Terms & Conditions

Last updated: August 31, 2026

These Terms & Conditions (the “Terms”) govern your access to and use of the Provale Cup website and your purchase of products from ProvaMed, Inc. (“ProvaMed,” “we,” “us,” or “our”). By using this site or placing an order, you agree to these Terms. If you do not agree, please do not use the site.

The Provale Cup is a medical device intended to help people with dysphagia drink more safely by dispensing a metered amount of liquid. It is not a treatment for dysphagia or for any other condition.

Nothing on this site is medical advice, and no content here is a substitute for evaluation, diagnosis, or treatment by a qualified healthcare professional. Whether the Provale Cup is appropriate for a particular person, and which metered volume is appropriate, is a clinical decision. Consult a speech-language pathologist or other qualified clinician before use.

Use the product only as described in the instructions supplied with it and on our assembly and disassembly page. If you experience an adverse event involving the product, stop using it and contact us and your healthcare provider.

You must be at least 18 years old and able to form a binding contract to purchase from this site. If you are buying on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

All orders are offers to purchase and are subject to our acceptance. We may decline or cancel an order, or limit quantities, for any lawful reason — including suspected fraud, a pricing or description error, or product unavailability.

Prices are shown in U.S. dollars and may change without notice. Prices do not include taxes or shipping unless stated otherwise. Where a price or product description is materially incorrect, we may cancel the affected order and issue a refund even if the order has already been confirmed.

Checkout and payment processing are handled by Shopify. Your use of checkout is also subject to Shopify’s terms, and your payment information is handled as described in our Privacy Policy.

Delivery estimates are estimates, not guarantees. Risk of loss passes to you on delivery to the carrier unless applicable law requires otherwise. We are not responsible for carrier delays.

Returns and the product warranty are governed by our Returns & Warranties page, which is incorporated into these Terms. In summary, and subject to that page: opened medical devices cannot be returned, and the product carries a 60-day warranty against defects in workmanship or material when purchased from ProvaMed or an authorized distributor.

Products purchased from anyone other than ProvaMed or an authorized distributor are not covered by that warranty. A current list of authorized distributors is on the Returns & Warranties page.

You agree not to use the site to break the law, infringe anyone else’s rights, interfere with or disrupt the site or its security, scrape or harvest data by automated means, or misrepresent your identity or affiliation with ProvaMed.

The site and its contents — including text, images, video, logos, and the ProvaMed and Provale marks — are owned by ProvaMed or its licensors and are protected by intellectual property law. You may view and print pages for your own non-commercial use. Any other use, including reproduction or redistribution, requires our prior written permission.

The site may link to sites we do not control, including those of distributors and clinical organizations. We provide those links for convenience and are not responsible for their content, products, or practices.

Except for the express warranty described on our Returns & Warranties page, the site and its content are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted, error-free, or free of harmful components.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

To the fullest extent permitted by law, ProvaMed will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, or data, arising out of or relating to your use of the site or the products.

To the fullest extent permitted by law, our total liability arising out of or relating to these Terms or the products will not exceed the amount you paid for the product giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence where that limitation is prohibited.

You agree to indemnify and hold harmless ProvaMed and its officers, directors, employees, and agents from any claims, losses, and expenses, including reasonable attorneys’ fees, arising out of your misuse of the site or the products or your breach of these Terms.

These Terms are governed by the laws of the State of Alabama, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Jefferson County, Alabama have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and you consent to venue in those courts.

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Changes apply going forward, and your continued use of the site after a change means you accept the revised Terms.

Questions about these Terms can be sent through our contact page, or by mail to:

ProvaMed, Inc.
820 Shades Creek Parkway, Suite 1200
Birmingham, AL 35209