[Privoro, LLC] ("Privoro") extends the following exclusive, limited warranty (the "Limited Warranty") to you, the original purchaser of the Privoro Product ("You"). The Limited Warranty extends only to You and is not transferable to anyone who subsequently purchases, leases, or otherwise obtains the Product from You, and applies only to Your personal or business use of the Product. The Limited Warranty is valid only for Products purchased directly from Privoro or from authorized resellers in authorized distribution territories as defined by Privoro and listed on the Privoro website at the time of purchase (the "Distribution Territory"). Unauthorized use or resale of the Product shall render this Limited Warranty null and void.
Privoro warrants that its products will be free from defects in materials and workmanship for the Limited Warranty period. During the Limited Warranty Period Privoro will, at its option: (1) provide replacement parts necessary to repair the product; (2) repair the Product or replace it with a comparable product; or, at Privoro's option, (3) refund to You an amount equal to the remaining limited warranty period of the Product (calculated as follows: the amount You paid for the Product, divided by twelve, multiplied by the number of months remaining on the one-year limited warranty period). Replacement parts and replacement Products will be provided only within an authorized Distribution Territory; will be new or serviceably used, comparable in function and performance to the original part or Product; and will be warranted for the remainder of the original warranty period or, if longer, 90 days after they are shipped to You.
Terms and Conditions (Exclusions and Limitations)
Term.
The Warranty Period for Privoro Products is twelve (12) months from the date of original purchase to You, so long as the Product remains in the possession of the original purchaser. Normal wear and tear is specifically not covered by the Limited Warranty.
Limitations and Exclusions (What is Not Covered)
This Limited Warranty does not cover, and Privoro is not responsible for:
Instructions for Obtaining Limited Warranty Service.
To obtain warranty service, first contact Privoro Customer Support by email or telephone:
You may be asked to assist Privoro in diagnosing issues with your Product prior to returning the Product to Privoro, and You agree to provide such assistance. If so requested, you must deliver the Product in either its original packaging or packaging affording an equal degree of protection to the Privoro authorized service facility specified. A dated purchase receipt is required. Privoro may require that you ship the Product or certain parts back to Privoro. If it is determine that the Privoro Product must be returned for inspection, repair, or replacement, Privoro will provide You with shipping materials and a Return Materials Authorization ("RMA") number. You are responsible for paying all freight charges incurred in shipping the defective parts or Product back to Privoro, provided that Privoro will refund the costs incurred if a valid warranty claim is made. You are responsible for assuring that all parts and components are returned to Privoro, and that no personal or third party items or components are sent to Privoro. Privoro will not return and is not responsible for loss or damage to personal or third party items erroneously sent to Privoro. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE PRODUCT DURING SHIPMENT TO PRIVORO OR THE AUTHORIZED PRIVORO SERVICE CENTER.
Implied Warranties
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. PRIVORO DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IS LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY.
Limitation of Liability
PRIVORO SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. PRIVORO'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR THE PRODUCT. PRIVORO IS NOT LIABLE TO YOU FOR EVENTS BEYOND PRIVORO'S CONTROL, ACTS OF GOD, VIRUSES, PROPERTY DAMAGE, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, HOWSOEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This Limited Warranty gives you specific legal rights and you may have other rights which vary from state to state, or by jurisdiction. To the extent limited or restricted by state or local law, these limitations shall apply to the full extent allowable under such law.
Unauthorized Repairs
Any attempt to repair the Product may create a risk of injury. PRIVORO IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY ARISING FROM ANY PERSONAL INJURY INCURRED DURING THE COURSE OF, OR AS A RESULT OF, ANY REPAIR OR ATTEMPTED REPAIR BY YOU OR ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN. All repairs attempted by You on the Product are undertaken AT YOUR OWN RISK and Privoro shall have no liability for any injury to person or property arising from such unauthorized repairs
International Support
Support, including repair and replacement, is provided only in authorized Distribution Territories. You are responsible for and must comply with all applicable export laws and regulations if You export the Product from the original place of purchase. Customers outside the United States are responsible for paying all freight and brokerage charges incurred in shipping (including importing/exporting costs) any defective parts to Privoro. International Customers are responsible for all customs duties, VAT, GST and other associated taxes and charges.
General
This Limited Warranty Statement provides the entire obligation of Privoro with regard to repair, replacement or support of the Product. The Limited Warranty Statement shall not be modified, altered, amended, or supplemented without the written agreement of Privoro which specifically states that such writing is intended to modify, alter, amend or supplement this Limited Warranty Statement. Any additional or altered terms shall be null and void, unless expressly agreed to in writing by Privoro. If any term of this Limited Warranty Statement is determined to be illegal or unenforceable, the legality or enforceability of the remaining provisions shall not be affected or impaired. This Limited Warranty Statement and any sales or obligations created hereunder shall be governed by the laws of the State of Arizona, without regard to the impact of any conflict of laws rules thereunder.
This Limited Warranty gives you specific legal rights. You may also have other rights which vary from state to state, jurisdiction to jurisdiction, or province to province.
This Limited Warranty was last updated on January 4, 2016.
