OVERVIEW
These Terms of Service (“Terms of Service” or “Terms”) govern
your use of the online interfaces and properties (e.g., websites
and mobile applications) owned and controlled by Pvolve LLC and
Pvolve Development, LLC (collectively, “Pvolve”), including the
www.pvolve.com an
www.pvolvefranchise.com
websites (collectively, “Website”) and the Pvolve application
(our “Application,” and collectively with the Website, our
“Site”). Throughout the Site, the terms “we”, “us” and “our”
refer to Pvolve. Pvolve offers this Site, including all
information, tools and services available from this Site to you,
the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By visiting or interacting with our Site and/or purchasing our
products or services from us, you engage in our “Service” and
agree to be bound by the following terms and conditions,
including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the Site, including without
limitation to users who are browsers, vendors, customers,
merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or
using our Site. By accessing or using any part of the Site, you
agree to be bound by these Terms of Service. If you do not agree
to all the terms and conditions of this agreement, then you may
not access the Site or use the offered services. If these Terms
of Service are considered an offer, acceptance is expressly
limited to these Terms of Service.
Any new features or tools that are added to the current Site
shall also be subject to the Terms of Service. You can review
the most current version of the Terms of Service at any time on
this page. We reserve the right to update, change or replace any
part of these Terms of Service by posting updates and/or changes
to our Site. It is your sole responsibility to check this page
periodically for changes. Your continued use of or access to the
Site following the posting of any changes constitutes acceptance
of those changes.
Our Site is hosted on Shopify Inc. They provide us with the
online e-commerce platform that allows us to sell our products
and services to you.
Binding Arbitration. These Terms of Service provide that all
disputes between you and Pvolve that in any way relate to these
Terms of Service or your use of the Site will be resolved by
BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR
RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to
assert or defend your rights under these Terms of Service. Your
rights will be determined by a NEUTRAL ARBITRATOR and NOT a
judge or jury and your claims cannot be brought as a class
action. Please review the Section below entitled Dispute
Resolution; Arbitration Agreement for the details regarding your
agreement to arbitrate any disputes with Pvolve.
Time Limits. Any claim arising from this Agreement shall be made
within one (1) year of accrual of any Dispute (defined in
Section 19) hereunder, or the Dispute is waived.
THE INFORMATION, CONTENT AND OTHER MATERIALS POSTED ON OR
ACCESSIBLE THROUGH THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY
AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL
ADVICE, DIAGNOSIS, OR TREATMENT. PVOLVE DOES NOT RECOMMEND OR
ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURES, OPINIONS, OR OTHER
INFORMATION THAT MAY BE MENTIONED ON THE SITE. RELIANCE ON ANY
INFORMATION PROVIDED BY PVOLVE, ITS AFFILIATED COMPANIES,
CONTRIBUTORS TO, OR OTHER USERS OF THE SITE IS SOLELY AT YOUR
OWN RISK.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE
PRACTITIONER BEFORE STARTING ANY EXERCISE PROGRAM. THIS IS
PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH
BLOOD PRESSURE OR HEART DISEASE, ARE PREGNANT, OR IF YOU HAVE
EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NEVER DISREGARD
PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF
SOMETHING YOU HAVE READ ON THE SITE.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent and warrant
that you are at least the age of majority in your state or
province of residence, and/or that you are the age of majority
in your state or province of residence and you consent to allow
any of your minor dependents to use this Site. Notwithstanding
the foregoing, if you are under the age of 13, please do not
attempt to register with us at this Site or provide any personal
information about yourself to us. If we learn that we have
collected personal information from someone under the age of 13,
we will promptly delete that information. If you believe we have
collected personal information from someone under the age of 13,
please contact us at [email protected] or call us at
888-978-3926.
The products are for personal and non-commercial use only. You
may not use our products for any illegal or unauthorized purpose
nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright
laws).
You may not transmit any worms or viruses or any code of a
destructive nature.
A breach or violation of any Term will result in an immediate
termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason
at any time. You understand that your content (not including
credit card information), may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted
during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or
access to the Service or any contact on the Site through which
the service is provided, without express written permission by
us.
The headings used in this agreement are included for convenience
only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available on this
Site is not accurate, complete or current. The information and
material on this Site is provided for general information only
and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more
complete or more timely sources of information. Any reliance on
the material on this Site is at your own risk.
This Site may contain certain historical information. Historical
information, necessarily, is not current and is provided for
your reference only. We reserve the exclusive right to modify
the contents of this Site at any time, but we have no obligation
to update any information on our Site. You agree that it is your
responsibility to monitor changes to our Site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND
PRICES
Prices for our products are subject to change without notice. We
reserve the right at any time to modify or discontinue the
Service (or any part or content thereof) without notice at any
time. We shall not be liable to you or to any third-party for
any modification, price change, suspension or discontinuance of
the Service.
SECTION 5 - PRODUCTS OR SERVICES; SUBSCRIPTION
TERMS
Certain products or services may be available exclusively online
through the Site. These products or services may have limited
quantities and are subject to return or exchange only according
to our Return Policy. We have made every effort to display as
accurately as possible the colors and images of our products
that appear at the store. We cannot guarantee that your computer
monitor's display of any color will be accurate. The products
are for personal and non-commercial use only. We reserve the
discretionary right, but are not obligated, to limit the sales
of our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products
or product pricing are subject to change at any time without
notice, at our sole discretion. We reserve the right to
discontinue any product at any time. Any offer for any product
or service made on this Site is void where prohibited. We do not
warrant (without limitation) that the quality of any products,
services, information, or other material purchased or obtained
by you will meet your expectations, or that any errors in the
Service will be corrected.
If you purchased a subscription to our Services (e.g., access to
streaming content), your subscription is continuous and will be
automatically renewed at the end of the applicable subscription
period, unless you cancel your subscription before the end of
the then-current subscription period.
To cancel your subscription follow the instructions below based
on your method of purchase or device (note: cancellation methods
are different if subscriptions were purchased through the Apple
App Store and/or through Google Play, see below):
Pvolve.com/Pvolve Studio/Pvolve Franchise Studio
purchases:
If you purchased an on-demand membership directly from
pvolve.com, from a Pvolve Studio or a Pvolve Franchise Studio
follow these step steps to cancel:
-On pvolve.com, hover over your name in the top right corner of
the page, then select ‘Subscriptions’ in the dropdown.
-Click ‘Cancel Subscription’.
You will have access to the subscription through the end of your
current billing period. If you've purchased any workout series
as digital downloads, you will still have access to view them in
your Workout Library.
If you cancel your subscription, your account will automatically
close at the end of your current billing period. Pvolve may
change the price for your Pvolve subscription from time to time
and will communicate any price changes to you in advance and, if
applicable, how to accept those changes. Price changes will take
effect at the start of the next subscription period following
the date of the price change. Subject to applicable law, you
accept the new price by continuing to use the Pvolve Services
after the price change takes effect. If you do not agree with a
price change, you have the right to reject the change by
unsubscribing from the Services prior to the price change going
into effect.
Certain bundle purchases include a time-limited and discounted
subscription in the purchase price. The duration of the
discounted subscription is noted at the time of your purchase.
Regular membership fees that apply upon renewal of your
subscription are also noted at the time of purchase, and we will
charge the regular membership fee to the payment method that you
provided at the end of the time-limited subscription period.
Your subscription will automatically renew unless you cancel
your subscription prior to the end of the current billing
cycle.
Your Pvolve subscription may start with a free trial. The
duration of the free trial period of your subscription lasts
will be specified during sign-up and is intended to allow new
and certain former users to try the service. Free trial
eligibility is determined by Pvolve at its sole discretion and
we may limit eligibility or duration to prevent free trial
abuse. We reserve the right to revoke the free trial and put
your account on hold in the event that we determine that you are
not eligible. Individuals, households, or members of an
organization with an existing or recent Pvolve membership are
not eligible. We may use information such as device ID, method
of payment or an account email address used with an existing or
recent Pvolve membership to determine eligibility. For
combinations with other offers, restrictions may apply. We will
charge the membership fee for your next billing cycle to your
payment method that you provide at the end of the free trial
period and your subscription will automatically renew unless you
cancel your subscription prior to the end of the free trial
period. To view the applicable subscription price and end date
of your free trial period, visit our Site and visit the Account
History section of your account page.
If you have any questions about cancelling your membership,
purchased through pvolve.com, at your Pvolve Studio or franchise
studio location, contact us at [email protected].
If you are cancelling a membership purchased through the Apple
App Store or Google Play, please see below.
Apple device/App Store/iOS
If you purchased an on-demand membership via the AppStore or
using an Apple/iOS device, you must cancel through the App
Store. To cancel, follow the below steps on your iPhone, iPad or
iPod:
-Open Settings on your Apple device
-Tap on your Apple ID, iCloud+, Media & Purchases
-Tap ‘View Apple ID’, then enter your Face ID, Touch ID, or
password
-From the Apple ID page, scroll down and tap
‘Subscriptions’
-Choose your Pvolve subscription
-Tap ‘Cancel Subscription’, then ‘Confirm’ on the Confirm
Cancellation window
You will have access to the subscription through the end of your
current billing period. If you've purchased any workout series
as digital downloads, you will still have access to view them in
your Workout Library.
If you have any questions about your Pvolve membership purchased
through your iOS device or would like to request a refund,
please contact Apple Support.
Google Play and Android:
If you purchased an on-demand membership using an Android
device, or via the Google Play Store, Google requires customers
to cancel directly through the Play Store. To cancel, follow the
below steps on your Android device:
-On your Android phone or tablet, open the Google Play
Store.
-Check if you’re signed in to the correct Google Account.
-Tap ‘Menu’, then ‘Subscriptions’.
-Select your Pvolve subscription and tap ‘Cancel’.
-Follow the instructions to complete.
Cancelations are effective at the end of your current billing
cycle. As long as your iTunes or Google Play settings state that
your subscription is canceled, it won’t renew and you should not
be re-billed.
For information on subscription refunds, see returns and refunds
on
Google Play
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT
INFORMATION
We reserve the right to refuse any order you place with us. We
may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These
restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use
the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify
you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to
be placed by dealers, resellers or distributors.
You shall provide current, complete and accurate purchase and
Account information for all purchases made at our store. You
shall 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.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which
we do not monitor, control, or provide input. You acknowledge
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 decision
to use any optional third-party tools.
Any use by you 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).
We may also, in the future, offer new services and/or features
through the Site (including, the release of new tools and
resources). Such new features and/or services shall also be
subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service
may include materials from third-parties. Third-party links on
this Site may direct you to third-party websites that are not
affiliated with us. We are not responsible for the content or
accuracy of any such websites, and we do not warrant and we
disclaim any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or
services of third-parties.
We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any
other transactions made in connection with any third-party
websites. Please review carefully the third-party's policies and
practices and make sure you understand them before you engage in
any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the
third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific submissions (for
example, contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or
otherwise (collectively, “comments”), you agree that we may, at
any time, without restriction, and without compensation, edit,
copy, publish, distribute, translate and otherwise use in any
medium any such comments. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to
pay compensation for any comments; or (3) to respond to any
comments.
We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion is unlawful,
offensive, threatening, libelous, defamatory, pornographic,
obscene, otherwise objectionable, or violates any party’s
intellectual property or these Terms of Service.
You represent and warrant that your comments will not violate
any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You
further represent and warrant that your comments 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 Site, the Service
or any related website. You may 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 comments. You are
solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any
comments posted by you or any third-party.
When you use the Site or send emails to us, you are
communicating with us electronically, you consent to receive
communications from us electronically.
SECTION 9.5 – SOCIAL MEDIA COMMUNITY TERMS OF
ENGAGEMENT
At Pvolve we are proud of our amazing social community. We aim
to always encourage encouragement and feedback. Please respect
the community we have built, as well as all comments and
insights that other social media users may have, including the
methodology behind Pvolve. We reserve the right to delete
comments that contain profanity, body shame anyone depicted in
our content or in the comments, or are spam-like in nature. We
also reserve the right to block and/or ban users who continue to
violate these terms. We are proud to be an inclusive, body
positive community and will not tolerate those who violate these
terms.
SECTION 10 - PERSONAL INFORMATION; ELECTRONIC
COMMUNICATIONS
Your submission of personal information through the store is
governed by our Privacy Policy. When you use the Site or
Services, or send e-mails, messages, and other communications
from your desktop or mobile device to us, you are communicating
with us electronically. You consent to receive communications
from Pvolve and its local franchisees electronically. You agree
that (a) all agreements and consents can be signed
electronically and (b) all notices, disclosures, and other
communications that we provide to you electronically satisfy any
legal requirement that such notices and other communications be
in writing. Pvolve, our franchisees or our service providers may
contact you by telephone, mail, or email to verify your Account
information. Pvolve and/or its franchisees may request further
information from you and you agree to provide such further
information to ensure that you have not fraudulently created
your Account. If you do not provide this information in the
manner requested within 14 days of the request, we reserve the
right to suspend, discontinue, or deny your access to and use of
the Site and the Services until you provide the information to
us as requested.
By providing your mobile number, you are agreeing to be
contacted by or on behalf of Pvolve or its franchisees at the
mobile number you have provided, including calls and text
messages, to receive informational, Services related (e.g.,
progress tracking, reminders, etc.) and communications relating
to the Site and Services, including sales and marketing messages
(which may be sent by automated dialers using an automated
system for the selection or dialing of telephone numbers or the
playing of a recorded message). Message and data rates may
apply. For help, please reach out to our customer support team a
[email protected] or 888-978-3926. To stop receiving text
messages, text STOP34759 in response to the text you have
received from Pvolve. We may confirm your opt out by text
message. If you subscribe to multiple types of text messages
from us, we may unsubscribe you from the service that most
recently sent you a message or respond to your STOP message by
texting you a request to identify services you wish to stop.
