Terms of Use

Pruve Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

These Terms and Conditions govern your access to and use of this website. By accessing or using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site!

Pruve and its related entities may revise and update these Terms and Conditions at any time, and from time to time, without notice. Revisions to these Terms and Conditions shall be effective immediately as of the dates that they are posted.  Your continued usage of Pruve’s website (“Pruve.org,” or the “Site”) will mean you accept those changes.

The Site Does Not Provide Medical Advice

The contents of Pruve.org, including but not limited to text, graphics, images, and other materials (collectively, “Content”) are for informational purposes only. The Content is not intended to constitute or be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Pruve.org.

If you think you may have a medical emergency, call your doctor or 911 immediately. Pruve does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. We do not authorize you to rely upon any information provided by Pruve, Pruve employees, others appearing on Pruve or providing Content to the Site and/or other visitors to the Site and your reliance on any such information is unauthorized and solely at your own risk.

Use of the Content

The Content posted on, or otherwise accessed through, this Site is protected by the copyright laws in the United States and in foreign countries. Pruve authorizes you to view or download a single copy of the Content solely for your personal, noncommercial use; provided that you (i) may not modify the Content, or any portion thereof, and (ii) include all copyright and proprietary notices located at the end of, or in connection with, the material, including specifically, but without limitation: “©2020, Wellthoughts, LLC. All rights reserved”. Any special rules for the use of certain software and other items accessible on Pruve may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Site, all Content, and all features and functionality (including but not limited to all information, software, codes, displays, images, video, and audio, and the design, selection, and arrangement thereof) shall at all times be and remain the sole and exclusive property of Pruve and its licensors, as applicable.  Except as specifically provided in this paragraph, you may not reproduce, distribute, modify, create derivative works from, display, store, or transmit and/or use any Content. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of Pruve. All rights not expressly granted herein are reserved to Pruve and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies or replications you have made or in possession of any portion of the Content.

Disclaimer of Liability of Pruve and Its Licensors

The use of Pruve.org and the Content is at your own risk.

When using Pruve.org, information will be transmitted over a medium that may be beyond the control and jurisdiction of Pruve and its suppliers. Accordingly, Pruve assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of Pruve.org.  You recognize the inherent risk of downloading materials from the internet, and that Pruve makes no guarantee or warranty that any Content downloaded from or via the Site will be free of viruses, Trojan horses, worms, or other destructive code.  You acknowledge and agree that you are solely responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for antivirus protection and accuracy of data input and output, and for maintaining a means for reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, PRUVE WILL NOT BE LIABLE OR RESPONSIBLE 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 SITE, THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PRUVE NOR ANY PERSON ASSOCIATED WITH PRUVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER PRUVE NOR ANYONE ASSOCIATED WITH PRUVE REPRESENTS OR WARRANTS THAT THE SITE, THE  CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, PRUVE (ON BEHALF OF ITSELF, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the generality of the foregoing, Pruve, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of Pruve.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on Pruve.

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

To the fullest extent permitted by law, in no event shall Pruve or its affiliates, its licensors, its suppliers, or any of the officers, directors, members, managers, principals, employees, or agents of any of the foregoing, or any third parties mentioned on the Site be liable for any damages (including, without limitation, indirect, incidental, consequential, special, or exemplary damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, or any portion thereof, whether based on warranty, contract, tort, or any other legal theory, and whether or not Pruve, its licensors, its suppliers, or any third parties mentioned on Pruve are advised of the possibility of such damages. Pruve, its affiliates, its licensors, its suppliers, or any of the officers, directors, members, managers, principals, employees, or agents of any of the foregoing, or any third parties mentioned on the site shall be liable only to the extent of actual direct damages incurred by you, if any, not to exceed in any event U.S. $500 in the aggregate. Pruve, its affiliates, its licensors, its suppliers, or any of the officers, directors, members, managers, principals, employees, or agents of any of the foregoing, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims for direct damages arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred, or such claims shall be permanently barred. Your remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

