Terms and Conditions

ACCEPTANCE OF TERMS

By accessing, downloading, installing, visiting or using the Prosper Wellbeing Services, whether or not you become a registered user (“User”, “You”, “Yourself”, “Your”), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) our privacy notices and policies, found on the Site and incorporated herein by reference, (3) our Community Guidelines, and (4) our Services & Pricing, all of which are found at the Site and incorporated herein by this reference. Collectively, these terms and conditions, the privacy notice, Community Guidelines and Services & Pricing are also referred to and treated as Terms of Service. You acknowledge that You have read and understood. If you do not agree to any of the Terms of Service, please do not use the Service.

In your use of the Site and Service, you shall comply with all applicable laws. In other words, you may NOT use the Site or Services for any unlawful, illegal or, in our judgment, immoral purpose. If we determine that you are violating any provision of the Terms of Service, we reserve the right to terminate and deny you access and use of the Site and Services.

Although we may attempt (but are not obligated) to notify you when changes are made to these Terms of Service, you should periodically review the most up-to-date version at the Site, because you hereby agree to abide by and honor the most up-to-date version of the Terms of Service. By each use of the Site or Services, you agree to be bound by the latest version of these Terms of Service, privacy notices and policies, Community Guidelines and Services & Pricing. Company may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

You must review these Terms at ProsperiaWellbeing.com on a regular basis to keep Yourself informed of any changes.

All persons are denied access to this Site unless they read and accept the Terms Of Service and the Privacy Policy.

YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use apply to all users of this Site, whether or not You are a registered member. By viewing, visiting, using, or interacting with this Website or with any banner, pop-up, or advertising that appears on it, You are agreeing to comply with and be bound by these Terms of Use. If You do not agree to these Terms of Use, You may not access or use this Site, Services or Products. If You are under 18, You may only use this Site or the Products with the involvement of a parent or legal guardian.

YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these Terms of Use, you are agreeing to all the provisions of this Terms Of Service Policy and the Privacy Policy on our site. All personal information provided to us as a result of Your use of this Site will be handled in accordance with our Privacy Policy.

YOUR ACCEPTANCE OF OUR IMAGE POLICY

The Company utilizes images for the promotion of products and services. In most cases, these images are public domain and allow the Company to use them in the promotion of products without obtaining the written consent of the owner. Images may include pictures, imagery, business listings, reviews and other items. Most images are granted a “Fair Use” license. Fair Use is defined by United States copyright law which allows the use of copyrighted work in certain ways without obtaining a license from the copyright holder.

The Company does not assert copyright or grant any rights to the underlying images provided through the Services. Any use of these images and descriptions are subject to the copyright owner’s permission and/or the requirements of applicable law.

While the Company makes every effort to ensure that images are accurate, it cannot accept responsibility for any errors and is not liable for any errors.

YOUR ACCEPTANCE OF OUR TESTIMONIAL POLICY

The Company utilizes testimonials & success stories for the promotion of products and services. In most cases, these testimonials are public domain or have been shared via email and allow the Company to use them in the promotion of products without obtaining the written consent of the owner. Information including but not limited to first and last names, images, locations, businesses, stories may be shared. Most testimonials are granted a “Fair Use” license. Fair Use is defined by United States copyright law which allows the use of copyrighted work in certain ways without obtaining a license from the copyright holder.

The Company does not assert copyright or grant any rights to the underlying testimonials provided through the Services. Any use of these testimonials and descriptions are subject to the copyright owner’s permission and/or the requirements of applicable law.

While the Company makes every effort to ensure that images are accurate, it cannot accept responsibility for any errors and is not liable for any errors.

If you find an error or would like information updated or hidden, please contact the company at prosperiawellbeing{at}gmail.com.