Please note, that by withdrawing your consent, some Site
features and certain Services may no longer be available to you.
To opt-out of communications from our franchisees, you must
contact them directly. Keep in mind that if you stop receiving
text messages from us or our franchisees you may not receive
important and helpful information and reminders about your
Services.
When you interact with Pvolve personnel through electronic
communications, we may record (audio and video) all or part of
your interaction with us (“Recordings”). Such Recordings are
used for quality assurance purposes, to better deliver to you
the Services, and to help Pvolve improve the Site. Pvolve will
keep such Recordings confidential, and we will not publically
display such recordings unless legal required to do so, such as
if subject to a court order. By accessing and using the Site,
you agree and consent to such Recordings for the purposes and
uses set forth in these Terms of Service and as otherwise set
forth in the Privacy Policy.
Florida Residents: We endeavor to comply with the Florida
Telemarketing Act and the Florida Do Not Call Act as applicable
to Florida residents. For purposes of compliance, you agree that
we may assume that you are a Florida resident if, at the time of
opt-in to Program, the area code for the phone number used to
opt-into the Program is a Florida area code and that you are the
regular user of that number. You agree that the requirements of
the Florida Telemarketing Act and the Florida Do Not Call Act do
not apply to you, and you shall not assert that you are a
Florida resident, if you do not have a Florida area code or, in
the alternative, do not affirmatively advise us in writing that
you are a Florida resident by sending written notice to us.
Insofar as you are a Florida resident, you agree that mobile
messages sent by Pvolve in direct response to mobile messages or
requests from You (including but are not limited to response to
Keywords, opt-in, help or stop requests and shipping
notifications) shall not constitute a “telephonic sales call” or
“commercial telephone solicitation phone call” for purposes of
Florida Statutes Section 501 (including but not limited to
sections 501.059 and 501.616), to the extent the law is
otherwise relevant and applicable. You have read, agree to and
understand all provisions of this Section 10.
SECTION 10.5 – CUSTOMER REVIEWS
You can provide a review in connection with the Site and
Services (each a “Customer Review”) through several channels.
You acknowledge and agree that you are responsible for any and
all Customer Reviews you make available in connection with the
Site and Services and you agree to indemnify Pvolve for all
Claims (as defined below) resulting from any Customer Review you
make available. You represent and warrant that (a) you have the
authority to grant the rights in any such Customer Review as set
forth below; (b) such Customer Review, and the use thereof, will
not violate any term of these Terms of Service; and (c) all
opinions and statements contained in such Customer Review (i)
are true, honest, and an accurate reflection of your opinions
about Pvolve and its Services, (ii) are not misleading, and
(iii) are based on your own actual personal experience. This
means you will be responsible for the legality, the accuracy,
the appropriateness, the originality, and your rights in any
such Customer Review.
You grant to Pvolve, its affiliates, subsidiaries, licensees,
and assigns the perpetual, worldwide, royalty-free, nonexclusive
and absolute right and license to use, publicly and privately
display, reproduce, publish, publicly and privately perform,
exhibit, distribute or have distributed, transmit or have
transmitted, post, broadcast, sublicense, sell, transfer, store,
or otherwise make any commercial or non-commercial use of any
Customer Review that you make available on the Site, in whole or
in part, for advertising, publicity, internal presentations,
communications and training materials, and any other legal
purpose, in any and all media whether now known or hereafter
developed, including without limitation, on the internet,
without consideration, notice, inspection, review, or approval
thereof. For purposes of clarity, the foregoing grant includes
the rights to modify, edit, combine with other materials,
translate, include in collective works, and create derivative
works based on your Customer Review. You grant to Pvolve the
right to use the first name and last initial associated with any
Customer Review that you make available to Pvolve, in whole or
in part, provided Pvolve shall have no obligation to exercise
such right, or to otherwise provide any attribution for any
Customer Review.
SECTION 11
Marketing - Qualified Invite
Pvolve’s Refer-a-Friend program allows Pvolve members to send a
unique invite link (“Qualified Invite”) to friends and family.
Those who receive the Qualified Invite (“Invitee”) are eligible
to apply a $15 discount toward their first Pvolve purchase, and
those who send the Qualified Invite (“Referrers”) will receive a
$15 discount code that becomes active once the Invitee uses the
Qualified Invite discount code. Referrers are limited to one
Qualified Invite for each Invitee. In other words,
additional/repeat purchases made by an Invited Customer are not
counted as additional Qualified Invites and will not result in
multiple referral discount codes.
