Terms & Conditions

Please read these Terms and Conditions carefully before using the website. The Terms and Conditions contain important information about your rights and obligations, as well as limitations and exclusions. By using this website or by ordering any product from Probacto.com, you confirm your unconditional agreement to, and acceptance of, these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this website.

Minors

We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.

PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS

Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy on our privacy policy page.

Website Content:

All products, product information, and content on this website are subject to change at any time without notice. