Terms & Conditions

Terms of Use

Last updated: February 15, 2019

General

Mens Vitality Products LLC (“we”, “us” or “our”), a Delaware for-profit limited liability company, is providing the everydaymale.com website (this “Website”) with the express condition that users (“you” or “user”) agree to be bound by the terms and conditions set forth in these Terms of Use (these “TOU”).  These TOU constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to this Website, the content, products or services provided by or through this Website. We reserve the unilateral right to change any terms and conditions of these TOU at any time, without notice to you, and it is your responsibility to consult the most recent version of these TOU (not an older cached version) each time you view this Website. Use of this Website constitutes your acceptance of all of the terms and conditions contained in these TOU, in their current form or as they may be modified.  Please review these TOU carefully. If you do not agree to these terms, you may not use this Website. This Website is intended for viewing by users in the United States. If you are in another country, local laws may not permit access to the information contained in this Website.

Description of Services

This Website provides users access to certain men’s health information and the ability to purchase certain nutritional supplement and other related products (the “Services”), including but not limited to EveryDay Male®, Men’s Probiotic, EveryDay Omega® and other related products (each a “Product” and collectively, the “Products”).

We assume no responsibility or liability for the timeliness, deletion or failure to store any user communications or personalization data or settings. All such risks shall be borne by the user.

Medical and Health Disclaimer

This Website does not provide or contain medical advice, diagnosis or treatment information. The contents of this Website, including text, graphics, images, information and other materials contained on this Website regardless of the originating source (collectively, “Content”) is for informational purposes only. This Website (including its Content) is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician, other qualified health provider or expert with any questions you may have regarding a medical condition, health care options and health-related services. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

Your reliance on any Content or testimonials contained on this Website or otherwise provided by or on behalf of us is solely at your own risk. Testimonials and statements by customers contained on this Website are specific to that individual customer and are no guarantee of any results or benefits you may obtain from taking EveryDay Male® or any of the Products. By purchasing EveryDay Male® or any of the Products you agree that you are doing so without reliance on any testimonial or implied result contained on this Website.

The statements made on this Website, as well as any materials, Products, or supplements distributed, or advertised, have not been evaluated by the Food and Drug Administration or any other governmental authority. Any products or information appearing on this Website are not intended to diagnose, treat, cure, or prevent any disease.

Copyright and Trademarks

The Content and other matters related to this Website are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights and are either owned by us or are the property of our suppliers or licensors. You may not use such materials without permission.  You do not acquire ownership rights to any Content viewed through this Website. The posting of information or materials on the Website by us does not constitute a waiver of any rights in such information and materials.

The related design marks, and other trademarks on this Website and related to the Products are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.

Personal Use Only

You are granted a limited, personal, non-exclusive, non-commercial license to view, print or download content, graphics, forms or documents from this Website for use solely by you for your own personal use. This Website may not be used for any commercial purpose, commercial advantage or private monetary compensation.

No page (including any Content) from this Website may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercialized, distributed in any way, or incorporated into any other website or electronic or mechanical information retrieval system, except that you may download one copy of the viewed materials on any single computer for your personal, non-commercial home use only (but not for resale or redistribution), provided you keep intact all copyright and other proprietary notices. Modification of any Content or use of any Content for any other purpose is a violation of the Content provider’s copyright and other proprietary rights. The use of any such Content on any other website or networked computer environment is prohibited. All rights, title and interest in and to the Content on this Website (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all time vested in us or our Content providers.

Submissions

If you send submissions (e.g., postings to chats, message boards, or contests) or creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, “Submissions”) to us through this Website or otherwise, the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on the part of us, and we shall not be liable for any use or disclosure of any Submissions. You hereby represent and warrant that you have all necessary rights in and to the Submissions you provide and that all information they contain shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortuous, or otherwise unlawful information. In addition, you warrant that all so-called moral rights in any Submissions you provide have been waived. Without limitation of the foregoing, we shall exclusively own all known or hereafter existing rights to the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

We do not endorse and have no control over the content of Submissions submitted by others to this Website. Submissions submitted to this Website are not necessarily reviewed by us prior to posting and do not necessarily reflect our opinions or policies. We make no warranties, express or implied, as to the content of the Submissions on this Website or the accuracy and reliability of any Submissions and other materials on this Website. Nonetheless, we reserve the right to prevent you from contributing Submissions to this Website and to edit, change and/or remove such Submissions for any reason whatsoever without prior notice.

Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates and each of our and their respective directors, officers, employees and agents (collectively, “Affiliated Parties”) from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or accruing from: (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by you in connection with your use of this Website; (c) any non-compliance by you with the terms and conditions of these TOU; and (d) claims regarding any liability, loss, claim and/or expense arising from or related to your access and use of this Website, including information obtained through this Website. Notwithstanding the foregoing, we reserve the right to assume at your expense the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Third-Party Websites, Products and Services

We allow access to or advertise third-party sites (“Other Sites”) from which you may purchase certain goods or services.  Other Sites may also include other websites that may be affiliated with us. You understand that we do not operate or control the products or services offered by Other Sites. Each Other Site is responsible for all aspects of its order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and the Other Sites. YOU AGREE THAT USE OF SUCH OTHER SITES IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES (DIRECT OR INDIRECT) ARISING FROM ANY TRANSACTIONS BETWEEN YOU AND OTHER SITES OR FOR ANY INFORMATION APPEARING ON OTHER SITES OR ANY OTHER SITE LINKED TO THIS WEBSITE. The inclusion of any advertisements on this Website does not imply any recommendation, approval, or endorsement by us of the quality of the goods or services being advertised or any other characteristics or qualities of the Other Sites or their goods or services. We are not responsible for the content, accuracy or opinions expressed in such Other Sites, and such Other Sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Other Sites on this Website does not imply approval or endorsement of the linked Other Site by us. If you decide to leave this Website and access Other Sites, you do so at your own risk. You expressly agree not to rely on any claims made on this Website regarding the quality of the goods or services being advertised.  It is your responsibility to perform all reasonable inquiries into the quality, sufficiency, legality, fitness, and ability of the Other Site’s goods or services to meet your needs. None of the Other Sites has no power to bind us in any way, including but not limited to issues regarding warranties, adequacy of goods, and all other concerns. All rules, policies (including privacy policies) and operating procedures of Other Sites will apply to you while on such Other Sites. We are not responsible for information provided by you to the Other Sites.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from this Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Copyright Agent

Mens Vitality Products

23052-H Alicia Pkwy #389

Mission Viejo, CA 92692

Phone: 1-800-418-7767

E-Mail: contact@prlaboratories.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on this Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Child Online Protection Act Notification

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 is harmful to minors.

Minors

If You have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to use this Website, You agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of this Website; and (c) the consequences of any use of this Website by such Minor.

Information and Press Releases

This Website may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in press releases or otherwise, should not be relied upon as being provided or endorsed by us.

Force Majeure

You acknowledge and understand that if this Website or any portion or component thereof is unavailable as a result of a force majeure event, we will not be in breach of any of its obligations toward you under these TOU. A force majeure event means any event beyond the control of us.

WE SHALL NOT HAVE ANY LIABILITY TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THESE TOU TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

Domestic Use and Export Restriction

We control this Website from our offices within the United States of America. We make no representation that the Website or its Content (including, without limitation, any Other Sites) are appropriate or available for use in other locations. Users who access this Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from this Website may be downloaded in violation of any applicable laws.

Arbitration

All disputes arising out of or relating to these TOU (including its formation, performance, or alleged breach) or your use of this Website will be exclusively resolved under confidential binding arbitration held in California before and in accordance with the rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOU will be joined to an arbitration involving any other party subject to these TOU, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in California to enforce these TOU or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

(a) DISCLAIMER OF WARRANTIES: WE PROVIDE THIS WEBSITE AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ANY CONTENT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OF OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOU, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR CAUSE, MERCHANTABILITY, AND NON-INFRINGEMENT.

(b) HEALTH-RELATED INFORMATION: WE PROVIDE INFORMATION ON THIS WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTHCARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION.  IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTHCARE PROVIDER IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE. YOU SHOULD CAREFULLY READ THE INSTRUCTIONS OF ANY PRODUCTS SEEN, REFERENCED OR ADVERTISED ON THIS WEBSITE PRIOR TO USE. IN ADDITION, TESTIMONIALS OF BENEFITS ARE OF INDIVIDUAL USERS AND ARE NO GUARANTEE OF SIMILAR RESULTS BEING ACHIEVED AND YOU SHOULD NOT RELY ON SUCH.

(c) PRODUCTS: ALL PRODUCTS SEEN, REFERENCED OR ADVERTISED ON THIS WEBSITE ARE SUBJECT TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR CAUSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.

(e) EXCLUSION OF DAMAGES: WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THIS WEBSITE OR ANY PRODUCTS SEEN, REFERENCED OR ADVERTISED ON THIS WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

(f) LIMITATION OF LIABILITY: IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOU, INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THIS WEBSITE OR THE PRODUCTS SEEN, REFERENCED OR ADVERTISED ON THIS WEBSITE, EXCEED THE GREATER OF $100.

Waiver of Class Action Rights

BY ACCESSING THIS WEBSITE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TOU OR ANY PRODUCT SEEN, REFERENCED OR ADVERTISED ON THIS WEBSITE MUST BE ASSERTED INDIVIDUALLY AND NOT ON BEHALF OF ANY OTHER CLASSES, PERSONS OR GROUPS OF PEOPLE.

Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of this Website must be filed within one calendar year after such claim or cause of action arises, or forever be barred from asserting any such claim or cause of action.

Additional Terms

These TOU will be binding upon each party hereto, as well as upon its successors and permitted assigns.  These TOU are governed by and construed in accordance with the laws of the State of California, without regard for conflict of law principles. These TOU, and all of your rights and obligations under them, may not be assigned or transferred by you without our prior written consent. No failure or delay by a party in exercising any right, power, or privilege under these TOU will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof, or the exercise of any other right, power, or privilege under these TOU. You are an independent contractor, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOU. The invalidity or unenforceability of any provision of these TOU will not affect the validity or enforceability of any other provision of these TOU, all of which will remain in full force and effect.