This Privoro Extended Warranty Plan Agreement (the "Agreement") is provided to you, the original purchaser ("You" or "Customer") in connection with the original purchase of a Privoro Product. The terms of this Agreement together with any applicable Privoro Limited Warranty Statement comprise the entire agreement between Customer and Privoro, LLC ("Privoro," "We," or "Us") with respect to repair or replacement of any Privoro Product. The Extended Warranty Plan extends only to You and is not transferable to anyone who subsequently purchases, leases, or otherwise obtains the Product from You, and applies only to Your personal or business use of the Product. The Extended Warranty Plan is valid only for Products purchased directly from Privoro or from authorized resellers in authorized distribution territories as defined by Privoro and listed on the Privoro website at the time of purchase (the "Distribution Territory"), and any request for services under the Extended Warranty Plan must be made in the same country or authorized Distribution Territory in which the Product was originally purchased. Unauthorized use or resale of the Product shall render this Extended Warranty Plan null and void.
Supported Products
This Service is available on supported products which include the Privoro Privacy Guard for smartphones and for computers ("Supported Products"). The specific Product covered under this Agreement is described on your invoice or proof of purchase documentation.
Term of Service
This Agreement commences on the date of original purchase and continues through the Term of Service. The "Term of Service" begins on the date of original purchase and extends for two (2) years. Unless otherwise agreed in writing between Privoro and the Customer, purchases of Services under this Agreement shall be solely for Customer's own internal use and not for resale or service bureau purposes.
Plan Benefits
The Extended Warranty Plan has two features: (1) extended term of limited warranty coverage and (2) an accidental damage recovery benefit.
Extended Term. The Extended Warranty Plan Period covers defects in materials or workmanship during the Term of Service. During the Term of Service, Privoro will, at its option: (1) provide replacement parts necessary to repair the product; or (2) repair the Product or replace it with a comparable product. Replacement parts and replacement Products will be provided only within an authorized Distribution Territory; will be new or serviceably used, comparable in function and performance to the original part or Product; and will be warranted for the remainder of the original warranty period or, if longer, 90 days after they are shipped to You.
Accidental Damage. The Extended Warranty Plan covers ONE (1) claim for repair or replacement due to accidental breakage or damage, including damage due to moisture or immersion, during the Service Period. Repair or replacement due to accident or exposure is subject to your payment of a DEDUCTIBLE payment of One-Hundred-Twenty-Nine Dollars ($129.00). Upon receipt of the deductible payment, Privoro will replace the damaged Product with a comparable new or like-new Product. Once the damaged Product has been replaced under this Plan, the Accidental Damage benefit has been completely satisfied, and Privoro shall have no further responsibility or obligation for damage or Product failure due to any causes listed in Section 4 (Exclusions).
Limitations and Exclusions (What is Not Covered)
This Extended Warranty Plan does not cover, and Privoro is not responsible for:
Delivery, assembly, installation, set-up, or adjustment for original or replacement Products or labor or other costs associated with removal or replacement of the Product
Damage caused by misuse; abuse (including dented, bent, broken, or damaged connectors due to rough handling); accident; fire; flood; wind, lightning, freezing, or other natural weather or exposure conditions of any kind; corrosion or other damage caused by exposure to water, liquid content or excessive humidity; neglect; theft; vandalism; misplacement; power surges, fluctuations, reductions, or failures; connections to improper voltage or incorrect electrical line voltage; viruses; malware; reckless, willful, or intentional conduct; or any modification or use of the Product that is not authorized or recommended by Privoro (except that damage caused by accident or water exposure may qualify for one-time replacement subject to a DEDUCTIBLE payment of $129.00)
Damage caused by service or attempted service not authorized by Privoro
Damage caused by use that is not in accordance with Product instructions or User Manual, including damages caused by failure to perform cleaning or preventive maintenance
Damages caused by the combination of Products with other non-Privoro products, accessories, parts or components or use of the products, equipment, utilities, services, or parts (including applications, installations, repairs, wiring, or connectors) not supplied or authorized by Privoro which damage the Product or result in service problems
Damage to other non-Privoro products (including smartphones), accessories, parts or components not supplied or authorized by Privoro
Damage or failure due to normal wear and tear, improper assembly or maintenance, or installation of parts or accessories not originally intended for or compatible with the Privoro Product
Uninterrupted or error-free operation of the product
Software, including firmware, installed on or added to the product (for terms of service related to Software, refer to the applicable End User License Agreement)
Cosmetic damage, exterior finish, discoloration of paint or plastic, or other issues that do not affect product functionality
Modifications or adaptations made to enable a Product to operate in a country other than the country for which it was designed, manufactured, approved or authorized for sale, or repair of Products damaged by these modifications
Expedited Exchange Terms
Privoro may offer to provide a replacement part or product ("Replacement Item") to you on an Advanced Exchange Basis. Before providing an Advanced Exchange, Privoro may require a valid credit card number and credit authorization or payment for the Replacement Item from You prior to sending you such Replacement Item. We will not charge your credit card for the Replacement Item, or We will refund your payment for such Replacement Item as long as: 1) You return the original part or product to Us within 10 days of your receipt of the Replacement Item and 2) We confirm that Your product issue is covered under the Limited Warranty or the Extended Warranty Plan. If We do not receive Your original part or product within 10 days, We will charge your credit card for the then-current standard price for the Replacement Item, or, if payment was required in advance of shipment, We will not refund your payment. If upon receipt of Your original part or product, We determine that your product issue is not covered under the Extended Warranty Plan, then You will be given the opportunity to return the Replacement Item, at Your sole expense, within ten (10) days from the date We contact you regarding the lack of coverage for your issue, and if you do not return the Replacement Item, then We will charge your credit card for the then-current standard price for the Replacement Item, or, if payment was required in advance of shipment, then We will not refund Your payment. If You require a Replacement Item but do not wish to provide credit authorization or payment pursuant to this paragraph, You will not receive an Advanced Exchange.
