Terms of service

OVERVIEW

Welcome to PROSPER! The terms "we", "us" and "our" refer to PROSPER. PROSPER operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). PROSPER is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. PROSPER reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until PROSPER confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as PROSPER may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by PROSPER, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws. PROSPER's names, logos, product and service names, designs, and slogans are trademarks of PROSPER or its affiliates or licensors. You must not use such trademarks without the prior written permission of PROSPER.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor 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 use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

SECTION 9 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

SECTION 10 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY PROSPER, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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.

SECTION 11 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL PROSPER, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless PROSPER and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 13 - TERMINATION

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 14 - PROSPER VIP MEMBERSHIP

14.1 - Subscription Terms. By enrolling in PROSPER VIP, you agree to a recurring monthly membership at a rate of $49.99 per month. Your payment method on file will be automatically charged according to your billing cycle. You must cancel your subscription at least forty-eight (48) hours prior to your next billing date to avoid being charged for the following billing period.

14.2 - Membership Benefits. As an active PROSPER VIP member, you are entitled to shop at discounted member-only rates, receive early access to new product releases and exclusive drops, and be included in the PROSPER VIP community.

14.3 - Billing Commencement. Paid billing will automatically commence exactly 30 days after your initial enrollment. Your membership will renew on a month-to-month basis at the then-current retail subscription price and will continue to recur monthly until cancelled. All subscription charges and applicable taxes will be billed to the payment method you provide at the time of enrollment.

14.4 - Cancellation. You may cancel your PROSPER VIP membership at any time by contacting us at support@vitricmedia.com at least forty-eight (48) hours before your next scheduled billing date. Cancellation requests received less than 48 hours before the billing date will take effect the following billing cycle.

14.5 - Refunds. PROSPER VIP membership payments are non-refundable. By enrolling, you acknowledge and agree that monthly membership fees will not be refunded for partial billing periods or unused benefits.

14.6 - Price Changes. We reserve the right to adjust membership pricing at any time. You will be notified of any price changes prior to your next billing cycle. Continued use of the membership after a price change constitutes acceptance of the new pricing.

SECTION 15 - PRIORITY SHIPPING PROTECTION

One Time Fee - Ensures your order is shipped priority and we cover the cost completely if any damages or lost occurs.

SECTION 16 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where PROSPER is headquartered.

SECTION 17 - CHANGES TO TERMS OF SERVICE

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

CONTACT

Questions about the Terms of Service should be sent to us at support@vitricmedia.com. Vitric Media LLC, 14205 N MO PAC EXPY STE 570 #210110, Austin, TX 78728.