Terms of Use

PRO Store USA Terms of Use (“Terms”) 

Last Updated: October 18, 2023 

These Terms are a contract between the You (“You” or “Your”) and PRO Store USA(“Company,” “We,” “Us,” or “Our”) with regard to the access and use of Our website – www.prostoreusa.com- and its component pagesand any other website, application, product or service made available by Pro Store USA(collectively, “Website”).  The Website is made available to You pursuant to these Terms.  Please read these Terms fully and carefully before accessing and using the Website.  

If You do not agree with the Terms set forth below and Our Privacy Policy(including any modifications thereto), You should exit the Website.  However, these Terms and Our Privacy Policy will apply to all of Your information and actions prior to exiting the Website. 

a) Acceptance. By accessing and using the Website, You accept and agree to be legally bound by these Terms and OurPrivacy Policy, and all prospective amendments to the Terms and Privacy Policy. This agreement is made by You just as if it had been made in writing. If You do not agree to these Terms, do not use the Website or any of the products and services enabled by the Website.  

b) Access to Your Account.  You are responsible formaintaining the confidentiality of Your account and password, and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. 

c) Amendment. We may amend these Terms from time to time in Our sole discretion. All amendments to these Terms will be effective immediately upon posting and will include the date the Terms were last updated. Your continued access to the Website constitutes an agreement to be bound to the Terms then effective and as amended. You also agree to accept notice of posting of any amendments or new terms through Us posting such amendments or new terms on the Website.  Please review the Terms periodically so You are aware of any amendments. 

d) Additional Terms. Although You are always bound by these Terms and Our Privacy Policy, in using certain features, products, or services You may be bound by and subject to additional terms applicable to those features, products, or services, including, without limitation, Our Terms of Sale andShipping & Returns policies. You may review the terms and conditions of these policies by clicking on the link provided or contacting Us through the methods described below. You agree that You will comply with all additional terms and conditions, and that You will comply with any and all laws and regulations applicable to Your purchase or use of any Pro Store USAproduct or service.Any and all additional terms and conditions will not change or replace these Terms regarding use of the Website, unless expressly stated.Any and all additional terms and conditions are hereby incorporated within these Terms.  

e) Capacity. The Website is a general audience Website for adultsage 18 or over and is intended for use only by individuals in the United States.  By using this Website, Yourepresent that You are 18 years or older and have legal capacity to enter into the agreement set out in these Terms, including but not limited to, that You are of sufficient mental capacity, and are otherwise permitted to be legally bound in contract.   

a) Website Features. The Website contains certain features and functionality, including the ability to receive content.  We reserve the right, in Our sole discretion, to change, modify, remove, or add any features, products, services, or terms offered at any part on the Website.  This includes without limitation any features regarding Our products and services and contacting Us.  Pro Store USAstrives to ensure that all content on the Website, including product, availability, and price information, is accurate, complete, and current, but Pro Store USAdoes not warrant the accuracy or completeness of the content made available on the Website, or the availability of all products and services offered on the Website. The colors You see on the Website may depend on the device You are using to view the Website. Information on the Website may contain typographical or other human errors and may not be complete or current despite Our efforts. We will attempt to address any inaccurate or incomplete content after We are made aware of it. All weights and sizes may be approximate. If a product offered by the Website is not as described, Your sole remedy is to return it in unused condition. The Website is presented on an “AS IS” basis. 

b) Eligibility.The website is intended for use only by individuals age 18 or over located in the united states.  If you are a person outside the united states, by accessing and using the website, you agree and consent to be bound by these terms.  The website is not available to any persons suspended or removed from the website by the company.  In using the website, you represent that you are a person who has not been suspended or removed from the website.  Persons choosing to access the website do so at their own discretion and initiative, and are responsible forcompliance with these terms, and all local laws and rules, including without limitation, such laws and rules regarding the internet, email, electronic messages, privacy, and security. 

c) Use.Pro Store USAgrants You a limited license to access and make personal use of the Website.  This license does not include (i) any resale or commercial use of the Website or the content made available through the Website; (ii) any derivative use of the Website or the content made available through the Website; (iii) any downloading or copying of content or account information; (iv) any collection and use of product listings, descriptions, or prices; or (v) any use of data mining, scraping, spiders, robots or similar data gathering or extraction tools.  You may not use any meta tags or any other “hidden text” utilizingPro Store USA’s name or trademarks without the express written consent of Pro Store USA.  Except as explicitly permitted by these Terms, no content made available through the Website may be used, reproduced, transmitted, distributed, downloaded, displayed, framed, modified or otherwise exploited in any way.  All users agree to refrain from copying, modifying, reverse engineering, decompiling or disassembling any software code included in the Website.  You shall not use the Website in any manner that could damage, disable, overburden or impair the Website.   

d) Electronic Communications. When You contact Us through the Website, create a user account, or provide Your e-mail address to Us for any reason, You are consenting to receive communications from Us electronically.  We will communicate and transact with You by e-mail or by posting notices on the Website.  You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.  If You wish, at any time, to opt out of receiving electronic communications from Us, You can do so by logging into Your account and changing Your profile settings and preferences or by clicking the “Unsubscribe” link included with such electronic communications.   

e) Unavailability. Your access to the Website may be unavailable or interrupted from time to time for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of Your access to the Website, or any of the consequences of such interruptions. 

Without any further notice and at any time, You understand and agree that Pro Store USAmay terminate, cancel, deactivate, and/or suspend Your access to the Website. By terminating Your access or use, Pro Store USAdoes not waive or alter any other right or relief to which it may be entitled at law or in equity. If Pro Store USAterminates or suspends Your access to the Website, Your right to use the Website will immediately cease and You must discontinue use of the Website by all means and methods. Pro Store USAreserves the right to immediately and permanently deactivate Your Account and delete any information or content stored through Your Account. Pro Store USAreserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Website. You understand, acknowledge, and agree that Your sole and exclusive right and remedy regarding the termination or modification of Your access to and use of the Website, is to stop using the Website.  

a) Privacy Policy.  Your privacy is important to Us. By using this Website, You agree to these Terms as well as to the collection transfer, processing, usage, sharing, and storage of Your personal and non-personal information consistent with the terms of OurPrivacy Policy. Please review Our Privacy Policy regularly for more information. 

b) HIPAA.  Pro Store USAdoes not request, collect or use customers’ protected health information.  You must exercise caution when sharing information with Pro Store USAto avoid inadvertently disclosing Your health information. 

Pro Store USAmay, but has no obligation to, monitor the use by You and other users of the Website. During monitoring, any information relating to any user or their respective activities on the Website may be examined, recorded, copied, and used in accordance with these Terms and Our Privacy Policy.  Furthermore, Pro Store USAreserves the right at all times (i) to disclose any information provided at any portion of the Website as set forth in Our Privacy Policy, including without limitation to satisfy any law, regulation, or governmental request, and (ii) to refuse to transmit, or to remove, any information or materials, in whole or in part, that Pro Store USAin its sole discretion, finds objectionable or in violation of these Terms or Our Privacy Policy. 

a) You are responsible for the content of Your communications and representations through the Website, including those sent to Us through the Website from Our contact forms. 

b) We may require, at any time, proof that You are following these Terms. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating Your access to the Website or seeking other legal or equitableremedies, once We become aware of any violation of these Terms.  As a condition of use of the Website, Yourepresent the following: 

Violations of the Terms, including without limitation provisions (i-xi) above, will be determined by the Company in its sole discretion and may result in, among other things, termination of Your access to the Website. 

You may create an account to use certain features or functionality of the Website, including online purchases. You are not permitted to share, sell, distribute or otherwise transfer Your Account or allow Your login credentials to be used by any other individual. It is Your responsibility to keep Your Account and password (including any related security questions and answers) confidential, and to ensure that You restrict access to any device You use to access Your Account.  

You are solely responsible for any activities or actions taken under Your Account, including purchases, regardless of whether You authorized such activities or actions. You agree to notify Usimmediately of any unauthorized use of Your Account. We are not liable for any loss or damage from Your failure to comply with this section.  

You represent and warrant that any information You provide to Us is accurate, current, and complete and that You will maintain and promptly update Your information to keep it accurate, current and complete. If any information You provide to Us is untrue, inaccurate, not current, or incomplete, We reserve the right to terminate Your use of the Website. 

All Website content and materials including without limitation text, photographs, illustrations, images, button icons, graphics, product names, designs, logos, video material, digital downloads, data compilations, software and audio clips (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Pro Store USAor the party credited as the provider or owner of the Intellectual Property.  Any use of the Intellectual Property without the written permission of Pro Store USAor the owner of the Intellectual Property is strictly prohibited. 

The compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of Pro Store USAand protected by United States and international copyright laws.  All software used to provide any service on the Website is the property of Pro Store USAor its software suppliers and protected by United States and international copyright laws. In connection with Your use of the Website, Pro Store USAgrants You a limited, non-transferable, non-sub-licensable, non-exclusive, revocable license to access, view, use, print and download a single copy of the Website’s content for Your personal use. You agree not to modify or delete any copyright, trademark or other proprietary notice. Pro Store USAmay revoke this license at any time for any or no reason. Except as expressly authorized by Pro Store USA, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of all Website content and materials.   