Important Additional Information
Governing Law. THIS AGREEMENT SHALL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Severability. If any provision of this Agreement is void or unenforceable, the parties agree to delete it and agree that the remaining provisions will continue to be in effect.
Assignment. Privoro may assign this Service and/or Agreement to qualified third party service providers.
Complete Agreement. THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PRIVORO, WITH RESPECT TO THE SERVICES DESCRIBED HEREIN. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AND WRITTEN PROPOSALS AND COMMUNICATIONS PERTAINING TO THE SUBJECT MATTER HEREOF, EXCEPT AND TO THE EXTENT OF THE LIMITED WARRANTY STATEMENT WHICH REMAINS IN EFFECT WITH REGARD TO AND DURING THE LIMITED WARRANTY PERIOD.
Cancellation. YOU MAY CANCEL THIS AGREEMENT BY PROVIDING TO PRIVORO AT LEAST THIRTY (30) DAYS WRITTEN NOTICE OF THE DECISION TO CANCEL. PRIVORO WILL ISSUE A REFUND TO YOU FOR ANY UNUSED PORTION OF THE SERVICE TERM FOR WHICH YOU HAVE PAID. IF MORE THAN THIRTY (30) DAYS HAVE TRANSPIRED FOR THE CURRENT CONTRACT YEAR, THEN A REFUND WILL NOT BE PAID FOR THAT CURRENT CONTRACT YEAR. THE BASE LIMITED WARRANTY MAY NOT BE CANCELLED. CANCELLATION OF EXTENDED WARRANTIES OR ADDITIONAL SERVICES AT ANY TIME AFTER THE ORDER IS PLACED MAY REDUCE ANY APPLICABLE DISCOUNT AND MAY REQUIRE RETURN OF THE COMPLETE PRODUCT.
Privoro may cancel this Service at any time during the Service term for any of the following reasons:
Customer fails to pay the total price for this Service in accordance with the invoice terms;
Customer refuses to cooperate with the assisting analyst;
Customer fails to abide by all of the terms and conditions set forth in this Agreement;
Cancelation: Calculation of Refund. You may cancel this Agreement at any time by following the procedures for cancelation set forth in this Agreement. If you cancel this Agreement within 30 days of receipt of this Agreement, you will receive a full refund if no claims have been made against the contract. If any claim has been made against the contract, then you will receive a pro-rata refund based on the retail value of any service performed. If you cancel this Agreement after thirty (30) days of your receipt of this Agreement, you are entitled to a pro-rata refund as follows: Refund = The Total Price minus (a) the number of days from the date you receive the covered hardware until we receive notice of your cancellation divided by the term of this Agreement; (b) 0.1 multiplied by the Total Price; and (c) the cost of any repair or replacement provided to you before cancellation.
Geographic limitations & relocation. This Service will be delivered to the site(s) indicated on the Customer's invoice. This Service is not available in all areas. In situations when relocation occurs to a destination country where the Service is already available, Privoro will use commercially reasonable efforts to honor the Service obligation, per the terms of Service in the destination country. In situations where relocation occurs to a country where the Service is unavailable, the Service does not transfer. Service options, including service levels and technical support hours will vary by geography and certain options may not be available for purchase in Customer's location.
State-Specific Provisions for U.S. Customers who purchased for personal, family, or household purposes. The terms stated in this paragraph are specific to warranties and services purchased for a separate charge in certain states. Some states provide specific statutory rights and remedies related to extended service agreements. If you a permanent resident of such a state, you may have certain rights that are specific to or supplemental to the rights and remedies contained here. If you are not a permanent resident of such a state, then you are not eligible for these rights and/or remedies. The obligations of Privoro under this Agreement are provided by Privoro, LLC, and are backed by the full faith and credit of Privoro, LLC.
Instructions for Obtaining Extended Warranty Service.
To obtain warranty service, first contact Privoro Customer Support by email or telephone:
You may be asked to assist Privoro in diagnosing issues with your Product prior to returning the Product to Privoro, and You agree to provide such assistance. If so requested, you must deliver the Product in either its original packaging or packaging affording an equal degree of protection to the Privoro authorized service facility specified. A dated purchase receipt is required. Privoro may require that you ship the Product or certain parts back to Privoro. If it is determine that the Privoro Product must be returned for inspection, repair, or replacement, Privoro will provide You with shipping materials and a Return Materials Authorization ("RMA") number. You are responsible for paying all freight charges incurred in shipping the defective parts or Product back to Privoro, provided that Privoro will refund the costs incurred if a valid warranty claim is made. You are responsible for assuring that all parts and components are returned to Privoro, and that no personal or third party items or components are sent to Privoro. Privoro will not return and is not responsible for loss or damage to personal or third party items erroneously sent to Privoro. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE PRODUCT DURING SHIPMENT TO PRIVORO OR THE AUTHORIZED PRIVORO SERVICE CENTER.
