Terms Of Use

Last Updated: April 30, 2020

The term “Website” will hereinafter be used collectively to refer to all websites owned and/or controlled and operated by Probulin Probiotics LLC. or any of their subsidiaries, affiliates, agents, licensees or assigns, and which have an affixed hyperlink to these Terms of Use. The terms “Company” or “we” refer to Probulin Probiotics LLC, a Washington limited liability company, and any of its subsidiaries and affiliates. These Terms of Use constitute a legal agreement (the “Terms of Use”) between you and the Company. By signing up for an account or using the Website, you accept these Terms of Use. If you do not wish to accept these Terms of Use, do not use the accompanying the Website.

The Company reserves the right to modify these Terms of Use. We will post notification of any such changes on the Website in question by changing the “Last Updated” date above and will post any revised Terms of Use in this location. Your continued use of the Website following notice of changes to these Terms of Use will mean you accept any and all such changes, effective as of the date of such change. The Company retains the right to decline service to any user who violates these Terms of Use. In the event of any suspension, discontinuation or termination of these terms of use, the service, Website, or your account, you will not be entitled to any refunds or other compensation for any reason.

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 (“MATERIALS”) 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.

1. Limited License to Use the Service

All use of any Website services that contain to these Terms of Use (the “Service”), whether accessed directly or through a third party website (e.g., a social network), and the relationship between the Company and you, with respect to your use of the Service, is governed by these Terms of Use. Subject to your compliance with and acceptance of the terms and conditions set forth in these Terms of Use, you may use the Service for your non-commercial purposes. Moreover, you agree to be bound by any application, forum or service specific rules or licenses published within the Service. Any use of the Website not in accordance with the Terms of Use, or other express terms or conditions is expressly prohibited.

By accessing and using the Service, you represent that, if you are a legal resident of the United States, you are at least sixteen (16) years old, and agree to these Terms of Use. You may not use the Service or purchase Probulin® products through the Website (“Product(s)”) if you are under 16 years of age.

You have no interest, monetary or otherwise, in any feature, content or availability of the Website, any data or any terms or conditions of access to or use of the Website.

2. Restrictions and Other Notifications

2.1 You assume the cost of all access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to Website servers.

2.2 The Company has the right to obtain certain information about you and your computer without any further notice to you. For more information about the Company’s use of information collected from the Website, please review our Privacy Policy. Subject to notice and consent requirements, among others, under applicable privacy laws, the Company reserves the right to use all information collected through the Website as set forth in the Privacy Policy and for any legal purpose.

2.3 The Company has the right to change, at any time, the (i) Website or the Service, including the termination, change, or addition of any content or feature, (ii) the fees or charges, if any, related to the use of the Service or Website, or (iii) the equipment, hardware or software necessary to use the Service or the Website.

2.4 The Website and Services are offered for use solely in the United States. The Company may restrict access or use from other locations.

2.5 The Company may from time to time offer certain contests, promotions and/or sweepstakes via the Website. You agree that your participation in such contests, promotions and/or sweepstakes is voluntary and will be subject to the specific official rules and/or terms and conditions provided in connection therewith.

3. Establishing an Account

3.1 You may sign up for an Account on the Website (as defined below). You may establish one (1) user account, or access the Service through one (1) account on a third-party website or service through which the Service is available (e.g., a social network) (the “Account”) pursuant to the terms, conditions and restrictions contained in these Terms of Use. In order to establish an Account, you must be 16 or older. You may not share the Account with anyone. You are liable for all uses of your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you will have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and will forever be owned by the Company. The Company reserves the right to terminate an Account without notice if it believes, at its own discretion, that a user is under the age of 16.

3.2 To register for an Account you will be required to provide the Company with certain information about yourself, including, but not limited to, your first and last name and e-mail address. You may also have the opportunity enter credit card information and billing address if you will be purchasing items through the Service. All of the information you provide to the Company or that the Company collects from you will be subject to the terms and conditions of these Terms of Use and the Company’s Privacy Policy, which is incorporated herein by reference. As such, you agree to provide the Company with accurate, up to date information. In the event that the Company learns that you have provided false or misleading registration information, the Company reserves the right to immediately terminate and disable or delete the Account. The Company is not responsible for any loss or damages arising from your failure to provide accurate information.

3.3 During the registration process, you will be required to select a username and a password that are specific to the Account (collectively referred to hereunder as “Password”). Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password. You may not disclose your Password to anyone, or allow your Password to be used by anyone other than yourself. The Company is not responsible for any harm that may result to the Account (including without limitation the deletion or modification of characters in the Account) as a result of a lost or shared password. The Company is not responsible in the event that the Account is “hacked,” or if the Account or your computer is damaged by a virus, or for any other issues with your computer or the Account.

3.4 Unless compelled by applicable laws, the Company will not transfer Accounts. You may not offer any Account for sale or trade, and any such offer is a violation of these Terms of Use and will result in termination of the Account.