Pro Store USA’s trademarks and trade dress may not be used in connection with any product or service that is not owned or distributed by Pro Store USAin any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pro Store USA. All other trademarks not owned by Pro Store USAthat appear within the Website are the property of their respective owners, who may or may not be affiliated with Pro Store USA. 

The Website may contain links to third party websites (“Third-Party Sites”) that are not owned, controlled or operated by Pro Store USA. 

THE COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY SITES OR THEIR CONTENT. THE THIRD-PARTY SITES ARE NOT CONTROLLED BY US AND NEITHER THESE TERMS OF USE NOR OUR PRIVACY POLICY APPLY TO SUCH THIRD-PARTY SITES.  ACCORDINGLY, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING SUCH THIRD-PARTY SITES, HAS NO RESPONSIBILITY FOR THE OPERATION OR CONTENT OF SUCH THIRD-PARTY SITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SITES. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE WEBSITE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY PRO STORE USA. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD PARTY SITES.  YOU ARE ENCOURAGED TO REVIEW THE AGREEMENTS AND POLICIES FOR ANY WEBSITE YOU CHOOSE TO ACCESS AND CONFIRM THAT THE TERMS ARE ACCEPTABLE TO YOU PRIOR TO YOUR USE. 

a) ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN ADDITIONAL AND/OR DIFFERENT INFORMATION THAN THE INFORMATION DISPLAYED WITHIN THE WEBSITE OR REFERENCED IN CONNECTION WITH A SERVICE OFFERED ON THE WEBSITE.  YOU SHOULD NOT RELY SOLELY ON THE INFORMATION DISPLAYED WITHIN THE WEBSITE AND YOU SHOULD ALWAYS READ LABELS, WARNINGS AND DIRECTIONS PRIOR TO USING A PRODUCT OR USING A SERVICE OFFERED ON THE WEBSITE.  IF YOU HAVE QUESTIONS OR REQUIRE MORE INFORMATION ABOUT A SPECIFIC PRODUCT DISPLAYED ON THE WEBSITE OR REFERENCED IN CONNECTION WITH A SERVICE OFFERED ON THE WEBSITE, YOU SHOULD CONTACT THE PRODUCT MANUFACTURER DIRECTLY.  ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE FOR GENERAL REFERENCE PURPOSES ONLY.  PRO STORE USAASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS REGARDING ANY PRODUCT OR SERVICE OFFERED ON THE WEBSITE. 

b) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND SUBJECT TO PARAGRAPH e) OF THIS SECTION, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE CONTENT OF THE WEBSITE FOR ANY PURPOSE.  ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  TO THE EXTENT ALLOWABLE BY LAW, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.  

c) YOU ALSO SPECIFICALLY AGREE THAT PRO STORE USAIS NOT RESPONSIBLE FOR ANY CONTENT SENT AND/OR INCLUDED ON THE WEBSITE BY ANY THIRD PARTY. YOU FURTHER AGREE THAT PRO STORE USAAND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AND/OR MAY DISCONTINUE ANY PART OF THE WEBSITE AT ANY TIME. 

d) ALSO SUBJECT TO PARAGRAPH e) OF THIS SECTION AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER.  IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE COMPANY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF $100 OR THE PURCHASE PRICE.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. 

e) IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES.  SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.   

a) Product Descriptions.  Pro Store USAattempts to provide product descriptions that are as accurate as possible. However, Pro Store USAdoes not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. If a product You purchase from us is not as described, Your sole remedy is to return it in unused condition. 

We have also made every effort to display as accurately as possible the colors and finishes of our products that appear on the Website. However, as the actual colors You see will depend on Your monitor, We cannot guarantee that Your monitor's display of any color or finish will be accurate. 

b) Product Availability.  The availability, product packaging, quality, quantity, price, discounts, charges, and fees for any product, service, or program found on the Website are subject to change at any time without notice.  Pro Store USAmay take any or all of the following actions at any time, with or without notice: (1) limiting the availability of any product, service, or program; (2) discontinuing any product, service, or program; (3) restricting any purchase; (4) cancelling any purchase; or (5) refusing any order. Products may not be available on Pro Store USAat all times. Some products may be subject to additional terms, conditions, policies and disclosures. If You order a product that is out of stock, We will process a back order for You and advise you of the estimated delivery date for the item.   