Invited Customer - The Invitee and the Referrer cannot be the
same person (for example, by using a different email address).
An Invitee can only use a discount code resulting from a
Qualified Invite once.
Referral Discount Codes - For you to earn referral discount
codes as a Referrer, the Invitee must complete an order from
Pvolve. Only one referral discount code can be used per
purchase.
Eligibility - Eligibility is limited to individuals only. The
Pvolve Refer-a-Friend program cannot be used by businesses for
affiliate lead generation as determined at Pvolve’s sole
discretion.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our Site or in the
Service 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 Service, the Site, or
on any related website is inaccurate at any time without prior
notice (including after you have submitted your order). We
undertake no obligation to update, amend or clarify information
in the Service, the Site, or on any related website, including
without limitation, pricing information, except as required by
law. No specified update or refresh date applied in the Service,
the Site, or on any related website, should be taken to indicate
that all information in the Service, the Site, or on any related
website has been modified or updated.
SECTION 13 - PROHIBITED USES; PASSWORDS
In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the Site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform
or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our
intellectual property rights or the intellectual property rights
of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g)
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 Service, the Site, or of any
other websites, or the internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the
security features of the Service, the Site, or of any other
websites, or the internet. We reserve the right to terminate
your use of the Service, the Site, or of any other websites for
violating any of the prohibited uses. Pvolve may investigate
occurrences that may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations. You agree not to use
any device, software, or routine to interfere or attempt to
interfere with the proper working of this Site or any activity
being conducted on this Site.
You agree to fully, accurately, and truthfully create your
Pvolve Account (“Account”), including but not limited to your
name, mailing address, phone number, email address, and
password, which become your Pvolve ID and credentials. The
Pvolve ID or credentials are personal to you, and you are solely
responsible for maintaining the confidentiality of your Pvolve
ID or credentials, and for all activities that occur under such
Pvolve ID or credentials. You agree to prohibit anyone else from
using your Pvolve ID or credentials and agree to immediately
notify Pvolve of any actual or suspected unauthorized use of
your Pvolve ID or credentials or other security concerns of
which you become aware. Your access to the Site may be revoked
by Pvolve at any time with or without cause.
SECTION 14 – INTELLECTUAL PROPERTY
The trademarks, logos, slogans, and service marks displayed on
our Site are our property. Users are prohibited from using the
trademarks, logos, slogans, and service marks for any purpose
including, but not limited to, use as metatags on other pages or
sites without our prior, express written permission. Users are
prohibited from modifying, copying, distributing, transmitting,
displaying, publishing, selling, licensing, creating derivative
works or using any content available on or through the Site,
whether or not such modification, copying, distribution,
transmission, display, selling, licensing, derivative works, or
use constitutes copyright infringement.
We disclaim any responsibility or liability for copyrighted
materials posted on our Site. If you believe that your work has
been copied in a manner that constitutes copyright infringement,
please follow the procedures set forth below.
Pvolve respects the intellectual property rights of others and
expects its users to do the same. In accordance with the Digital
Millennium Copyright Act ("DMCA"), we will respond promptly to
notices of alleged infringement that are reported to Pvolve’s
Designated Copyright Agent, identified below. If you are a
copyright owner, authorized to act on behalf of one, or
authorized to act under any exclusive right under copyright,
please report alleged copyright infringements taking place on or
through our Site by sending us a notice ("Copyright Notice")
complying with the following requirements.
Identify the copyrighted works that you claim have been
infringed.
Identify the material or link you claim is infringing (or the
subject of infringing activity) and that access to which is to
be disabled, including at a minimum, if applicable, the URL of
the link shown on the Site where such material may be
found.
Provide your mailing address, telephone number, and, if
available, email address.
Include both of the following statements in the body of the
Copyright Notice:
"I hereby state that I have a good faith belief that the
disputed use of the copyrighted material is not authorized by
the copyright owner, its agent, or the law (e.g., as a fair
use)."
"I hereby state that the information in this Copyright Notice is
accurate and, under penalty of perjury, that I am the owner, or
authorized to act on behalf of the owner, of the copyright or of
an exclusive right under the copyright that is allegedly
infringed."
Provide your full legal name and your electronic or physical
signature.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR
SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE. WE DO NOT WARRANT THAT YOU WILL OBTAIN ANY
PARTICULAR RESULTS FROM THE USE OF OUR SITE OR SERVICES AND THAT
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR
SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME
TO TIME WE MAY REMOVE THE SITE OR THE SERVICE FOR INDEFINITE
PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT
NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR
INABILITY TO USE, THE SITE OR THE SERVICES IS AT YOUR SOLE RISK.
