Terms of Service
OVERVIEW
Welcome to Salus Prime! The terms "we," "us," and "our" refer to Salus Prime. Salus Prime operates this store and website, including its information, content, features, tools, products, and services, in order to provide you, the customer, with an adequate shopping experience (the "Services"). Salus Prime is supported by Shopify, which allows us to provide you with the Services.
The terms and conditions below, along with any policies contained therein ("Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices owned, purchased, or managed by you.
To use the Services, including accessing or browsing online stores or purchasing products and services offered by us, you may need to provide certain information such as email address, billing, payment, and shipping details. You declare and warrant that all information you provide in our stores is accurate, current, and complete, and that you hold all necessary rights to provide such information.
Your account activity and the protection of your account credentials are your responsibility. You shall not transfer, sell, assign, or license your account to others.
SECTION 2 - OUR PRODUCTS
We have made every effort to accurately display our products and services in our online stores. However, the display of colors and appearance of products may vary depending on the type of device you use to access the store and the settings and configuration of that device.
We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or displayed in our online stores.
All product descriptions are subject to change at any time, without prior notice and at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered for any person, geographic region, or jurisdiction from time to time.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Salus Prime reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until Salus Prime confirms its acceptance. Before accepting an order, we must receive and process payment. Please review your order carefully before submitting it, as Salus Prime may not be able to fulfill requests to cancel an order after acceptance. In the event of an order being rejected, modified, or canceled, we will notify you by contacting you via the email, billing address, and/or phone number you provided at the time of placing the order.
Your purchases are subject to return or exchange exclusively in accordance with our Refund Policy [LINK].
You declare and warrant that you are making purchases for personal or household use and not for resale or export.
SECTION 4 - PRICING AND BILLING
Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the effective price at the time the order is placed and will be visible in your order confirmation email. Unless otherwise specified, published prices do not include taxes, customs duties, shipping, handling, or import costs.
Prices published in our online stores may differ from prices offered in physical stores, other online stores, or stores operated by third parties. From time to time, we may offer promotions on the Services that affect pricing and are subject to terms and conditions independent of these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
For all purchases made in our stores, you agree to provide accurate, current, and complete purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You declare and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use such credit card for purchases, (iii) the charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including any shipping and handling charges and all applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays attributable to shipping carriers, customs procedures, or events beyond our control. Once the products are transferred to the carrier, ownership and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are owned by Salus Prime, its affiliates, or licensors and are protected by US and foreign patent, copyright, and intellectual property laws.
These Terms grant you a personal, non-commercial use license for the Services only. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material relating to the Services without our written consent. Except as expressly stated, these Terms contain nothing that grants or can be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of Salus Prime, Shopify, or any third party. Unauthorized use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Salus Prime.
The Salus Prime name, logos, product and service names, designs, and slogans are trademarks of Salus Prime or its affiliates or licensors. You shall not use such trademarks without the prior written permission of Salus Prime. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to third-party customer tools as part of the Services that we neither monitor nor control or input.
You understand and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
In the future, we may offer new features through the Services (including the release of new tools and resources). Such new features shall be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. Should you choose to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not liable for any issues or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please review the third-party's policies and practices carefully and understand them before engaging in any transaction. Any complaints, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section details Shopify's relationship with your store and should not be removed or modified.]
Salus Prime is powered by Shopify, which allows us to provide you with the Services. However, sales and purchases made by you in our Store are made directly with Salus Prime. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and Salus Prime, including any injuries, damages, or losses arising from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Salus Prime.
SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal data may be subject to Shopify's Privacy Policy, which can be found here. By using the Services, you confirm that you have read the aforementioned privacy policies.
As it supports the Services, Shopify collects and processes personal data related to your access and use of the Services to offer and improve the Services for you. In order to offer and improve the Services for you, the data you submit to the Services will be transferred and shared with Shopify and third parties who may reside in countries other than your own. Please refer to our privacy policy [LINK] for more information on how we, Shopify, and our partners use your personal data.
SECTION 11 - FEEDBACK
When you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback through any medium for any purpose, including commercial. For example, we may assert our rights relating to this license to operate, provide, evaluate, improve, enhance, and promote the Services, to perform our obligations and exercise our rights as stated in the Terms of Service.
Furthermore, you confirm and agree that: (i) you own all necessary rights to all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and shall not be obligated to (1) maintain any Feedback in confidence; (2) pay you for any Feedback; or (3) respond to any Feedback.
Although we are not obligated, we may monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You confirm that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further confirm that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You must not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, to: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement at any time, or suspend your access to the Services (or any part thereof) at our sole discretion and without notice; you will remain responsible for all amounts due up to the date of termination.
The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other clauses that, by their nature, survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Salus Prime, THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Salus Prime, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Salus Prime, Shopify and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
We will notify you of any indemnifiable claims, provided that failure to promptly notify you will not relieve you of your obligations hereunder unless you are materially prejudiced thereby. We may, at your expense, control the defense and settlement of such claim, including the selection of counsel, but will not settle claims requiring non-monetary obligations from you without your consent (such consent not to be unreasonably withheld). You will cooperate in the defense of non-settled claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations hereunder without our prior written consent; any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notification.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal, state, or territorial courts in the jurisdiction where Salus Prime is headquartered. You and Salus Prime agree to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of changes to any material provisions of these Terms in accordance with applicable law, and such changes will be effective as of the date specified in the notice. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at salusprime.shop@gmail.com.
Our contact information is posted below:
SALUS PRIME ENCAPS
salusprime.shop@gmail.com