OWNERSHIP OF SITE AND PRODUCTS

The Company owns and operates this Site and the information, materials, product names and services available on it. The Company also owns the Products and the information and materials available in connection therewith. All content including, but not limited to, text, graphics, logos, buttons, icons, data compilations, and images is the property of the Company, its licensors, or its content suppliers and is protected by U.S. and international copyright and trademark laws. The compilation (collection, arrangement, and assembly) of all content on this Site or contained in the Products is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this Site is the property of the Company or its suppliers and is protected by U.S. and international copyright laws.

You do not acquire any ownership rights to this Site and its content, the Products, or any intellectual property, trademarks, or logos of the Company by Your use of this Site or the Products. You acknowledge that this Site and its contents and the Products are valuable commercial assets which the Company has expended substantial time and resources to develop. You expressly agree that the Company and its affiliates retain all ownership rights to this Site and its contents, to the Products, and to any intellectual property, trademarks, or logos of the Company.

LIMITED USE OF SITE AND PRODUCTS

You are hereby granted a limited, revocable, non-exclusive right to access and use this Site and the Products subject to the limitations set forth herein.

Use of Site. You are responsible for all activities that occur with the use of Your account and password. You agree to provide true, accurate, current and complete information about Yourself including, but not limited to, credit card information and electronic mail address, and to maintain and update this information to keep it true, accurate, current and complete. Upon expiration of Your credit card, You shall notify the Company of the new credit card expiration date and all other relevant new information pertaining to the new credit card.

This Site is intended for personal use only, and You may not use this Site or any of its content for the benefit of any other company or merchant. You may not use any data mining, robots, or similar data gathering and extraction tools on this Site or its content. You may not reproduce, duplicate, copy, visit, or otherwise exploit this Site or its content for any commercial purpose other than as expressly allowed under these Terms of Use or without express written consent of the Company.

User posted content. You shall not upload, post, transmit, share, store or otherwise make available any content to this Site that the Company deems, in its sole and absolute discretion, to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, negative, hateful, or racially, ethnically or otherwise objectionable. You are solely responsible for any content that You upload, publish or display, or transmit to or share with third-parties through this Site or our communities. You may not post, transmit, or share any such content that You did not create or that You do not have permission to post. You understand and agree that the Company may, but is not obligated to, review any such content and may delete or remove (without notice) any such content in its discretion, for any reason or no reason, including content that in the sole judgment of the Company violates these Terms of Use.

Any communication or material of any kind that You email, post or otherwise transmit through this Site, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary. The Company is free to use any ideas, concepts, know-how or techniques contained in Your communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to You.

Use of Products. You may not reproduce, republish, resell or undertake any such similar use of the Products. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without a specific license to do so. You may not use any meta tags or any other “hidden text” utilizing the Company’s name, logo or trademarks without the express written consent of the Company.

Any unauthorized use of the Site or the Products automatically terminates the permission or license granted by the Company herein.

FEES AND PAYMENT

Prices and availability for Products are subject to change without notice. If You provide us with a credit card that expires during the term of these Terms of Use, we reserve the right to charge any renewal card issued to You as a replacement. You agree to promptly pay the Company in the event of any refusal of Your credit card issuer to pay any amount to the Company for any reason. Payments returned for insufficient funds shall be charged fees as allowed by law.

If you have agreed to monthly payments, You hereby authorize the Company to draw an annual or monthly automatic recurring payments from Your credit card, covering all monthly dues and all other applicable payments for your subscription. If you elect an annual payment option, your payment for that year is charged upfront for your annual subscription. One (1) year from the month of purchase you authorize the Company to automatically charge the annual renewal for continued service. Thirty (30) days prior to the automatic renewal date, annual subscribers can request in writing to convert their annual subscriptions to month-to-month subscriptions.

All month-to-month subscriptions will renew automatically on a month-to-month basis, and monthly recurring payments, where applicable, will continue until notice of cancellation is received. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.