Pro Store USAreserves the right, in its sole discretion and with or without notice, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Pro Store USAalso reserves the right to prohibit sales to dealers.  

c) Pricing.  While Pro Store USAstrives to provideaccurate product and pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Pro Store USAshall have the right, at Our sole discretion, to either contact You for instructions or cancel Your order and notify You of such cancellation. The price of the items You order will be those in effect on the date You place Your order. Prices are in U.S. dollars and do not include applicable taxes, if any. Promotional prices and discount offers are valid only during the applicable period indicated in the promotion. Prices and availability are subject to change without notice.  Pro Store USAhas the right to cancel any order for products or services listed at an incorrect price due to any error, whether or not the order has been confirmed. 

d) Promotion Codes. Promotion Codes are only valid on orders placed via the Website. Promotion codes cannot be used after the expiration date of the applicable promotion code program. If the total discount value of a promotion code exceeds the value of Your order, We may adjust the promotion code. Pro Store USA has the right to withdraw or cancel any promotion code, in whole or in part, at any time. If We suspect that a promotion code is being used fraudulently or illegally, We have the right to reject or cancel that code and any order, transaction, or purchase using that promotion code. You agree that if a promotion code is rejected or cancelled, You will have no claim against Pro Store USA. Pro Store USA is not liable for any financial loss arising out of Your inability to use a promotion code for any reason. 

e) Purchase Limits.  Pro Store USAmay, in its sole discretion, establish a spending limit for Your account. Your payment card issuer may also establish spending limits that affect Your right to place orders through the Website. You should consult the cardholder agreement between You and Your payment card issuer to determine what limits, if any, exist. 

f) Updating or Cancelling an Order.  You will be charged in full for Your order, including items that may be subject to back-order, at the time Your order is submitted.  After You place an order, it will be available in Your Order History with an order status.  We will use Our best efforts to ship Your order within the time stated on the product specific page, the estimated delivery date provided with confirmation of Your order, or as set forth in the “Shipping & Returns” section of the Website.  At times, the estimated delivery date may be extended after Your Order has been placed, and if so, We will contact You and provide You updated estimated delivery date (which will also be available in Your order status).  Once Your order has been shipped, it cannot be cancelled.   

Please note that there may be certain orders that We are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in Your order being modified or canceled by Pro Store USAinclude limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also requireadditional verifications or information before accepting any order. We will contact You if all or any portion of Your order is canceled or if additional information is required to accept Your order. If Your order is canceled after payment received, We will issue a credit by the charged payment method for the amount of the charge, or in Our sole discretion, an alternate method of payment. 

g) Credit and Debit Cards; Billing and Payments. You must provide a valid credit or debit card or another valid method of payment in full to order products through the Website. You authorize Pro Store USAto charge Your credit or debit card or alternate method of payment for all purchases made through Your account on the Website, plus applicable taxes, fees and other charges (including sales tax, service fee, and delivery charge). You represent that You have the legal right to use any credit or debit card or alternate method of payment You provide, and You agree to pay for any order through the Website placed by You or anyone using Your account regardless of whether You authorized that person’s activities or actions. 

h) Reservation of Rights.  When You place an order through the Website, it will be subject to Pro Store USA’s acceptance.  Pro Store USAmay require verification of information before accepting or fulfilling any order. At any time after receiving Your order, Pro Store USAmay accept or decline it for any or no reason and without liability to You or anyone else. If Pro Store USAcancels an order for which Your method of payment has already been charged, Pro Store USAwill issue a refund to You. All returns and refunds for orders placed on the Website are subject to Pro Store USA’sShipping & Returns policies.  

i) Delivery Terms. Your order will be delivered to the delivery address You provide at the time of purchase.  All deliveries are expected to be received by You or on Your behalf at the delivery address.  We will conclusively presume that anyone at the delivery address who receives and accepts the delivery is authorized to do so, regardless of whether You authorized that person’s actions or activities.  In the case of unattended (contactless) deliveries, the delivery person may record via photo for our record purposes the delivery of the order at the delivery address provided at checkout.  For deliveries to be completed by pre-arranged appointment, if no one is at the delivery address at the specified time nor any delivery instructions provided for unattended (contactless) delivery or otherwise, We will not deliver Your order, and if it is returned to Us, You may be charged for the cost of return shipping.   

You are responsible forproperly storing Your items promptly after delivery. Pro Store USAcannot guarantee the quality of items that are not properly stored promptly after delivery. 

