priced items. The Company shall have the right to cancel any such orders regardless of whether a credit card has been charged

We are in compliance with the USA Data Protection Laws, and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our suppliers if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

You understand and agree that you are solely responsible for maintaining the confidentiality of any passwords associated with your use of the Web Site. You agree that you are responsible for any purchases made under your account. If you become aware of any unauthorized use of your account, you must immediately notify The Company Customer Service.

Exclusions and Limitations. The materials and information on this Web Site is provided on an "as is" basis. To the fullest extent permitted by law. All information on this Web Site regarding products and services (the “Content”) provided by The Company and included in the Web Site has been compiled from a variety of sources, and is subject to change without notice. as are any products, programs, offerings, or technical information described in the Web Site. The Company makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web Site or Content, or the suitability, functionality, or operation of the Web Site or its Content. The Company disclaims any duty to update or revise any content on the Web Site, although it may modify content at any time without prior notice. By using the Web Site, you assume the risk that the Content on the Web Site may be inaccurate, incomplete, or may not meet your needs and requirements. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE WEB SITE AND CONTENT. IN NO EVENT, SHALL THE COMPANY, ITS AGENTS, OR EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION (WHETHER OR NOT THE LOSS OF SUCH PROFITS WAS FORESEEABLE, AROSE IN THE NORMAL COURSE OF THINGS O YOUR HAVE ADVISE THE COMPANY OF THE POSSIBILITY OF SUCH POTENTIAL LOSS), LOSS OF PROGRAMS, OR OTHER DATA ON YOUR COMPUTER SYSTEM, INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO RESPONSIBLITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER SYSTEM, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, US OF, OR BROWSING THE WEB SITE OR YOUR DOWNLOADING OF ANY CONTENT AND INFORMATION FROM THE WEB SITE OR ANY OTHER DIRECT OR INDIRECT, CONSEQUENTIAL AND INCIDENTAL DAMAGES.  THIS COMPANY DOES NOT HOWEVER EXCLUDE LIAILITY FOR DEATH OR PERSONAL INJUR CAUSED BY ITS NEGLIGENCE.

 

Reasonable efforts are taken to ensure the accuracy and integrity of all information provided here, but The Company is not responsible for misprints, out-of-date information, or errors. The Company reserves the right to make changes or improvements at any time. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

You agree to indemnify and hold The Company, its officers, directors, employees, representatives, shareholders, parents, affiliated entities, agents, successors, and assigns harmless from and against any loss, damage, or expense (including reasonable attorney fees and legal expenses) incurred in connection with any third-party claim, demand, or action arising from or in connection with your breach of these Terms of Use.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Like most interactive web sites this Company’s Web Site uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. 

You may not create a link to any page of this Web Site without our prior written consent. If you do create a link to a page of this Web Site, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Web Site by linking to it.

Certain links on the Web Site lead to resources located on servers that are not maintained by The Company and are not under the control of The Company. The Company is not responsible for the contents of any such referenced Web Sites or for the availability of access to such Web Sites. If you decide to use these links, you do so at your own risk.

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this Web Site.
This Company’s logo is a registered trademark of this Company in the United States and other countries and protected by U.S. and international copyright laws. In addition, unless otherwise noted, all content included on this site, such as brand names, specific services, text, graphics, button icons, images, audio clips, video clips, projects, project templates, and software feature on this website, including but not limited to the Company’s design, are trademarked and are the exclusive intellectual property of the Company.

 

Nothing contained herein or on the Web Site grants any license or right to use any trademarks, trade names, service marks, or logos displayed on the Web Site without written permission of the Company or the third-party owner. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited.

 

The Company’s intellectual property may not be used in connection with any product or service that does not belong to The Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Company.

Your use of the Web Site is conditioned on your agreement not to use the Web Site for any purpose that is unlawful or prohibited by these Terms of Use. You are prohibited from and agree that you will not post, send, submit, publish, or transmit in connection with the Web Site any material that: (i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity); (ii) advocates illegal activity or discusses an intent to commit an illegal act; (iii) is vulgar, obscene, pornographic, or indecent; (iv) collects information about others, including e-mail addresses, without their consent; (v) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) (vi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or (vii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone or general email.

This company is registered in the United States, office: 8975 NW 25th St., Doral FL 33172.

General.

  1. These Terms of Use will be governed by and construed in accordance with the laws of the State of Florida, of the United States of America. Any claims, legal proceeding or litigation arising in connection with these Terms of Use of the use of the Web Site will be brought solely in the Miami Dade County courts, Florida, and you consent to the jurisdiction of such court.

If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

International Users.  The Company Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.  These references do not imply that the Company intends to announce such Services or Content in your country.  The Company Properties are controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Company Properties are appropriate or available for use in other locations.  Those who access or use the Company Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the Web Site will signify your acceptance of any adjustment to these terms. If there are any changes to our Web Site and/or our Privacy Policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our Web Site Customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our Web Site and/or privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and us. You’re accessing of this Web Site and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

These Terms of Use (including our Privacy Policy and any other documents or policies appearing on the Web Site) constitute the entire agreement between you and The Company with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.