THE SITE, THE SERVICES AND ALL INFORMATION, CONTENT, PRODUCTS,
AND SERVICES DELIVERED TO YOU THROUGH THE SITE AND 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.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS
SITE, SERVICES, AND LINKED WEBSITES. PVOLVE DOES NOT WARRANT
THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES,
WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE
RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY
YOUR NEEDS FOR DATA BACK UP AND SECURITY.
IN NO CASE SHALL PVOLVE, OUR DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE
PROVIDERS OR LICENSORS 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 SITE OR THE
SERVICE OR ANY PRODUCTS PROCURED USING THE SITE OR THE SERVICE,
OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE
SITE OR 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 SITE OR THE
SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICE, EVEN IF
ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW. TO THE EXTENT ANY ASPECTS OF
THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE
MAXIMUM LIABILITY OF PVOLVE TO YOU WITH RESPECT TO YOUR USE OF
THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO
WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT
LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
THE CONTENT AVAILABLE VIA THE SITE AND SERVICE, INCLUDING
WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS,
ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL
PURPOSES ONLY. IT IS NOT A SUBSTITUTE FOR AND DOES NOT
CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR
RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE
OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR
CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY
MEDICAL CONDITIONS. DO NOT DISREGARD, AVOID OR DELAY OBTAINING
MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE
PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE.
PVOLVE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS,
PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION
THAT MAY BE INCLUDED ON THE SITE. RELIANCE ON ANY INFORMATION
APPEARING ON THE SITE, WHETHER PROVIDED BY PVOLVE, ITS CONTENT
PROVIDERS, ITS CLIENTS, VISITORS TO THE SITE OR OTHERS, IS
SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON OR AVAILABLE VIA THE SITE IS
INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF
MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE
PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT
LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING
HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR
ADVICE.
THE SITE AND ITS CONTENT ARE CONTINUALLY UNDER DEVELOPMENT AND
PVOLVE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO
THEIR ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS
AND NUTRITIONAL ADVICE THAT APPEARS HERE AND NO ASSURANCE CAN BE
GIVEN THAT THE ADVICE CONTAINED OR OBTAINED ON OR THROUGH YOUR
USE OF THE SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR
DEVELOPMENTS.
SECTION 16 - INDEMNIFICATION
You shall indemnify, defend and hold harmless Pvolve and our
parent, subsidiaries, affiliates, partners, members, 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,
your use of the Site or Services, or your violation of any law
or the rights of a third-party. This indemnification shall
survive your use of the Site and these Terms of Service.
SECTION 17 - 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 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to
the termination date shall survive the termination of this
agreement for all purposes. These Terms of Service are effective
unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us in
writing that you no longer wish to use our Service, or when you
cease using our Site. If in our sole judgment you fail, or we
suspect that you have failed, to comply with any term or
provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable
for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Service (or any
part thereof).
SECTION 19 - 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 governs 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). Without limiting the generality of the
foregoing, certain coupons, sweepstakes, contests, discounts,
and other promotional events and activities provided by Pvolve
may contain modified or additional terms to these Terms of
Service as indicated expressly in connection therewith. Any
ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
SECTION 20 - ARBITRATION; GOVERNING LAW
We will try to work in good faith to resolve any issue you have
with the Site, including without limitation, Services ordered or
purchased through the Site, if you bring that issue to the
attention of our customer service department. However, we
realize that there may be rare cases where we may not be able to
resolve an issue to a customer's satisfaction.
You and Pvolve (each, a “Party,” together, the “Parties”) hereby
agree and consent that any claim, controversy, or dispute
related to or arising out of access to and/or use of the Site,
these Terms of Service (including the breach hereof), our use of
your data, or our marketing or communication with you, whether
based in contract, tort, statute, or other legal theory
(“Disputes”), will be resolved by binding individual arbitration
as described below. To the extent permissible by law,
Disputes include, but are not limited to, disputes that arose
before this or any prior agreement (including, but not limited
to, disputes relating to advertising or privacy); disputes that
would otherwise be subject to pre-existing class action
litigation for which you may be a putative class member; and
disputes that may arise after the termination of these
terms.
Arbitration is more informal than bringing a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or
jury, and is subject to very limited review by courts.
