Terms & Conditions

Thank you for visiting the H-PROOF® website located at www.H-PROOF.com (the “Site”). The Site is an Internet property of Kaplan Laboratory LLC and H-PROOF LLC (collectively, “H-PROOF®” “we,” “our” or “us”). The following H-PROOF® Website Terms and Conditions (“Terms and Conditions”) are inclusive of the H-PROOF® Privacy Policy (“Privacy Policy”), the H-PROOF® Return Policy (“Return Policy”), the H-PROOF® Frequently Asked Questions (“FAQ”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).

Each end-user visitor to the Site (“user,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or downloads any of the: (i) text, audio, video, photographs, graphics, artwork, testimonials, product reviews (“Reviews”), recipes and/or other content featured on the Site (collectively, “Informational Content”); and/or (ii) links to third party websites, products and/or services (“Third-Party Links,” and together with the Informational Content, the “Content”); (c) accesses links to H-PROOF®’s social media pages/accounts (collectively, “Social Media Pages”) on third-party social media websites, such as Facebook®, Instagram® and TikTok® (“Social Media Websites”); (d) purchases any of the H-PROOF® products featured on the Site, either through the retail or wholesale options made available to users (collectively, “H-PROOF® Products”); (e) registers to participate in the Referral Program (as defined below); and/or (f) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, H-PROOF® (collectively, the “Contact Services,” and together with the Site, Content, Social Media Pages, H-PROOF® Products and Referral Program, the “Site Offerings”).

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST H-PROOF®, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY MERCHANDISE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

Instagram® and Facebook® are registered trademarks of Meta Platforms, Inc. (“Meta”). TikTok® is a registered trademark of ByteDance Ltd. (“TikTok”). Please be advised that H-PROOF® is not in any way affiliated with Meta or TikTok, nor are the Site Offerings endorsed, administered or sponsored by Meta or TikTok.

Disclaimers

You acknowledge and understand that the H-PROOF® Products and associated Content have not been evaluated by the US Food & Drug Administration (“FDA”). The FDA only evaluates food and drugs, not supplements and/or nutraceuticals, such as the H-PROOF® Products. The H-PROOF® Products, Content and other material made available by and through the Site Offerings: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease; (b) are not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician.

You should always consult with your physician or other healthcare professional before utilizing any H-PROOF®Products and/or adopting any treatment for a health problem, whether featured by and through the Site Offerings or otherwise. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. If you have or suspect that you have a medical problem as a result of any H-PROOF®Products and/or treatment for a health problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with any other Site Offerings.

Without limiting the foregoing, those who are taking medication or are under treatment for any disease, or are pregnant or lactating, please consult with your health care professional before utilizing any H-PROOF® Products.

Further, the H-PROOF®Products, as well as the drink recipes that incorporate H-PROOF®Products, as featured on the Site, contain ingredients that you may be allergic to. You should always check the ingredients contained in the H-PROOF® Products and recipes to avoid potential allergic reactions.If you have, or suspect that you are experiencing, an allergic reaction or other adverse health event, promptly contact your health care provider.

Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between users and H-PROOF® with respect to users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
Requirements; Termination of Access to the Site Offerings; Necessary Equipment. The Site Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdictions of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdictions of residence) and/or individuals who cannot enter into legally binding contracts under applicable law. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the Site Offerings.

To the extent permitted by applicable law, H-PROOF® may terminate your right to access the Site Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Site Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Site Offerings.

You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. H-PROOF® does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. H-PROOF® does not guarantee that the Site Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and H-PROOF® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
Registration Forms. In order to purchase H-PROOF® Products and/or utilize certain Site Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a “Form”). The information that you must supply on a Form may include, without limitation: (a) your full name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your credit card information (where purchasing H-PROOF® Products); (f) your company name (where purchasing H-PROOF® Products wholesale); (g) your company website (where purchasing H-PROOF® Products wholesale); and/or (h) any other information requested by us on the applicable registration Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.

H-PROOF®’s use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
Purchasing H-PROOF® Products. You can purchase H-PROOF® Products by and through the Site by completing the applicable Form and providing the requisite Registration Data. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE.

One-Time Purchase: Where you purchase H-PROOF® Products in a one-time transaction, the credit card or debit card account (collectively, “Payment Method”) that you provide on the Form (or update at a later date) will be charged the amount listed on the Site for the subject H-PROOF® Products, plus any applicable sales tax and shipping and handling charges.

Automatic Renewal Programs: Where you purchase H-PROOF® Products in connection with an automatically renewing subscription model (“Automatic Renewal Program”), your Payment Method will be charged the applicable amount for the subject H-PROOF® Products on a recurring basis for as long as that Automatic Renewal Program remains active (the “Recurring Fees”). Such Recurring Fees will be charged in advance, and you acknowledge and agree that H-PROOF® will not obtain any additional authorization from you for the applicable Automatic Renewal Program’s Recurring Fees. Every time that you accept delivery of the subject H-PROOF® Products, you re-affirm that H-PROOF® is authorized to charge your Payment Method and to have the Recurring Fees applied to same. If you wish to cancel an Automatic Renewal Program, you may do so at any time by: (i) Clicking the "Manage or Cancel Subscription" link in the website footer or here; (ii) calling us at: (855) 322-6050; or (iii) e-mailing us at: team@H-PROOF.com. Please be advised, all Automatic Renewal Programs must be cancelled prior to the processing of an order in connection with same to avoid incurring charges for same.

General Billing Terms: You must promptly notify us if your Payment Method is cancelled or is no longer valid (e.g., due to loss or theft) or your H-PROOF® Products shipment may be delayed or cancelled. Changes to such information can be made by contacting a customer care professional at: (855) 322-6050 or team@H-PROOF.com. If you participate in a Recurring Fee program using a credit card and your credit card fails to process for any reason, you agree that: (a) H-PROOF® may contact you for alternate payment information via any phone number (including a cell phone number) or e-mail address provided by you; and/or (b) H-PROOF® reserves the right to make additional attempts to charge the Payment Method.

The fees associated with your purchases will appear on your Payment Method statement through the identifier “H-PROOF”. All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the H-PROOF® Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of H-PROOF® in effect at any given time. Upon reasonable prior notice to you (with Site-updates and/or e-mail sufficing), H-PROOF® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of H-PROOF® Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification and any changes to the cost of the H-PROOF® Products that are subject to an Automatic Renewal Program will come with all legally required prior notice.

Electronic Signatures: H-PROOF®’s authorization to provide and bill for the H-PROOF® Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. H-PROOF®’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the “E-Sign Act”). Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.

Restrictions; Incorrect Price Listings: Other than where you purchase the H-PROOF® Products through the wholesale options made available on the Site, you agree that: (a) any H-PROOF® Products that you purchase from H-PROOF® will be used for your personal, non-commercial use; and (b) you will not re-sell, re-distribute, or export any H-PROOF® Products that you order from H-PROOF®. To the extent that your conduct may be fraudulent, such as attempting to purchase or purchasing H-PROOF® Products through the use of fake or stolen credit/debit cards or payment instruments, H-PROOF® will report you to federal, state and/or local enforcement authorities and take any additional legal action deemed appropriate by H-PROOF®.

In the event that an H-PROOF® Product is listed at an incorrect price point due to a typographical error or technical issue, H-PROOF® shall have the right to refuse or cancel any orders placed for that H-PROOF® Product so listed at the incorrect price. H-PROOF® shall have the right to limit the number of H-PROOF® Products purchased through the Site. H-PROOF® shall have the right to refuse or cancel any order whether or not the order has been confirmed and your Payment Method charged. If your Payment Method has already been charged for the purchase and your order is canceled, H-PROOF® shall immediately issue a credit to your Payment Method account in the amount of the charge.
H-PROOF® Products. The H-PROOF® Products remain, at all times, subject to the disclaimers contained herein and on the Site. H-PROOF® attempts to be as accurate as possible when describing the H-PROOF® Products. However, H-PROOF® does not warrant that the H-PROOF® Product descriptions (or other Content contained on the Site) are accurate, complete, reliable, current or error-free. If the H-PROOF® Products offered on the Site are not as described, your sole remedy is to return the H-PROOF® Products.

The Site contains H-PROOF® Products inventory information. This information can be used to estimate the likelihood that the applicable H-PROOF® Products will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that H-PROOF® Products listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day, and hour-to-hour. In rare cases, H-PROOF® Products may be in stock when you place your order and sold out by the time that your order is processed. Should this happen, we will notify you via email. If for any reason we determine that backordered H-PROOF® Products are no longer available, we will cancel your order, notify you immediately via email and provide you with a refund.
Return Policy. If, for any reason, you are dissatisfied with the H-PROOF® Product(s) purchase you made from the Site, you may return the H-PROOF® Product(s) within thirty (30) days for a refund, less shipping and handling; provided, however, that: (a) we will only accept returns of your first order of a given H-PROOF® Product; (b) we will only accept returns up to the minimum purchasable unit of a given H-PROOF® Product (for example, if you purchased three (3) units of a given H-PROOF® Product that are also sold in units of one (1), we will only process a return and refund for one (1) unit of that H-PROOF® Product); (c) we will only accept returns of H-PROOF® Products purchased through the Site; and (d) we will not accept returns of H-PROOF® Product purchased wholesale or in connection with a promotional event. If you have any questions, please contact us at team@H-PROOF.com.
Content. The Site contains Content which includes, but is not limited to, Reviews, recipes, text, audio, video, photographs, graphics, artwork, testimonials and other information about H-PROOF® and/or the H-PROOF® Products. The Content is compiled, distributed and displayed by H-PROOF®, as well as third-party content providers, such as other Site users (collectively, “Third-Party Providers”). H-PROOF® does not control the Content provided by Third-Party Providers that is made available by and through the Site Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk. H-PROOF® does not represent or warrant that the Content and other information posted by and through the Site Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that H-PROOF® will not be responsible for, and H-PROOF® undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that H-PROOF® shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.
Reviews.

(a) From time-to-time H-PROOF® may solicit and/or accept customer Reviews through the Site, or through other media/venues. We have no obligation to police or otherwise screen Reviews; provided that, we may accept or reject Reviews (and remove any Review previously published) for any reason, in our sole discretion. We do not endorse any Reviews and Reviews do not necessarily represent our opinions or views.

(b) By sending us your Review, you irrevocably grant H-PROOF® the right to use the Review in any and all forms of marketing and promotional material including, without limitation, website publications, print advertisements (“ads”), online ads, television ads, radio ads, interactive media, as well as extracts and reproductions of any portion thereof, and for any and all other uses. interactive media, as well as extracts and reproductions of any portion thereof, and for any and all other uses. If you submit a Review, you acknowledge and agree that you are not: (i) an employee, officer or director of H-Proof™; (ii) an immediate family member of an employee, officer or director of H-Proof™; or (iii) living in the same household with an employee, officer or director of H-Proof™. You understand and agree that the Review, in whole or in part, may be edited and/or dramatized, and that any part of the Review may be used without compensation to you. You agree that no ad or other material incorporating or making reference to the Review need be submitted to you for approval and H-PROOF® shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Review. You expressly release H-PROOF® from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, ad or promotion utilizing or incorporating the Review, or any other use of the Review whatsoever. You acknowledge and agree that H-PROOF® shall not be liable for any causes of action or claims related to your decision to provide the Review to H-PROOF®.

(c) Where you receive free H-PROOF® Products and/or any other form of compensation in connection with submitting a Review, you shall ensure that, at all times, you fully comply with: (i) the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials and Native Advertising: A Guide for Businesses (collectively, the “FTC Guidelines”); (ii) the FTC’s Disclosures 101 for Social Media Influencers; (iii) the FTC’s Do's and Don'ts for Social Media Influencers; and (iv) the FTC’s Do you endorse things on social media? (collectively, the “Endorsement Guides”). Without limiting your obligations to comply with the Endorsement Guides, you must clearly and conspicuously disclose your “material connection” with H-Proof™, using simple and clear language, that you have received financial compensation and/or free H-PROOF® Products, as applicable, in connection with submitting a Review.

(d) You agree that you are solely responsible for the content of your Review(s). You certify to H-PROOF® that everything contained in the Review is true and an expression of your personal belief. You acknowledge and agree that at no time did H-PROOF® provide you with any consultation, advice or guidance with respect to the substance of the Review. You agree to comply with all applicable laws and regulations in connection with your Review(s). You may not post a Review if you, or a member of your household, is employed by a competitor of H-PROOF®. You may not organize a campaign or otherwise encourage others to post a Review, whether positive or negative.

(e) Without limiting the foregoing, you agree not to: (i) display any telephone numbers, street addresses, last names, e-mail addresses or any confidential information of any third party; (ii) include any text containing confidential information of any third party; (iii) include any text that may be deemed indecent, offensive, harmful or obscene in your community, as defined under applicable law; (iv) include any text that may be deemed libelous, defamatory, false or misleading; (v) include any text that may be deemed hate speech and/or material that discriminates on the basis of race, ethnicity, gender, age, disability, religion, marital status or sexual orientation; (vi) impersonate any person or entity; (vii) “stalk” or otherwise harass any person; (viii) express or imply that any statements you make are endorsed by H-PROOF®; and/or (ix) include any copyrighted material, trademarks or other proprietary information of any third party without obtaining the prior consent of the owner of such proprietary rights. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement. H-PROOF® reserves the right to pursue any and all legal remedies against users that engage in the aforementioned prohibited conduct.
Social Media Pages. The Site contains links to the various H-PROOF® Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that H-PROOF® shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
Referral Program. H-PROOF® may, from time-to-time, make a referral program (“Referral Program”) available to users that grants users the ability to earn discounts, coupons and other awards (collectively, “Rewards”). Each user participating in the Referral Program (each, a "Referrer") will be provided with the opportunity to refer prospective new users to H-PROOF® (“Referrals”). The exact amount and type of the Reward may vary from time-to-time, as detailed on the Site. Already-existing Site users and/or users who had previously purchased H-PROOF® Products (or who share a household with a user who had previously purchased H-PROOF® Products) at any time, will not count as Referrals.

(a) As a Referrer, your activities in connection with generating Referrals (“Referral Activities”), and the materials used by you in connection with same (“Creative”), must: (i) comply with all applicable laws, rules and regulations including, without limitation, the CAN-SPAM Act of 2003, as amended and the Federal Trade Commission’s report entitled, “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers,” as amended; (ii) not infringe upon any third party intellectual property or other proprietary rights; (iii) include prominent disclosures that you stand to gain financially where the prospective Referral(s) make(s) qualifying H-PROOF® Product purchases; and (iv) comply with the FTC Guidelines.

(b) H-PROOF® reserves the right to invalidate any Rewards awarded to you for any Prohibited Conduct. For purposes of the Agreement, “Prohibited Conduct” is defined as those instances where you engage in any of the following: (i) any Referral Activities via facsimile or telemarketing; (ii) any Referral Activities in connection with mobile telephones or portable electronic devices conducted via SMS, Smart Messaging, EMS, MMS or any other type of text messaging service or protocol; (iii) violations of the terms of service of, or Abusing, Social Media Websites in connection with your Referral Activities (for purposes of the Agreement, “Abuse” shall mean spamming, sending any unsolicited mass mailing or instant messaging, using social media websites for commercial purposes, making any automated use of systems, such as using scripts to send bulletins or other communications, or any other activity that violates the applicable terms of service); (iv) any unlawful activity; (v) any fraudulent or deceptive activity; and/or (vi) any conduct that H-PROOF® reasonably objects to.