Implied Warranties
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. PRIVORO DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IS LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY.
Limitation of Liability
PRIVORO SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. PRIVORO'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR THE PRODUCT. PRIVORO IS NOT LIABLE TO YOU FOR EVENTS BEYOND PRIVORO'S CONTROL, ACTS OF GOD, VIRUSES, PROPERTY DAMAGE, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, HOWSOEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This Extended Warranty Plan gives you specific legal rights and you may have other rights which vary from state to state, or by jurisdiction. To the extent limited or restricted by state or local law, these limitations shall apply to the full extent allowable under such law.
Unautorized Repairs
Any attempt to repair the Product may create a risk of injury. PRIVORO IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY ARISING FROM ANY PERSONAL INJURY INCURRED DURING THE COURSE OF, OR AS A RESULT OF, ANY REPAIR OR ATTEMPTED REPAIR BY YOU OR ANYONE OTHER THAN AN AUTHORIZED SERVICE TECHNICIAN. All repairs attempted by You on the Product are undertaken AT YOUR OWN RISK and Privoro shall have no liability for any injury to person or property arising from such unauthorized repairs.
International Support
Support, including repair and replacement, is provided only in authorized Distribution Territories. You are responsible for and must comply with all applicable export laws and regulations if You export the Product from the original place of purchase. Customers outside the United States are responsible for paying all freight and brokerage charges incurred in shipping (including importing/exporting costs) any defective parts to Privoro. International Customers are responsible for all customs duties, VAT, GST and other associated taxes and charges.
This Extended Warranty Plan gives you specific legal rights. You may also have other rights which vary from state to state, jurisdiction to jurisdiction, or province to province.
This Extended Warranty was last updated on January 5, 2016.
Any prices, quotations, and descriptions made by us, or referred to on our Site, with respect to the Product, are pre-sale notices only, subject to availability, do not constitute an offer, and may be withdrawn or revised at any time prior to our express acceptance of your order (as described below).
While we make every effort to ensure our Products are available at the time you submit your (i) order for a Product or (ii) request (or agreement) to borrow a Product (each, a "Requisition"), we cannot guarantee such Product will be in stock, be immediately available, or be available for distribution or delivery in all parts of the Distribution Territory (as defined below). We may reject such Requisition, without liability, if we are unable to process or fulfill such Requisition for any reason. If this is the case, we will refund any prior payment that you have made for that Product.
Your submission of a Requisition constitutes your offer to us to purchase or borrow the Product, as applicable, on these Terms, and is subject to our subsequent acceptance.
BY SUBMITTING A REQUISITION, YOU AFFIRM YOU ARE OF LEGAL AGE TO ACCEPT AND ASSENT TO THESE TERMS. IF YOU SUBMIT A REQUISITION ON BEHALF AN ORGANIZATION OR ENTITY YOU AFFIRM YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO BIND SUCH ORGANIZATION OR ENTITY TO THESE TERMS.
Prior to such acceptance, an automatic email may be generated to acknowledge such Requisition. Please note that any such acknowledgement does not constitute a formal acceptance of such Requisition.
We reserve the right to require additional verifications or information before accepting any Requisition. Our acceptance of your Requisition occurs at the earlier of (i) the time we charge your credit card or other payment for the Product and/or shipment of the Product, if applicable, or (ii) otherwise fulfill your Requisition (collectively, "Acceptance"). If applicable, your Requisition is not complete until full payment for the shipment of the Product has been received.
After Acceptance, you may not modify or cancel your Requisition without our prior written consent; provided, however, (i) we may cancel your order at any time after Acceptance and prior to shipment for any reason in our sole discretion, and in such event, we will issue you a credit or refund; and (ii), for any "pre-orders" of the Product (as specifically identified on the Site), you are permitted to cancel your pre-order up until such time as the Product has been shipped (the foregoing collectively constitutes our "Cancellation Policy").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS REGARDING YOUR PURCHASE AND/OR USE OF PRIVORO PRODUCTS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY.
WE RECOMMEND THAT YOU PRINT OR SAVE A COPY OF THESE TERMS OF SALE AS A RECORD OF YOUR TRANSACTION.
Scope and Application
These Terms and Conditions (these "Terms") apply to all offers, sales, purchases, and borrowings of the products and related items and accessories (collectively, the "Product") offered, sold, or loaned to you by Privoro LLC, an Arizona limited liability company ("Privoro") and/or its affiliates. If you do not wish to be bound by these Terms, you must notify us and return your Product pursuant to our return policy detailed below. We reserve the right to amend or update these Terms at any time by posting such amended or updated Terms on privoro.com (the "Site"). Each time you return to the Site, place a new order for, or borrow, any Product, it is your responsibility to confirm the terms and conditions then applicable to your use, purchase, or borrowing of such Product. If we modify the Terms after you place an order for a Product, we will notify you at or before our acceptance of your order.