YOU HEREBY WAIVE, RELEASE AND RELINQUISH PRUVE FROM AND AGAINST ANY CLAIM FOR ANY LIABILITY, LOSS OR DAMAGE FALLING WITHIN THIS PARAGRAPH ENTITLED “DISCLAIMER OF LIABILITY OF PRUVE AND ITS LICENSORS” AND FURTHER AGREE NOT TO SUE OR ASSERT A CLAIM FOR ANY SUCH LIABILITY, LOSS OR DAMAGE AGAINST PRUVE AND/OR ITS LICENSORS.

User Submissions — Image, Video, Audio Files

You agree to only post or upload media (like photos, videos, or audio) on Pruve’s site or any social media platform to which Pruve is linked or affiliated (e.g. Twitter, Instagram, Facebook) that you have taken or created yourself or that you have all rights to transmit, upload, license, and sublicense to such media (collectively, “Your Content”), and which do not violate trademark, copyright, privacy, or any other rights of any other person.  By posting Your Content on the Site or any affiliate website, you (i) represent and warrant that you have all rights and authority to post Your Content, and (ii) you are responsible for all of Your Content, including its legality, reliability, accuracy, and appropriateness.

To protect your privacy, you agree that you will not submit any media or content that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media (like images or video) of other people without their permission is strictly prohibited.

By uploading any media on Pruve, you represent and warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. You agree that you will never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions.

You agree that you will not upload any material that contains viruses, Trojan horses, worms, logic bombs, or any other computer code, files or programs designed to or which may tend to interrupt, destroy or limit the functionality of the Site or any computer software or hardware connected to the Site or from which the Site is or may be accessed.

By uploading any media on Pruve: (a) you grant to Pruve a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable and transferable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; and (b) you represent,  warrant and covenant that any person prominently featured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Pruve to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media.

Pruve reserves the right to review all media at any time and to refuse to post and/or remove any media for any reason, at any time, without prior notice, at Pruve’s sole discretion.  Pruve further reserves the right to take any and all action Prove deems necessary or appropriate, in Pruve’s sole discretion, in the event of any actual or alleged infringement of the intellectual property rights of third parties or any actual or alleged violation of these Terms and Conditions.  Pruve may disclose your identity or any other information about you to any third party who claims that Your Content violates their rights, including their intellectual property rights or their right to privacy, or any law enforcement agency for any violation (or alleged violation) of any applicable law.  YOU WAIVE AND AGREE TO SAVE, DEFEND, INDEMNIFY AND HOLD HARMLESS PRUVE AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PRINCIPALS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, PENALTIES, FINES, COSTS AND EXPENSES ARISING OUT OF OR IN CONNECTION WITH ANY INVESTIGATION OR OTHER ACTION TAKEN BY LAW ENFORCEMENT AUTHORITIES DUE TO ANY ACTUAL OR ALLEGED VIOLATION OF APPLICABLE LAWS BY YOU OR YOUR CONTENT, OR ANY PERSON AUTHORIZED BY YOU TO USE OR ACCESS THE SITE UNDER YOUR ACCOUNT OR USING YOUR PASSWORD IN VIOLATION OF THESE TERMS AND CONDITIONS.

Passwords

You are solely responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Pruve passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Pruve account and password; and (3) promptly inform Pruve if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the “Contact Us” links located at the bottom of every page of our site. You grant Pruve and its affiliates, and all other persons or entities involved in the administration or operation of the Site and related websites, the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Pruve and its affiliates cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Pruve’s tools and services and you agree to waive, release and relinquish Pruve from any such responsibility and/or liability.