The Company reserves the right to revoke access to all products if the balance is overdue or invoices are not paid in full. If for any reason You default on your contracted payment obligations, You hereby authorize the Company or its assignee to collect the outstanding monies, plus service charges and interest, in any method available to the Company. You shall indemnify the Company for all collection or legal fees incurred by it in order to satisfy Your payment defaults.

As referenced above, if you have agreed to annual payments for your subscription, You hereby authorize Company to withdraw payments annually from Your credit card, covering the discounted annual fee and all other applicable payments for Your Service.

Billing Cycle. The membership fee for service or any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be automatically charged on a monthly, quarterly or annual basis depending on your billing cycle to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. To cancel your subscription, submit a ticket at prosperiawellbeing{at}gmail.com.

Monthly Subscriptions automatically renew each month at the stated retail price until the subscription buyer notifies the company that they wish to cancel.

Annual Subscribers will be notified via email prior to renewal and the annual subscription will automatically renew each year at the stated retail price until the subscription buyer notifies the company that they wish to cancel.

Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.

PROMOTIONAL CODES

From time-to-time the Company will offer promotional codes for its various products and services, including ones where you must redeem a promotional code as part of the offer and where no alternative terms and conditions apply.

Promotional Codes are limited time offers;
The Company reserves the right to modify or cancel the offer at any time, regardless of whether you receive the code directly from the Company or from a third party;
Offers are only good for the time period listed;
Offers are limited to one per customer and/or account;
Promotional codes only apply to qualifying items;
Shipping and taxes may apply;
Promotional Codes are not transferable and may not be resold;
Promotional Codes have no residual value if not redeemed for applicable product(s) or service(s);
Violations of the Company’s Terms & Conditions will make the promotional code invalid.

MONEY-BACK GUARANTEE

Please see individual sales and product pages for which products are eligible for a refund. If no money-back guarantee is listed, then you may assume that all sales of that product or service are final and no refunds will be given.

SERVICE AND PASSWORD SECURITY

You are responsible for maintaining the confidentiality of Your Service password, and are responsible for all activities that occur under Your Service. You agree to immediately notify Prosperia Wellbeing of any unauthorized use of Your password or Service or any other breaches of security, which includes but is not limited to computer viruses, trojan horses, spyware, malware, adware, hacking, and other malicious or unwanted means expressly or impliedly prohibited by, or inconsistent with, any provision of this Agreement.

Prosperia Wellbeing reserves the right to revoke access to the Service, at its sole option and discretion and without notice to You, if any misuse or foul play occurs or is suspected within the system.

Prosperia Wellbeing will not be liable for any loss or damage arising from Your failure to provide us with accurate information or to keep Your password secure.

DISCLAIMERS

Representation or Warranties Disclaimer. The information on ProsperiaWellbeing.com and associated downloads, files, or content is “as is” and makes no representations or warranties, express or implied, with respect to the content provided on this website or on any third-party website which may be accessed from this Web site, including any representations or warranties as to accuracy, timeliness, or completeness. Prosperia Wellbeing will not be liable for any losses, injuries, or damages from the display or use of this information.

Omissions, Errors, or Mistakes Disclaimer. All information on this website is accurate and true to the best of Prosperia Wellbeing’s knowledge, but that there may be omissions, errors or mistakes.

Prosperia Wellbeing is not liable for any damages due to any errors or omissions on the website, delay or denial of any products, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures or misuse of information or products.

No Professional-Client Relationship. Your use of the content on this site or content from our email list is at your own risk. Prosperia Wellbeing does not guarantee any results from using this content and is for educational purposes only. It is your responsibility to do your own research, consult, and obtain a professional for your medical, legal, financial, health or other help that you may need for your situation.

Affiliates Disclaimer. Some of the links, references, or promotions on this website are “affiliates of Prosperia Wellbeing.” That means if you click from ProsperiaWellbeing.com or our content and then purchase the item, Prosperia Wellbeing receives an affiliate commission. Please note, Prosperia Wellbeing only recommends products or services that will add value to you. Prosperia Wellbeing discloses this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.