(c) You shall not place any Creative in, on or through any e-mail messages or online venue that contains, promotes, references, or has links to: (i) web pages with no content; (ii) profanity, sexually explicit material, hate material, material that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or family status, or any other material deemed unsuitable or harmful to the reputation of H-PROOF®; (iii) piracy (of software, videos, audio/music, books, video games, etc.), hacking/cracking/phreaking, emulators/ROMs, or distribution of copyrighted materials; (iv) illegal activities or advice; (v) deceptive acts or practices; (vi) violations of the rights of others, such as intellectual property or privacy rights; (vii) personal web pages, non-English language pages, free hosted pages or venues under construction; or (viii) activities generally understood as Internet abuse including, but not limited to, the sending of unsolicited bulk electronic mail.

IMPORTANT:

USERS ARE NOT PERMITTED TO OPEN ANY ADDITIONAL, SEPARATE USER ACCOUNTS UNDER ALIASES IN ORDER TO ADD THEMSELVES AS REFERRALS AND EARN REWARDS IN CONNECTION WITH THOSE ADDITIONAL USER ACCOUNTS (“SELF-REFERRAL”).

REFERRALS MUST CLICK THROUGH THE REFERRAL LINK IN ORDER FOR THE REFERRER TO EARN REWARDS. IF A PROSPECTIVE REFERRAL DOES NOT REGISTER VIA THE REFERRAL LINK, THAT PROSPECTIVE REFERRAL SHALL NOT BE CONSIDERED A REFERRAL AND THE PROSPECTIVE REFERRER WILL NOT RECEIVE ANY CORRESPONDING REWARDS.

H-PROOF® RESERVES THE RIGHT TO INVALIDATE ANY PROSPECTIVE REFERRAL AND/OR ANY ASSOCIATED REWARDS WHERE H-PROOF® DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT THE REFERRAL: (i) IS A SELF-REFERRAL; (ii) WAS GENERATED USING ANY FRAUDULENT OR DECEPTIVE METHOD; (iii) WAS GENERATED IN BAD FAITH; OR (iv) WAS OTHERWISE GENERATED IN VIOLATION OF THE AGREEMENT.
Representations and Warranties. Each user hereby represents and warrants to H-PROOF® as follows: (a) the Agreement constitutes the legal, valid and binding obligation of user, which is fully enforceable against such user in accordance with its terms; (b) user understands and agrees that user has independently evaluated the desirability of utilizing the Site Offerings and that user has not relied on any representation and/or warranty other than those set forth in the Agreement; and (c) the execution, delivery and performance of the Agreement by user will not conflict with or violate: (i) any applicable law; (ii) any order, judgment or decree applicable to user; and/or (iii) any agreement or other instrument applicable to user.
Indemnification. Each user agrees to indemnify, defend and hold H-PROOF®, its officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that user and any third parties; (b) that user’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that user’s unauthorized and/or improper use of the Site Offerings. The provisions of this Section 12 are for the benefit of H-PROOF®, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, shareholders, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against users on its own behalf.
License Grant. Each user is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. H-PROOF® may terminate this license at any time for any reason. Unless otherwise expressly authorized by H-PROOF®, users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No user or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by H-PROOF®. No user or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No user or other third party may create any “derivative works” by altering any aspect of the Site Offerings. No user or other third party may use the Site Offerings in conjunction with any other third-party content. No user or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by H-PROOF®. Each user further agrees to indemnify and hold H-PROOF® harmless for that user’s failure to comply with this Section 13. H-PROOF® reserves any rights not explicitly granted in the Agreement.
Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any user or other third party of any part of the Site Offerings is strictly prohibited. No user or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “H-Proof” name and logo, and all associated graphics, icons and service names, are registered trademarks of Kaplan Laboratory, LLC. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.
Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and H-PROOF® will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
Disclaimer of Warranties. THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, H-PROOF® MAKES NO WARRANTY THAT THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. H-PROOF® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM H-PROOF® OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT H-PROOF® SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF H-PROOF® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND THE OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA, ACCOUNT AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE, OR OTHER SITE OFFERINGS INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE PAGES VISITED, TIME SPENT ON EACH SITE PAGE, NAVIGATION PATH THROUGH THE SITE, AND/OR ANY ACTION TAKEN ON THE SITE, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; (E) THE FAILURE TO REALIZE ANY SPECIFIC MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND/OR (F) THE OTHER MATTER RELATING TO THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES H-PROOF® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF H-PROOF® TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE THOUSAND DOLLARS ($1,000.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR H-PROOF® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND H-PROOF®. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF H-PROOF® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Third Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites and/or Third-Party Links. H-PROOF® does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by H-PROOF® of the applicable website or any association with the website’s operators. Because H-PROOF® has no control over such websites and/or resources, each user agrees that H-PROOF® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any user’s data privacy by third parties. Each user further agrees that H-PROOF® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
Copyright Policy/DMCA Compliance. H-PROOF® reserves the right to terminate the account of any user who infringes upon third-party copyrights. If any user or other third-party believes that a copyrighted work has been copied and/or posted via the Site Offerings in a way that constitutes copyright infringement, that party should provide H-PROOF® with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for H-PROOF’s® Copyright Agent for notice of claims of copyright infringement is as follows:

Klein Moynihan Turco LLP
Attn: Copyright Attorney
450 Seventh Avenue, 40^th Floor
New York, NY 10123
info@kleinmoynihan.com
Fax: (212) 216-9559
Editing, Deleting and Modification. H-PROOF® reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.
Use of Registration Data. All material submitted by users through or in association with the Site Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between you and either H-PROOF® or any Covered Party concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) each party agrees to submit their dispute for resolution by arbitration before JAMS, in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that H-PROOF® reserves the right to require that any and all user claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against H-PROOF® that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by submitting an Initial Dispute Notice by sending U.S. Mail to: H-PROOF, ATTN: Legal, 209 E Hallandale Beach Blvd, Hallandale Beach, FL. The applicable Covered Party(ies) named in the arbitration proceeding (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or the applicable Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the applicable Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the applicable Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Parties may have a right to an award of attorneys’ fees and expenses if they prevail in arbitration, the Named Parties will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, and other than where H-PROOF® requires same as set forth above, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against H-PROOF®, any Covered Party(ies), and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that H-PROOF® and/or the applicable Named Party(ies) incur(s) in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
California Proposition 65 Warnings. Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires warnings be provided to California consumers when they might be exposed to chemicals identified by California lawmakers as causing cancer or reproductive toxicity. The warnings are intended to help California State consumers make informed decisions about their exposures to these chemicals from the products they use. The California Office of Environmental Health Hazard Assessment (“OEHHA”) administers the Proposition 65 program and publishes the listed chemicals, which includes more than 850 chemicals. In August 2016, OEHHA adopted new regulations, effective on August 30, 2018, which change the information required in Proposition 65 warnings.

We are providing the following warning for products linked to this page:

Additional Information about Proposition 65

For background on the new Proposition 65 warnings, see https://www.p65warnings.ca.gov/new-proposition-65-warnings.

Proposition 65 and its regulations are posted at https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations.
Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. H-PROOF’s® failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. H-PROOF® may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Contact Us. If you have any questions about the Agreement, Site Offerings or the practices of H-PROOF®, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the “Contact Us” page of the Site, or you can e-mail us at: team@H-PROOF.com; call us at: (855) 322-6050; or send us U.S. Mail to: H-PROOF, ATTN: Legal, 209 E Hallandale Beach Blvd, Hallandale Beach, FL 33009

Terms & Conditions

Additional Information about Proposition 65