Terms & Conditions
This Agreement is by and between ProShred Elite and/or its affiliates, subsidiaries, and related companies (collectively, the “Company”) and the user of the Company’s
Sites, Products or Services (“you” or “Customer”) and it sets forth the terms and conditions which apply to the use by you of the Sites, Products or Services (as defined
below). The right to use the Sites, Products or Services offered by Company is personal to you and is not transferable to any other person or entity. Company reserves
the right to make changes to the Company sites, policies, and these Terms at any time without notice.
You and ProShred Elite agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or
assign of the other) relating to our website, any transaction or relationship between us resulting from your use of our website, the purchase, order, installation, or use of
ProShred Elite ’s products or services, or communications between us, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be
enforced and judgment entered thereon in any court of competent jurisdiction. You and ProShred Elite further agree that this arbitration agreement is made pursuant to
a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and
ProShred Elite further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator,
not by any court. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR
RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more
informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”),
and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in
effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at
www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, ProShred Elite will promptly reimburse you for any standard filing fee which may have
been required under AAA’s Procedures once you have notified ProShred Elite in writing and provided a copy of the arbitration proceedings. However, if ProShred Elite is
the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to ProShred Elite . If for any reason the AAA is
unavailable, the parties shall mutually select another arbitration forum. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a
purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act
as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more
than one person’s claims against ProShred Elite and may not preside over any kind of representative or class proceeding against ProShred Elite . You acknowledge that
this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any
portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT
BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR WEBSITE OR PRODUCT, AND
RETURN THE PRODUCT (UNOPENED AND UNUSED) FOR A REFUND WITHIN 14 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
NOTICE: FLORIDA AND UTAH RESIDENTS — PLEASE NOTE THAT IF YOU ARE A FLORIDA OR UTAH RESIDENT, YOU MAY NOT PURCHASE THIS
Use of the Company Sites.
Use of the Sites, Products or Services is subject to this Agreement, as revised.
“Sites” means www.ProShred Elite .com and any other websites owned by the Company.
“Products” means any herbal, dietary or any other form of supplement, or, other product purchased from the Company.
“Services” means the information and other services provided on the Sites.
Limitations on use:
(a) You agree to use the Sites, Products or Services only for lawful purposes and for their intended purposes.
(b) The content available on the Sites, Products or Services is provided solely for your personal use and not for commercial exploitation. You may not decompile, reverse
engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from the Sites, Products or Services. You may not use any network monitoring or
discovery software to determine the Sites, Products or Services architecture, or extract information about usage, individual identities or users. You may not use any
robot, spider, other automatic software or device, or manual process to monitor or copy our Sites, Products or Services without our prior written permission. You may
not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of the Services, except to the
extent permitted above.
(c) You may not use or otherwise export or re-export the Services or any portion thereof, or any software available on or through the Services in violation of the export
control laws and regulations of the United States of America.
(d) You may not employ, post, or share any language or content that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or
publicity rights, false, libelous, slanderous or otherwise objectionable or in violation of applicable laws and regulations.
(e) You may not upload, distribute or print anything that may be harmful to minors or otherwise violates applicable criminal law.
(f) You may not take any action or post, upload or distribute any content that violates, misappropriates or infringes upon the rights of others in any way, including any
patents, copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, or moral rights of any third party.
(g) You may not distribute content that contains advertising, publicity or solicitation for a product or services that did not receive prior written approval from Company.
(h) You may not use the Sites, Products or Services to collect any personally identifiable information, including profile names, email addresses or other such information
for commercial purposes or for any purpose prohibited by applicable laws or regulations.
(i) You may not use the Sites, Products or Services in any jurisdiction that does not give effect to all provisions of this Agreement.
(j) You may not use the Sites, Products or Services in any manner that could damage, disable, overburden or impair the Sites, Products or Services or any server or other
hardware associated with the Sites, Products or Services; disobey any requirements, procedures, policies, procedures or regulations of networks connected to the
Services; interfere with any other party’s use and enjoyment of the Sites, Products or Services; frame or utilize framing techniques to display content from a source other
than the Sites, Products or Services; use any Company-owned mark or product name as a meta-tag or other ‘hidden text’ for search engines in a manner that does not
inure to the benefit of Company.
Third Party Links. The Sites contain links to other Web sites, resources and advertisers (the “Third Party Services”). Company is not responsible for the availability of
the Third Party Services nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through the Third Party
Services. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you
in connection with the use of or reliance on any content, goods or services available on the Third Party Services. You should direct any concerns to such external site’s
administrator or webmaster.
Disclaimer of Warranty; Limitation of Liability
Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Company sites, nor for any offensive, defamatory or
obscene posting made by any Customer. Under no circumstances shall Company be liable for any loss or damage caused by information obtained through the content on
the Sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Sites.
Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to
financial, health, or lifestyle information, opinion, advice or other content.
You agree to defend, indemnify and hold harmless Company and its respective directors, officers, employees and agents from and against all claims and expenses, including
attorneys’ fees, arising out of the use by you of the Sites, Products or Services.
Our standard ground shipping takes approximately 2 to 3 business days within the continental United States, United Kingdom, Canada, Australia, France and Germany.
If you have not received your order within 14 days from your purchase date, please contact our customer care to request a reshipment of your order. If you entered the
wrong address on our order form and we are forced to reship your package, there will be an additional shipping and handling charge equal to your original order. To
check the status of your order, update your mailing address or request reshipment because you never received your product, contact customer service at the number
listed at bottom pf page.
Resales and Distribution.
You may not resell any product on eBay, Amazon, or any other auction website or online marketplace. Prices do not include any foreign or domestic governmental taxes
or charges of any kind that may be applicable to the sale of these products.
Once an order has been submitted, your credit card will be charged. Our ordering process is streamlined so that your order is immediately sent to processing and then
shipping. Due to the high volume of orders we receive, we are unable to cancel an order after it is submitted. Please review your order carefully before placing the order.
30 Day Return Policy:
We take great pride in the superior quality of our products and want you to be pleased with your purchase. We believe in offering the very best value, quality and
selection to our customers. Your order will be processed and shipped within 2 business days via first class mail. You may return any unused and unopened item
purchased from us for any reason within Thirty (30) days of your purchase date. If you purchased your merchandise through a “Buy Three, Get Two Free” or similar
offer, ALL items must be returned in order to receive a refund. If you return a partial amount of merchandise, you will forfeit the free product and receive a refund on the
discount price per item based on the total purchase. Your complete satisfaction is our ultimate goal. You may return any item shipped by Company, subject to the
You should return the item to us within 30 days of your purchase date.
We do not accept items back that have been opened or used. Opened Items are Non Refundable.
Shipping and Handling Fees are Non Refundable.
To request a refund you must obtain an RMA (Return Authorization). Requests must be made by calling 844-4PSHRED and submitted with your order information and
explanation of why you wish to return the product. If you return your product without a RMA number you will not be refunded. For returns via mail, you are
responsible for the cost of return shipping, and we must physically receive the undamaged item within the 30 day period. Company reserves the right, at its sole
discretion, to reject any return that does not comply with these requirements. Once your return has been received, a credit to your card will be issued within 30 days.