If an affiliate of ProsperiaWellbeing.com is listed, Prosperia Wellbeing will disclose it to you at somewhere on the blog post, page, or email newsletter, if applicable.

Sponsored posts disclaimer. Prosperia Wellbeing may be compensated or given products for free to provide opinion on products, services, websites and various other topics. Even though Prosperia Wellbeing may receive compensation for our posts and/or advertisements, Prosperia Wellbeing will always give our honest opinions, findings, beliefs, or experiences on those topics, events, or products. Even if a post is sponsored, the views and opinions expressed on the sponsored post are purely Prosperia Wellbeing’s.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. You ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS You CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

INDEMNITY

You hereby expressly agree to indemnify, defend, and hold harmless the Company, its officers, directors, managers, employees, shareholders, members, agents, providers, merchants, sponsors, licensors, suppliers, and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys’ fees) by You or any third-party resulting or arising, directly or indirectly, out of: (a) Your use of this Site and/or the Products, (b) Your violation of any federal, state or local laws, regulations or requirements (including, without limitation, relating to use of personal information, privacy, or direct mailing), or (c) Your violation of these Terms of Use.

LEGAL RELATIONSHIP

Nothing in these Terms of Use creates the relationship of principal and agent, partner, or joint venture. Neither You or the Company may represent itself as having any authority to make contracts or enter into any agreements in the name of the other. In connection with Your use of this Site and the Products, You shall not represent Yourself as having any license, knowledge, experience or capacity which You do not have. You agree that You shall be fully responsible for any and all actions, inactions or other business dealings You or any third-parties undertake in connection with, or arising out of, Your use of this Site or the Products, and the Company shall not be liable to You or any third-party in any manner in connection therewith.

GOVERNING LAW, JURISDICTION AND VENUE

Any claim relating to this Site or the Products shall be governed by the internal laws of the State of Arizona, without reference to its choice of law provisions. Any dispute relating in any way to Your use of this Site or the Products must be submitted to confidential binding arbitration in Arizona, except that, to the extent You have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court, and You consent to the exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall 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 Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

WAIVER

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right.

MODIFICATION AND SEVERABILITY

The Company reserves the right to make changes to this Site, the Products, and these Terms of Use at any time. Your continued use of this Site and/or the Products shall be deemed to be Your continued acceptance of the Terms of Use as amended, if applicable. If any provisions herein shall be deemed invalid, void, or unenforceable for any reason, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT

These Terms of Use (together with our Privacy Policy and any click-through agreements applicable to You) represent the entire agreement between the parties with respect to the subject matter thereof, and supersedes all previous agreements, whether oral or written.

Updated: October 9, 2024

You can see our Privacy Policy here.

EXCEPTIONS TO PRIVACY POLICY

While we are committed to keeping Your information secure and private (to ensure the overall integrity and confidentiality of the data), we have the following exceptions to our privacy policy: We will release specific information about You or Your account to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Sites, or a physical or property threat to You or others. We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change.

We will share personal information with our partners, affiliates or other trusted businesses to market relevant educational products and services – including telephone solicitations. The trusted partners are bound by confidentiality agreements, and don’t have any independent right to share Your personal information. Students have the express right to limit (or eliminate) the sharing of information using the opt-out procedure described below. Also, please write to us to obtain a list of our trusted partners.

Further, the information You enter when making a purchase or an online donation will be shared with payment processors, financial gateways, and Your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions. Please note that if You give out personal information online through a discussion board or posting site, that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information You post in these forums. You disclose such information at Your own risk.

MISCELLANEOUS

These terms will be governed by and construed in accordance with the laws of the State of Arizona, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to mediation in the State of Arizona. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions. These terms may be modified only by our posting of changes to these terms of use on our Sites.

If You have any questions about this Privacy Policy, please feel free to write to us at ProsperiaWellbeing{at}gmail.com