3.5 You agree to immediately notify the Company of any unauthorized use of your Password or Account or any other breach of security. You are entirely responsible for maintaining the confidentiality of your account information and for any and all activities (including purchases and charges, as applicable) that are conducted through your account.

3.6 You are entirely liable for all activities conducted through the Account, and are responsible for ensuring that any other person who uses your Account is aware of the terms of and complies with these Terms of Use.

4. Rules of Conduct

The purpose of the Website is to provide content, information, access, and services related to the Company Products. By registering for an Account, you agree that:

  1. You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, “post”) on the Website.
  2. You will not post on the Website any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities including without limitation making or buying illegal weapons, identity theft, violating another’s right to privacy or providing or creating malicious computer programs (malware).
  3. You will use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You represent that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.
  4. You will not provide inaccurate, misleading or false information to the Company or to any other user. If information provided to the Company, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change.
  5. You understand that the Company makes no guarantees, either express or implied, regarding your well-being through the Service.
  6. You will promptly report to the Company any violation of these Terms of Use by other users.
  7. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service. The Company has the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of these Terms of Use.

5. Ownership

5.1 All title, ownership rights and intellectual property rights in and to the Service and the Website (including without limitation any user accounts, software, titles, computer code, technology, artwork, trademarks, copyright, moral rights, any related documentation and the Website) are owned by the Company or its licensors. The Website is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Service and Website may contain certain licensed materials, and the Company’s licensors may protect their rights in the event of any violation of these Terms of Use.

5.2 The Company and other trademarks appearing on the Website are trademarks or registered trademarks of the Company. You may not use the Company trademarks or trade dress in connection with any product or service that is not owned by the Company, in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages the Company or its licensors. Except as expressly provided herein, the Company and its licensors do not grant you any express or implied rights, and all rights, title and interest that the Company has in and to the Company trademarks, trade dress, or Website and the content therein that are not expressly granted by the Company to you are retained by the Company.

5.3 If and when you contribute content to the Website (“User-Generated Content”), you expressly grant to the Company a non-exclusive, perpetual, worldwide, fully paid, royalty-free, sub-licensable, transferable and irrevocable right to publish, use, translate, archive, store, reproduce, modify, create derivative works from, distribute and otherwise communicate, and publicly display and publicly perform the User-Generated Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant the Company all licenses, consents and clearances to enable the Company to use such User-Generated Content for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User-Generated Content. If the Website to which you contribute User-Generated Content permits others to access and use that content as part of the Website or Services, then you also grant all other users of the relevant Website or Services the right to use, copy, modify, display, perform, create derivative works from and otherwise communicate and distribute your User-Generated Content on or through the Website(s) without further notice, attribution or compensation to you. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and publication of your User-Generated Content will not violate any law, including that such User-Generated Content does not infringe on any third party copyrights, trademarks, or other intellectual property or privacy rights. The Company reserves the right to remove or modify User-Generated Content if it violates these Terms of Use or is offensive. Except as otherwise provided in these Terms of Use, the Company does not claim any ownership rights in User-Generated Content.

5.4 All comments, feedback, suggestions, ideas and other submissions disclosed or submitted to the Company (“Feedback”) will be the exclusive property of the Company. You hereby agree that the Company may use, sell, exploit and disclose the Feedback in any manner, without restriction, and without compensation to you.

6. Online Third-Party Content

Opinions, advice, statements, offers, or other information or content made available by third parties through the Service (“Third Party Content”) are those of their respective authors, and you rely on such content at your own risk. The authors are solely responsible for such content. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.

7. Subscriptions

By enrolling in our Autoship Program, you agree to purchase Product(s) from us on a recurring basis, orders for which will be automatically placed on terms you specify when you sign up for the subscription. If you subscribe for a term (the “initial term”), then these Terms of Use will be automatically renewed for additional periods of the same duration as the initial term at the Company’s then-current fee for such services unless you opt out of the auto-renewal / decline to renew your subscription in accordance with this Section. You can skip your next delivery or cancel at any time so long as that delivery has not shipped. If you choose to change your order or cancel your Autoship membership, you can do so from your account page, by calling our customer service line at 1-888-697-8770, or by emailing us here.

8. Terms of Purchase, Returns

8.1 Purchase

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities or Products purchased per person, per household, or per order. These restrictions may include orders placed by or under the same 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 email, billing address and/or 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.

8.2 Products

Any purchases you make from us are based on your own opinions of the benefits you may receive from Probulin® Products. Neither the statements on our Website nor our Products have not been evaluated by the Food and Drug Administration, and no Product is not intended to diagnose, treat, cure, or prevent any disease.

8.3 Pricing

Prices for Products are subject to change without notice. All prices for Products are in U.S. dollars, and are exclusive of any applicable local, state, or federal taxes. Shipping and handling fees, if any, will be reviewable prior to submitting your order.

8.4 Payment

All payments through the Service are processed using a third-party processor. You acknowledge that the Company is not liable for any breaches of credit card or debit card security or privacy by such third-party processor. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment.