You agree to indemnify and hold Pro Store USA, its employees, officers, directors, investors, agents, assignees, affiliates, partners, subsidiaries, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Pro Store USAharmless from all claims, liabilities, losses, damages, costs and expenses (including without limitation, attorneys’ fees and expenses, and direct, incidental, consequential, exemplary and indirect damages) arising out of, resulting from or relating to Your use of the Website, Your breach or alleged breach of these Terms, or Your violation of any rights of another user.  Pro Store USAreserves the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim. 

PLEASE READ THIS SECTION CAREFULLY.  AS SET FORTH BELOW, YOU AGREE TO WAIVE YOUR RIGHTS TO TRY ANY CLAIM YOU MAY ASSERT BEFORE A JUDGE OR JURY AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE OR OTHER REPRESENTATIVE ACTION. 

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles.  You acknowledge and agree that any claims, lawsuits, or other actions (collectively, “Claims”) arising under or relating in any way to (i) these Terms (including without limitation interpretation, breach, termination, or validity of the Terms), (ii) use of the Website, or (iii) any products or services provided or sold by Pro Store USA, shall be subject to and resolved solely through binding arbitration following rules established by the American Arbitration Association.  Any such arbitration proceeding shall be brought on an individual basis and shall not be consolidated with any dispute of any other party, either directly or indirectly, as a mass arbitration, class arbitration or other proceeding.  You agree that neither You, nor Your representatives, shall have the right or authority to bring any Claims on a class action basis or on bases involving Claims brought in a purported representativecapacity on behalf of the general public, other users, or other persons similarly situated. 

To the fullest extent permitted by law, You acknowledge and agree that You are waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction.  You further acknowledge and agree that any arbitration shall proceed on an individual basis only and not as a class action, representative action, or part of a mass arbitration, and You expressly waive the right to file a class action or seek relief on a class basis. 

You may not assign these Terms, or any of Your rights or obligations hereunder, without the prior written consent of Pro Store USA.  Pro Store USAmay assign all or any part of its rights and obligations under these Terms, and any assignment will inure to the benefit of Our successors, assigns, and licensees. 

If any provision of these Terms, including Our Privacy Policy, is found invalid, illegal, or unenforceable by any court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, as shall this agreement, as if such invalid, illegal, or unenforceable provision(s) had never been a part of these Terms.  No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. 

Sections 4 (Privacy), 8 (Ownership; Proprietary Rights), 12 (Indemnification; Hold Harmless), 13 (Dispute Resolution), 14 (Assignment), 15 (Severability), 17 (Headings), 19 (No Waiver), 20 (Children’s Online Privacy Protection Act (“COPPA”) Notification), and 21 (Digital Millennium Copyright Act) shall survive any termination of these Terms. 

All headings used in these Terms are for reference purposes only and shall not be used to interpret, analyze, or construe these Terms or the provisions set forth herein. 

These Terms, including Our Privacy Policy, represent the entire agreement between the Company and You regarding the use of the Website.  These Terms cancel and supersede all prior understandings between the Company and You regarding the rights and obligations set forth herein. No provision of these Terms shall be modified or amended except as expressly stated within the Terms. 

NO WAIVER OF ANY OF THESE TERMS BY PRO STORE USAIS BINDING UNLESS AUTHORIZED IN WRITING BY AN OFFICER OF PRO STORE USAAUTHORIZED TO AGREE TO SUCH WAIVER.  IF THE COMPANY WAIVES A BREACH OF ANY PROVISION OF THE TERMS, ANY SUCH WAIVER WILL NOT BE CONSTRUED AS A CONTINUING WAIVER OF OTHER BREACHES OF THE SAME NATURE OR OF OTHER PROVISIONS OF THE TERMS AND WILL IN NO MANNER AFFECT THE RIGHT OF THE COMPANY TO ENFORCE ALL TERMS AT A LATER TIME. 

Our Website is not designed or intended for use by persons under the age of 18.  Pursuant to 47 U.S.C. Section 230(d) as amended, We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that may be harmful to minors.  Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://eff.org. 

Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Website should be promptly sent in the form of written communication to Pro Store USAto the email address provided below.  All claims must include the following information: 

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works at the Website; 

c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or to have access disabled, and information reasonably sufficient to permit the material to be located on the Website; 

d) Contact information for the complaining party, including full name, postal address, telephone number, and if available, an email address at which the complaining party may be contacted; 

e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

f) A statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

If You have any questions about these Terms, please contact Us at: 

Toll free number: (866) 546-1017 

Email: orders@prostoreusa.com  

Address: 751 Lakefront Commons Newport News, VA 23606