References to "us", "we" or "our" shall be construed to mean Privoro and its affiliates; and references to "you" or "your" shall be construed to mean the purchaser of the Product or any person borrowing a Product directly from Privoro.
End-User Sales Only
All purchases and borrowings of any Product are for end-users only and for your own internal use. Resale of any Products is prohibited, and any unauthorized resale does not convey any rights under these Terms to any unauthorized buyer or user.
Purchases are Final
ALL PURCHASES OF THE PRODUCT THROUGH THE SITE ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE APPLICABLE CANCELLATION POLICY AND RETURNS POLICY SET FORTH BELOW.
Offer and Acceptance; Cancellation Policy
Any prices, quotations, and descriptions made by us, or referred to on our Site, with respect to the Product, are pre-sale notices only, subject to availability, do not constitute an offer, and may be withdrawn or revised at any time prior to our express acceptance of your order (as described below).
While we make every effort to ensure our Products are available at the time you submit your (i) order for a Product or (ii) request (or agreement) to borrow a Product (each, a "Requisition"), we cannot guarantee such Product will be in stock, be immediately available, or be available for distribution or delivery in all parts of the Distribution Territory (as defined below). We may reject such Requisition, without liability, if we are unable to process or fulfill such Requisition for any reason. If this is the case, we will refund any prior payment that you have made for that Product.
Your submission of a Requisition constitutes your offer to us to purchase or borrow the Product, as applicable, on these Terms, and is subject to our subsequent acceptance.
BY SUBMITTING A REQUISITION, YOU AFFIRM YOU ARE OF LEGAL AGE TO ACCEPT AND ASSENT TO THESE TERMS. IF YOU SUBMIT A REQUISITION ON BEHALF AN ORGANIZATION OR ENTITY YOU AFFIRM YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO BIND SUCH ORGANIZATION OR ENTITY TO THESE TERMS.
Prior to such acceptance, an automatic email may be generated to acknowledge such Requisition. Please note that any such acknowledgement does not constitute a formal acceptance of such Requisition.
We reserve the right to require additional verifications or information before accepting any Requisition. Our acceptance of your Requisition occurs at the earlier of (i) the time we charge your credit card or other payment for the Product and/or shipment of the Product, if applicable, or (ii) otherwise fulfill your Requisition (collectively, "Acceptance"). If applicable, your Requisition is not complete until full payment for the shipment of the Product has been received.
After Acceptance, you may not modify or cancel your Requisition without our prior written consent; provided, however, (i) we may cancel your order at any time after Acceptance and prior to shipment for any reason in our sole discretion, and in such event, we will issue you a credit or refund; and (ii), for any "pre-orders" of the Product (as specifically identified on the Site), you are permitted to cancel your pre-order up until such time as the Product has been shipped (the foregoing collectively constitutes our "Cancellation Policy").
Product Price and Payment Terms
Prices payable for the Product are those in effect at the time of dispatch or delivery of the Product, unless otherwise expressly agreed to by you and us. Prices may be indicated on our Site or in our acknowledgement of a Requisition, but the definitive price in the event of any discrepancy is the price then in effect at the time of dispatch or delivery of the Product (unless otherwise agreed to by us).
We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including, without limitation, costs of any materials, shipping, labor or the increase or imposition of any tax, duty or other levy and any variation in foreign currency exchange rates. We also reserve the right to notify you of any mistakes in the Product descriptions or errors in pricing prior to Product dispatch or delivery. In the event we do so, we will continue with fulfillment of the Requisition upon receipt of your acknowledgment that the Product will be provided in accordance with such revised description or corrected price.
The places that we deliver the Product are listed on our Site (the "Distribution Territory"). We do not guarantee Acceptance of your order for places of delivery that are located outside of the Distribution Territory.
Unless otherwise specified, prices quoted are exclusive of: (i) the costs of shipping or carriage to the agreed place of delivery within the Distribution Territory (estimated charges for which are stated on the Site); and (ii) value-added tax and any other tax or duty which must be added to the price payable where applicable. You agree to pay for taxes and shipping of the Product prior to shipment, as such costs may be estimated by us when you submit your Requisition.
ALL SHIPPING COST INFORMATION ON OUR SITE IS BASED ON OUR CURRENT UNDERSTANDING OF THE PROPERTIES OF THE FINISHED PRODUCT AND ARE BEST ESTIMATES ONLY AND SUBJECT TO CHANGE. SHIPPING COSTS SHALL BE ASSESSED, AND COLLECTED, PRIOR TO SHIPMENT.
Payment for both the Product and shipment of the Product shall be made prior to delivery and by such methods as may be indicated by us (and not by any other means unless we have given our prior agreement).
We will charge credit or debit cards prior to shipment or other dispatch or delivery of the Product. We reserve the right to verify credit or debit card payments prior to Acceptance.