User Content and Use Guidelines

Pruve is not responsible for any communications or postings on the Site or on any social media platform linked to or affiliated with the Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Site, and knowing and agreeing that Pruve is relying on this agreement, you agree that you may not and will not engage in any of the following actions, each of which shall constitute a material breach of these Terms and Conditions:

  1. Using the Site, or any social media platform linked with or affiliated with the Site, , or otherwise engaging in any act for any purpose in violation of local, state, national, or international laws and regulations (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, indecent, defamatory, offensive, violent, threatening, harassing, abusive, slanderous, deceitful, hateful, inflammatory, or embarrassing to any other person or entity as determined by Pruve in its sole discretion;
  4. Exploiting harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  5. Posting advertisements or solicitations of, or for, business;
  6. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  7. Posting chain letters or pyramid schemes;
  8. Impersonating another person (including without limitation Pruve or its affiliates or their respective officers, directors, members, managers, principals, employees, or agents), or misrepresenting your identity or affiliation with another person or organization;
  9. Distributing, directly or indirectly, viruses, Trojan horses, worms, logic bombs, or other harmful or malicious computer code or program;
  10. Using any robot, spider, or other automatic device, or automatic or manual process or means to access the Site for any purpose, including monitoring or copying any material on the Site;
  11. Attempting to access, interfere with, damage, or disrupt the Site, or any component thereof, the server on which the Site is stored, or any server, computer, or database connected to the Site;
  12. Attacking the Site via a denial-of-service attack or a distributed denial-of-service attack;
  13. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
  14. Allowing any other person or entity to use your identification for posting or viewing comments;
  15. Representing that Your Content is endorsed by us or any other person or entity, if they are not;
  16. Posting the same note more than once or “spamming”;
  17. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or any social media platform linked to or affiliated with the Site, or which, in the judgment of Pruve, exposes Pruve or any of its affiliates, or any of their respective officers, directors, members, managers, principals, employees, agents, customers or suppliers to any liability or detriment of any type.

In addition to all other remedies available to Pruve at law or in equity, upon the occurrence of any of the foregoing actions, or other violation of these Terms and Conditions, Pruve may immediately suspend or terminate your access to the Site and the Content.  Pruve may demand, and you shall immediately oblige, the return or destruction of all Content downloaded,  or otherwise taken from the Site and/or in your possession prior to such suspension or termination by Pruve.

Advertisements, Searches, and Links to Other Sites

Pruve may include or provide links to third-party web sites. Pruve may also select certain sites as priority responses to search terms you enter and Pruve may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Pruve does not recommend and does not endorse the content on any third-party websites. Pruve does not make any representations or warranties regarding content on any third party websites (including without limitation regarding the accuracy, completeness, or truthfulness of such content) and is not responsible for, and expressly disclaims all liability for, the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements. Pruve does not make any representations or warranties regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

Indemnity

You agree to save, defend, indemnify, and hold harmless Pruve and its affiliates, and their respective officers, directors, members, managers, principals, employees, agents, licensors, and suppliers, harmless from and against any and all claims, actions, demands, suits, fines, judgments, penalties, losses, damages, liabilities,  settlements, and costs and expenses, including without limitation, attorneys’ fees, arising out of or in connection with (a) your use of the Site, (b) any of Your Content, (c) your use of or reliance on any Content, or (d) your violation of these Terms and Conditions.

Waiver and Severability

No waiver by Pruve of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pruve to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

Governing Law and Jurisdiction

All matters relating to the Site, the Content (or any portion thereof), and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Massachusetts, without giving effect to any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions, the Site, any Content, or any of Your Content shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts, in each case located in the County of Middlesex, although Pruve retains the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Pruve’s sole discretion, it may require you to submit any disputes arising from these Terms and Conditions, the Site, or any Content, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration before a single arbitrator under the Commercial Rules of Arbitration of the American Arbitration Association, held in the State of Massachusetts, County of Middlesex.  Any arbitral award determination shall be final and binding upon the parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

Entire Agreement

These Terms and Conditions constitute the sole and entire agreement between you and Pruve regarding the Site, the Content, and Your Content, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site, the Content, and Your Content.