Arbitration allows for more limited discovery than in court,
however, we agree to cooperate with each other to agree to
reasonable discovery in light of the issues involved and amount
of the claim. Arbitrators can award the same damages and relief
that a court can award, but in so doing, the arbitrator shall
apply substantive law regarding damages as if the matter had
been brought in court, including without limitation, the law on
punitive damages as applied by the United States Supreme Court.
You agree that, by agreeing to these Terms of Service, the U.S.
Federal Arbitration Act governs the interpretation and
enforcement of this provision, and that you and Pvolve are each
waiving the right to a trial by jury or to participate in a
class action. This arbitration provision shall survive
termination of these Terms of Service and any other contractual
relationship between you and Pvolve.
If you desire to assert a claim against Pvolve, and you
therefore elect to seek arbitration, you must first send to
Pvolve, by certified mail, a written notice of your claim
("Notice"). The Notice to Pvolve should be addressed to: Pvolve
LLC. If Pvolve desires to assert a claim against you and
therefore elects to seek arbitration, it will send, by certified
mail, a written Notice to the most recent address we have on
file or otherwise in our records for you. A Notice, whether sent
by you or by Pvolve, must (a) describe the nature and basis of
the claim or dispute, and (b) set forth the specific relief
sought ("Demand"). If Pvolve and you do not reach an agreement
to resolve the claim within 30 days after the Notice is
received, you or Pvolve may commence an arbitration proceeding
or file a claim in small claims court. During the arbitration,
the amount of any settlement offer made by Pvolve or you shall
not be disclosed to the arbitrator. You may download or copy a
form Notice and a form to initiate arbitration from the American
Arbitration Association at www.adr.org. If you are required to
pay a filing fee, after Pvolve receives notice at the Notice
Address that you have commenced arbitration, it will promptly
reimburse you for your payment of the filing fee, unless your
claim is for more than US $5,000.
The arbitration will be governed by the Commercial Arbitration
Rules and the Supplementary Procedures for Consumer Related
Disputes (collectively, "AAA Rules") of the American Arbitration
Association ("AAA"), as modified by these Terms of Service, and
will be administered by the AAA. The AAA Rules and Forms are
available online at www.adr.org, by calling the AAA at
1-800-778-7879, or by requesting them from us by writing to us
at the Notice Address. The arbitrator is bound by the terms of
these Terms of Service. All issues are for the arbitrator to
decide, including, but not limited to, issues relating to the
scope and enforceability of these Terms of Service, including,
but not limited to, this arbitration agreement. Unless Pvolve
and you agree otherwise, any arbitration hearings will take
place in New York, NY. (If you reside outside of the United
States, any arbitration hearings will take place in your country
of residence at a location reasonably convenient to you, but
will remain subject to the AAA Rules including, but not limited
to, the AAA rules regarding the selection of an arbitrator). If
your claim is for US $10,000 or less, we agree that you may
choose whether the arbitration will be conducted solely on the
basis of documents submitted to the arbitrator, through a
telephonic hearing, or by an in-person hearing as established by
the AAA Rules. If your claim exceeds US $10,000, the right to a
hearing will be determined by the AAA Rules. Regardless of the
manner in which the arbitration is conducted, the arbitrator
shall issue a reasoned written decision sufficient to explain
the essential findings and conclusions on which the award is
based. If the arbitrator issues you an award that is greater
than the value of Pvolve’s last written settlement offer made
before an arbitrator was selected (or if Pvolve did not make a
settlement offer before an arbitrator was selected), then Pvolve
will pay you the amount of the award or US $1,000, whichever is
greater. Except as expressly set forth herein, the payment of
all filing, administration, and arbitrator fees will be governed
by the AAA Rules. Each party shall pay for its own costs and
attorneys' fees, if any. However, if any party prevails on a
statutory claim that affords the prevailing party attorneys'
fees, or if there is a written agreement providing for payment
or recovery attorneys’ fees, the arbitrator may award reasonable
fees to the prevailing party, under the standards for fee
shifting provided by law.
YOU AND PVOLVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and Pvolve
agree otherwise, the arbitrator may not consolidate more than
one person's claims with your claims, and may not otherwise
preside over any form of a representative or class proceeding.
The arbitrator may award declaratory or injunctive relief only
in favor of the individual party seeking relief and only to the
extent necessary to provide relief warranted by that party's
individual claim.
If the arbitration terms and conditions of this Section, are
found to be unenforceable, then (i) the entirety of this
arbitration provision shall be null and void, but the remaining
provisions of these Terms of Service shall remain in full force
and effect, and (ii) exclusive jurisdiction and venue for any
claims will be in state or federal courts located in and for New
York, New York.
SECTION 21 - 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 Site. It is your responsibility to check our
Site periodically for changes. Your continued use of or access
to our Site or the Service following the posting of any changes
to these Terms of Service constitutes acceptance of those
changes.