Terms of Delivery
Return Policy
Return Policy. Your return of a Product shipped or otherwise delivered to you will be classified as an unopened and undamaged return, an opened and undamaged return, or a return of a defective or damaged product, all in accordance with the terms and conditions of Privoro’s return policy set forth below. Privoro will determine, in its sole discretion, the appropriate classification of your return, and such determination may result in costs or charges to you.
Disclaimer
Except as expressly provided in the Limited Warranty and as otherwise permitted by applicable law, you acknowledge and agree (a) that the Products are provided to you on an "as is" basis, without any warranty of any kind; and (b) all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of any third party right with respect to the Products or any services related to the Products are expressly disclaimed to the fullest extent permitted by law. Refer to our Limited Warranty set forth at www.privoro.com/legal or the documentation received with your Products for product warranty information.
No warranty or representation is given that the functions of a Product will meet your requirements, that the operation of the Product will be uninterrupted or error-free, or that any defects in the Products will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Products or the adequacy of the Products. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of any warranty offered by us. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
Ownership
Limitations of Liability
THE LIMITED WARRANTY SET FORTH ABOVE IS THE COMPLETE WARRANTY FOR THE PRODUCTS AND STATES YOUR EXCLUSIVE REMEDIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT ANY REMEDY PROVIDED HEREIN FAIL THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCE EXCEED THE COST OF THE PRODUCT YOU ORDERED OR BORROWED; AND IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, FORESEEABLE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. OUR LIABILITY SHALL IN NO CIRCUMSTANCE EXTEND TO ANY UNAUTHORIZED USE OF THE PRODUCT.
Product Specifications
Regulatory Consents, Customs Duties and Export
Indemnification
You agree to indemnify, defend and hold harmless, Privoro, its affiliates, distributors, fulfillers, and each of their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you. Privoro reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Privoro in asserting any available defenses.
General Terms
Acknowledgement
By submitting a Requisition and opening the Product’s packaging, you acknowledge that you have read these Terms agree to be bound by them.
Last revised June 1, 2017
REVISION DATE: MAY 24, 2018
FOR MORE INFORMATION OR IF YOU HAVE ANY QUESTIONS ABOUT THIS PRIVACY POLICY, PLEASE CONTACT US AT WWW.PRIVORO.COM/SUPPORT. YOU MAY ALSO VISIT THE LEGAL SECTION ON OUR WEBSITE AT WWW.PRIVORO.COM/LEGAL.
PERSONAL INFORMATION
Your privacy is very important to all of us at Privoro LLC, an Arizona limited liability company ("Company", "we", "our", or "us"). We established this privacy policy ("Privacy Policy") to explain how your personal information is collected, protected, and used when you use our website ("Site"), our mobile phone cover, case, and hood, and our downloadable mobile, cloud-based, or desktop application or other software (each, an "App", and collectively with our mobile phone cover, case, and hood, the "Products"). Personal information is information about you that is personally identifiable, such as your name, email address, and other information not otherwise publicly available ("Personal Information").
This policy applies to information we collect:
Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site, or certain functionalities of our Site, or our Products. By accessing or using our Site or Products, you agree to be bound by the terms and conditions of this Privacy Policy. This Privacy Policy may change from time to time. If you chose to use or access our Site or Products after we make changes to our Privacy Policy, your use or access will be deemed an acceptance of those changes, so please check the Privacy Policy periodically for updates.
INFORMATION COLLECTION & USE
When you use or access our Site or Products, we collect Personal Information about you to enable us to provide and improve upon the Site or Products used or accessed by you, but we only collect Personal Information about you that we consider necessary for achieving this purpose.
In general, you can browse the Site and "opt-out" from providing us with any Personal Information. If you use our Products or voluntarily provide your Personal Information to us, you will no longer be anonymous to us. If you use or access the Site or Products, or purchase certain Products, we may require you to provide contact and identity information, billing information, and other Personal Information as indicated on forms throughout the Products. Where possible, we indicate the fields you must complete to use our Products and those fields that are optional. You always have the option not to provide your information by choosing not to use, access, or purchase one or more of our Products.
We collect several types of information from and about users of our Site and Products, including information:
We collect this information:
We may track certain information based upon your behavior when you use or access or Site or Products. We use this information to do internal research on our users' demographics, interests, and behavior to better understand our customers. This information may include, but may not be limited to, the URL that you just came from, the URL you go to next, your computer browser information, and your IP address.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Products, we may collect and retain such information in a file specific to you.
Specifically, when you use or access Products, we may collect the following information from you:
Under some circumstances we may require some additional financial information. We use your financial information, including credit card information, to verify the accuracy of your name, address, and other information, as well as to bill you for your use of our services and products.
USE OF YOUR PERSONAL INFORMATION
We use your Personal Information, and other information obtained through your use or access of our Site or Products to: present our Products and their contents and features to you; resolve disputes; troubleshoot problems; measure consumer interest in our products and services; inform you about online and offline offers, products, services, and updates; customize your experience with the Products; detect and protect us against error, fraud and other criminal activity; to provide you with notices about your account or subscription, including expiration and renewal notices; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; enforce our "Terms of Use" or "Terms of Service", as may be applicable; and as otherwise described to you at the time of collection. We may compare and review your Personal Information for errors, omissions, and accuracy.
