Terms & Conditions of Website Use
Probulin® welcomes you to our site. The following Website Terms and Conditions Agreement (the “Agreement”) governs your use of the Internet website owned and operated by Probulin® (the “Service”). Please carefully review this entire Agreement. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in the Agreement. Your use of the Service constitutes your binding consent to all such terms, conditions, and notices. If you do not agree to be bound by this Agreement, you are not authorized to use this Service.
You are required to comply with all applicable laws in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from Probulin®. As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
No Medical Advice
The health information contained in this website is provided for educational purposes only and is not intended to replace discussions with a physician or other healthcare provider. Your use of this website and the Materials contained in this website is at your own risk. By using this website, you acknowledge that Probulin® is providing the materials for informational purposes only and that Probulin® is not providing the Materials to you for the purpose of giving you medical advice. You should not rely on the Materials when choosing a treatment plan, or evaluating any other medical advice regarding any disease or medical condition. Probulin® strongly urges that you consult with a physician in connection with any and all treatment options that may be available to you and independently verify any treatment information on which you intend to rely.
Links to Third-Party Services
This Service contains links to other Services (“Linked Services”). The Linked Services are not under the control of Probulin®, and Probulin® is not responsible for the content of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. Probulin® is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement by Probulin® in favor of any company offering Internet services, products or services on the Linked Services.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, and arrangement of such content, are owned by Probulin® or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes. Nothing stated or implied on the Service confers on you any license or right under any copyright of Probulin® or any third party.
The Service and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited, without the prior written consent of Probulin®. Requests for permission to reproduce any information contained on this Service should be addressed to Probulin® Attn: Legal Department, 3820 NW 14th Street, Suite A & B, Topeka, KS 66618, e-mail: [email protected].
Notwithstanding the above, Probulin® authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Service, provided that the copy is used solely for noncommercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Service. Systematic retrieval of data or other content from this Service to create, directly or indirectly, a collection, compilation, database or directory without written permission from Probulin® is prohibited.
Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs of all Probulin® or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Probulin® or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of Probulin® or any third party.
Modification of This Agreement
Probulin® reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your use of the Service after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If at any time you do not wish to accept this Agreement, you are not thereafter authorized to use the Service.
Updating Your Information
If you need to update any of your online and/or off-line contact information, please send an email to Probulin’s® Customer Service: [email protected] or a letter to Probulin® Attn: Customer Service, 3820 NW 14th Street, Suite A & B, Topeka, KS 66618.
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS.” PROBULIN® MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICE, OR OTHER CONTENT OR WEBSITES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. PROBULIN® DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROBULIN® DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY PROBULIN® OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
PROBULIN® MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
Limitation of Liability
IN NO EVENT WILL PROBULIN® OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THIS SERVICE OR ANY LINKED SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.
PROBULIN® RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SERVICE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY EVEN IF PROBULIN® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PROBULIN’s® LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Probulin®, you agree to defend, indemnify and hold harmless Probulin® and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of this Agreement or your violation of any rights of another.
Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, please provide Probulin’s® Copyright Agent with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on the Service that is requested to be removed;
- Your name, address and daytime telephone number, and an e-mail address if available, so that Probulin® may contact you if necessary;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Probulin’s® Copyright Agent for Notice of claims of copyright infringement on the Service can be reached as follows: Legal Department Copyright Agent Probulin® 211 S. Quincy Ave. Bradley, IL 60915 e-mail: [email protected]
Probulin® will remove any content which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. You and Probulin® expressly agree to submit to the exclusive jurisdiction and venue of the courts in Illinois in all disputes arising out of or relating to the use of this Service.
The failure of Probulin® to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Probulin® as a result of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of Probulin’s® right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Probulin® with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Probulin® and governs your use of this Service. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
THE STATEMENTS ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE PRODUCTS FEATURED ON THIS WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREENT ANY DISEASE.