8.5 Returns

By purchasing the Product, you agree to our Returns Policy. Any deviation by the Company from this policy in its sole discretion will not constitute a waiver of such policy. You have ten days from your receipt of the Product to return or exchange it with its receipt. We do not reimburse for shipping and handling, and all return shipping cost is your responsibility. Our Returns Policy only applies to unopened Product purchased from our Website.

9. Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of any state and federal courts located in the County of Sonoma, California, United States of America for any claims or proceeding arising out of or related to these Terms of Use or the Website or Services, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

10. Severability

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire Agreement between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and the Company with respect to such subject matter.

11. Waiver

The failure by the Company to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

12. Limitation of Liability

NEITHER THE COMPANY NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES CONTAINED THEREIN), YOUR ACCOUNT, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY, ITS LICENSORS AND ITS LICENSEES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING ANY CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY’S, ITS LICENSORS’ AND ITS LICENSEES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, OR ANY PART THEREOF, IS TO STOP USING THE WEBSITE. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT THAT YOU PAID (IF ANY) TO THE COMPANY FOR THE SERVICE OR TO FIVE DOLLARS, WHICHEVER IS GREATER.

Some jurisdictions do not allow for the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentations, and failure to disclose defects), product liability, or for death or personal injury. Nothing in these Terms and Conditions will be interpreted as excluding liability which cannot be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations in this Section 12 may not apply to you.

13. Disclaimers

13.1 THE INFORMATION, CONTENT AND MATERIALS ON THE WEBSITE AND SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY THE WEBSITE OR SERVICE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY THE WEBSITE, SERVICE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANYAPPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

13.2 The Company cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from any Website, Service, or third-party information, content, or materials contained on Website (including, without limitation, User-Generated Content). The Company does not endorse any of the merchandise, nor has the Company taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party website. The Company does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against the Company with respect to information, content and materials contained on the Website (including, without limitation, User-Generated Content), on third party websites, and any information, content and materials you provide to such third party websites (including, without limitation, credit card and other personal information).

13.3 NEITHER THE COMPANY NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES WILL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES.

13.4 The Company will not be held liable for any delay or failure to perform under any circumstances, including without limitation those resulting from causes outside the reasonable control of the Company; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

14. Privacy Policy

You understand that any information provided by you or collected by the Company in connection with your use of the Service and Website will be used in the manner described herein and pursuant to the terms and conditions of the Company Privacy Policy. Without limiting the terms of the Privacy Policy, you understand that the Company does not guarantee that your use of the Service, Website or the information contained in your Account will be private or secure, and the Company is not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service.

15. General Provisions

15.1 Links. You should be aware that when you are using the Service or Website, you could be directed to other websites that are beyond the Company’s control. There may be links to other sites from the Website or Service that take you away from the Website. These links are for convenience only and you access them at your own risk. The Company takes no responsibility and assumes no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

15.2 INDEMNIFICATION OF THE COMPANY. AS A CONDITION OF YOUR ACCESS TO AND USE OF THE WEBSITE OR SERVICE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS AND OTHER REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (i) YOUR ACCESS TO AND USE OF THE WEBSITE OR SERVICE AND THE CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, ANY ALLEGATIONS THAT ANY CONTENT YOU SUBMIT OR TRANSMIT WHILE USING THE WEBSITE OR SERVICE INFRINGES OR OTHERWISE VIOLATES THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS, PRIVACY OR PUBLICITY RIGHTS OF ANY THIRD PERSON OR PARTY; (ii) YOUR VIOLATION OF THESE TERMS OF USE, THE COMPANY PRIVACY POLICY, ANY SPECIFIC RULES PUBLISHED WITHIN THE WEBSITE OR SERVICE AND ANY APPLICABLE LAW OR THE RIGHTS OF ANY OTHER PERSON; (iii) ANY DISPUTE YOU HAVE OR CLAIM TO HAVE WITH ONE OR MORE USERS OF THE WEBSITE OR SERVICE; (iv) THE COMPANY’S RESOLUTION (IF ANY) OF ANY DISPUTE YOU HAVE OR CLAIM TO HAVE WITH ONE OR MORE USERS OF THE WEBSITE OR SERVICE; (v) YOUR IMPROPER AUTHORIZATION FOR THE COMPANY TO COLLECT, USE, OR DISCLOSE ANY DATA OR CONTENT PROVIDED BY YOU; AND (vi) ANY DISCLOSURES MADE WITH YOUR PERMISSION (INCLUDING, WITHOUT LIMITATION, YOUR CONSENT THAT THE COMPANY DISCLOSE YOUR PERSONAL INFORMATION AND OTHER INFORMATION COLLECTED AS SET FORTH IN THE COMPANY’S PRIVACY POLICY).

16. Copyright

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by Probulin Probiotics LLC 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 Probiotics LLC, Attn: Legal Department, 3820 NW 14th Street, Suite A & B, Topeka, KS 66618, e-mail: [email protected].

If you believe that your work has been copied and is accessible on this Website 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 Website 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 can be reached as follows:

Legal Department

Copyright Agent: Probulin Probiotics LLC

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.