You agree that we may use your Personal Information, including your email address, to improve our marketing and promotional efforts, analyze usage, improve our Site and Products, and customize the content, form, features, and services offered on or through the Site or Products. These uses improve the Site and Products and better tailor each of them to meet your needs, so as to provide you with a smooth, efficient, safe, and customized experience while using the Site or Products.
COMMUNICATIONS FROM COMPANY
We may occasionally send you information on other products, services, special deals, and promotions. Out of respect for your privacy, we provide you a way to unsubscribe from each of these communications. If you no longer wish to receive our promotional communications, you may opt-out of receiving them by following the instructions included in each such communication or by contacting us.
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if access to our products is temporarily suspended for maintenance, we might send you an email or text message. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, please do not submit your Personal Information on or through the Products.
INFORMATION SHARING AND DISCLOSURE
As a matter of policy, we do not sell, rent, or share any of your Personal Information, including your email address, to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your Personal Information may be disclosed in the normal scope of business to provide our services and products to customers:
Due to the existing regulatory environment, we cannot ensure all your private communications or other Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (and without limitation), we may be forced to disclose Personal Information, including your email address, to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your Personal Information that they collect from us. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should neither rely upon nor expect, that your Personal Information or private communications will always remain private.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
You can review and change your personal information by logging into the App and visiting your account profile page.
You may also send us an email at support@privoro.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
COOKIES AND RELATED TECHNOLOGIES
When you use the Site or Products, we collect certain information by automated electronic means, which may include:
The information from Cookies is also stored in web server logs, which are then transmitted back to the Company by your computers or mobile devices. These servers and Cookies are operated and managed by us and/or our service providers. As you use the Site or Products, your browsers communicate with servers operated by the Company and/or our service providers to coordinate and record the interactivity and fill your requests for services and information.
Cookies are also used to collect certain information about your equipment, browsing actions, and patterns, including:
The information we collect is statistical and may include Personal Information, such as your IP address, and we may maintain or associate it with Personal Information we collect in other ways or receive from third parties. Cookies help us improve our Site or Products and help us deliver better a better Site or Product, including by enabling us to:
Third-Party Use of Cookies and Other Tracking Technologies.
Some content or applications, including advertisements, on the Site or Products are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site or Products. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different products and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We may use third parties such as network advertisers to serve advertisements on our Site or Products and on third-party products or other media (e.g., social networking platforms) that enable us and third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party's specific privacy policy, not this one. We may provide these third-party advertisers with information, including personal information, about you.
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies' delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or Products or on other products or applications. You may continue to receive advertisements, for example, based on the particular products that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI products, your "opt out" may not be effective. Additional information is available on the DAA's website at www.aboutads.info or the NAI's website at www.networkadvertising.org.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
MANAGE YOUR SECURITY SETTINGS
You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can opt-out of being targeted by certain third party advertising companies online at http://www.networkadvertising.org/choices/.
You may manage how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
If you wish to opt out of receiving offers directly from Company service providers, you can follow the opt-out instructions in the emails that they send you.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
RIGHTS TO ACCESS AND CONTROL YOUR PERSONAL INFORMATION
Any personal data that we collect is based upon your consent as detailed in this Privacy Policy. You have many choices concerning the collection, use, and sharing of your data, including the ability to:
You may send us an email at support@privoro.com. to request access to, obtain copies of, correct, or delete any Personal Information that you have provided to us.
We will retain your personal information as long as you maintain your use of the Site or Products, or as needed to provide you access to or use of the Site or Products and related services. Once you request to discontinue use of the Products and related services and deletion of your personal information, we will delete it within 30 days from the date of your request, unless we must retain it to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our terms of use, or fulfill your request to "unsubscribe" from further messages from us. We will retain de-personalized information after you have discontinued your use of the Products and related services.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section § 1798.83 permits users of our Site or Products that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@privoro.com.
SECURITY
We follow generally accepted industry standards to protect Personal Information, including your email address, submitted to us, both during transmission and once we receive it. While our data encryption and hardware security are industry leading, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or Products.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site or Products, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
CHANGES IN THIS PRIVACY STATEMENT
If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and other places we deem appropriate so you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently.
CHILDREN UNDER THE AGE OF 18
We do not knowingly collect information from minors. Our Site and Products are intended for and are directed toward adults. Our Site and Products are not directed to minors and we do not knowingly collect Personal Information from minors. Neither our Site nor our Products are intended for children under 18 years of age. No one under age 18 may provide any personal information to us on the Site or by using our Products. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on our Site or our Products, or by way of any features or registration of the Products, do not make any purchases through the Products or use any of the interactive or public comment features of our Site or Products, and do not provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at support@privoro.com.
Introduction and Acceptance of use
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE, THE MOBILE APPLICATION OR ANY ONLINE SERVICE OR OTHER DIGITAL ASSET OF PRIVORO (COLLECTIVELY, THE "SERVICES") INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Privoro LLC ("Privoro" or "we" or "us") at privoro.com (the "Website") provides, to you, products, services and access to a variety of resources including the Website, Mobile Application and information about the merchandise (which may or may not be available for purchase) that are subject to the notices, and Terms of Use ("Terms of Use" or "Contract") set forth in this agreement (the "Agreement"). These Terms of Use apply to your access to, and use of, all or part of any Website, Mobile Application, online service or other digital asset of Privoro (collectively, the "Services"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Privoro for products, services, or otherwise.