SECTION 22 - APPLICATION TERMS
All questions and requests relating to Site support must be
directed to Pvolve. To submit a support request, please email us
at [email protected]. The Select Third Parties, as defined below,
are not responsible for providing support for the application
portions of the Site and may not be contacted for support.
Pvolve will use commercially reasonable efforts to respond to
questions and provide support. Please note that we may change or
remove functionality and other features of the Site at any time,
without notice.
Pvolve will have no liability for errors, unreliable operation,
or other issues resulting from use of the Site on or in
connection with rooted or jail broken devices or use on any
mobile device that is not in conformance with the manufacturer’s
original specifications, including, but not limited to, use of
modified versions of the operating system (collectively,
“Modified Devices”). Use of the Site on Modified Devices will be
at your sole and exclusive risk and liability.
Your wireless carrier, the manufacturer and retailer of your
mobile device, the developer of the operating system for your
mobile device, the operator of any application store,
marketplace, or similar service through which you obtain the
Site, and their respective affiliates, suppliers, and licensors
(collectively, the “Select Third Parties”) are not parties to
these Terms of Use and they do not own and are not responsible
for the Site. Pvolve, and not any Select Third Parties, is
responsible for addressing any claims raised by you or any third
party regarding the Site or your use or possession thereof,
including, but not limited to, claims related to product
liability, legal, or regulatory requirements, and consumer
protection or similar legislation. You are responsible for
complying with all application store and other applicable Select
Third Parties’ terms and conditions. YOU AGREE: (A) THE SELECT
THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH
RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET
ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR
PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE,
EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
(WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE)
ARISING OUT OF THIS AGREEMENT OR THE SITE, EVEN IF THEY HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND
(C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD
PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE
DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW
KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT
THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF USE.
THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF
THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS
TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED
AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN
YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT
MATTER. In the event of any claim that the Site or your
possession and use of the Site infringes a third party’s
intellectual property rights, the Select Third Parties are not
responsible for the investigation, defense, settlement, or
discharge of the infringement claim.
SECTION 23 – REFER-A-FRIEND PROGRAM TERMS AND
CONDITIONS
As a Refer-a-Friend member (a "Referrer"), you are subject to
these Terms of Service and our
Privacy Policy, as well as the following additional terms & conditions
for Pvolve's Refer-a-Friend program:
-Qualified Referral. A Qualified Referral is
defined as a purchase made at
https://www.pvolve.com/by a person (a "Referred Customer") who arrives to our website
by clicking your Refer-a-Friend program link. You are limited to
one Qualified Referral for each Referred Customer; in other
words, additional/repeat purchases made by a Referred Customer
are not counted as additional Qualified Referrals.
-Referred Customer. The Referred Customer and
the Referrer cannot be the same person (for example, by using a
different email address).
-Referral Rewards. For you to earn referral
rewards as a Referrer, the Referred Customer must complete an
order for a Pvolve Kit, Essentials Kit or Total Transformation
Kit, not subject to returns, chargebacks, or fraudulent
payments.
-Reward Payments. Rewards are payable in
increments of $30. The maximum Qualified Referrals earned per
calendar year may be no more than 50 Qualified Referrals. As a
Referrer, you are responsible for any and all tax liability
resulting from Referral Rewards.
-Eligibility. Eligibility is limited to
individuals only. Pvolve's Refer-a-Friend Program cannot be used
by businesses for affiliate lead generation as determined in
Pvolve's sole discretion. (we believe corporations are not
people!)
-No Spam. You must comply with all up-to-date
"SPAM" laws. For example, emails must be created and distributed
in a personal manner and bulk email distribution is strongly
discouraged. Any distribution of your referral link that could
constitute unsolicited commercial email or "spam" under any
applicable law or regulation is expressly prohibited and will be
grounds for immediate termination of your account and exclusion
from Pvolve's Refer-a-Friend program.
-Right to Close Accounts. Pvolve reserves the
right to close the account(s) of any Referrer and/or Referred
Customer and to request proper payment if the Referrer and/or
Referred Customer attempts to use the Pvolve Refer-a-Friend
program in a questionable manner or breaches any of these Terms
& Conditions or is in violation of any law, statute or
governmental regulation.
-Right to Cancel Refer-a-Friend Program or Change Terms. Pvolve reserves the right to cancel the
Refer-a-Friend Program or to change these Terms & Conditions
at any time in its sole discretion. Any unclaimed referral
rewards will be forfeited at that time.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
[email protected] or 888-978-3926.
Updated June 27, 2024