If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify Privoro for any potential violation(s) of these Terms of Use. In the event there is any conflict or inconsistency between these Terms of Use and any other terms and conditions that appear on the Services, these Terms of Use will govern.
Any updates, enhancements, new features, and/or the addition of any new properties to the Services, are subject to these Terms of Use. By using any of the Privoro Services, purchasing products and services from the Website or using any Services, you accept and agree to these Terms of Use, Privoro's Privacy Policy and applicable terms and conditions, policies or disclaimers found in any of the Services or referenced herein.
Changes to the Terms of Use and the Services
Privoro and Privoro.com are both work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Services and these Terms of Use from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Services by checking back regularly. If you do not agree to the amended terms, you must stop using the Services. Your continued use of these Services following the publishing of updated Terms of Use will be taken to mean that you have read and agree to the changes.
Conflict of Terms
In the event there is any conflict or inconsistency between these Terms of Use and any other terms and conditions that appear on the Services, these Terms of Use will govern.
Limited License
Privoro grants you a non‐exclusive, non‐transferable, revocable License to access and use our Sites and Services strictly in accordance with this Agreement. Your use of our Sites and Services are solely for internal, personal, non‐commercial purposes, unless otherwise provided in this Agreement. No print outs or electronic versions of any part of our Sites or Services may be used by you in any litigation or arbitration matter whatsoever and under any circumstances.
Privacy Policy
You agree that all information you provide, whether for registration or other purposes, including without limitation by using any interactive features of the Services, is governed by our Privacy Policy. Our privacy policy, which sets out how we will use your personal information, can be found in the Privacy Policy located at the footer of each website page. These Terms of Use incorporate by reference the Privoro Privacy Policy. Your access to, and use of, all or part of the Services indicates your acceptance of this policy.
Access/Use of the Sites
Privoro hereby grants you permission to view, display, and download the material on any of the Services provided that:
This permission shall terminate automatically without notice if you breach this Agreement. Upon termination, you must immediately destroy any downloaded and printed copies of the Privoro Sites or Services or any portions thereof.
Prohibited Access/Use of the Services
By using the Services, you agree not to:
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 Services or to your downloading of any material posted on it, or on any website linked to it.
You may not reproduce, distribute, display, sell, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
Copyright
The Intellectual Property Rights in this website and the materials on or accessible via it belong to Privoro, LLC or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website). "Privoro" and the Privoro Logo are trademarks which belong to Privoro, LLC and they may not be used, copied or reproduced in any way without written consent from Privoro, LLC.
Intellectual Property Rights
You agree that the Services contain proprietary information and material that is owned by Privoro, and is protected by applicable intellectual property and other laws. For these purposes "Intellectual Property Rights" includes the following (wherever and whenever arising and for the full term of each of them): any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Digital Millennium Copyright Act Compliance
Privoro will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
Severability
In the event that any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
Third Party Content
Privoro may provide third party content on the Services and links to web pages and content of third parties (collectively, "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Privoro is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree that if you decide to visit a linked Third party Site or to use such Third Party Content contained therein, you do so at your own risk.
Third Party Rights
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
Applicable Law
You agree that these Terms of Use and any dispute arising out of your use or misuse of any of Privoro's Sites or Services or our products or services shall be governed by and construed in accordance with U.S. Federal Law and/or Laws of the State of Arizona, without resort to conflict of Law provisions.
Disclaimer
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES IN ANY WAY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
ANY INFORMATION ON THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PRIVORO EXCLUDES ALL REPRESENTATIONS AND WARRANTIES RELATING TO THESE SERVICES AND THEIR CONTENT OR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THESE SERVICES AND/OR PRIVORO'S LITERATURE; AND EXCLUDES ALL LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THESE SERVICES. PRIVORO DOES NOT PROMISE THAT THE SITE, SERVICES OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. PRIVORO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PRIVORO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRIVORO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES AND/OR ANY PRIVORO SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PRIVORO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
IN NO EVENT SHALL PRIVORO, ITS AFFILIATES, OR ANY PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTUIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVCIES AND CONTENT, PROGRAMS, FEATURES, AND OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH APPLICABLE LAW.
Information About Us And Our Product
Information about our Product can be found on privoro.com, which is a Website owned by Privoro LLC and registered in Phoenix, Arizona, USA. The address for this website is
3100 W Ray Rd, Ste 201, Chandler, AZ 85226
Online Purchases/Terms of Sale
All purchases made through our Website are governed by our Terms of Sale [insert hyperlink to terms of Sale], which are hereby incorporated into these Terms of Use for such purposes. Additional terms and conditions may also apply to specific portions or features of the Website or specific Services. For example, any Software or Mobile Applications purchased or distributed from or through the Services may be subject to the terms of a license agreement, which must be accepted by the user prior to download or use of the software.
Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.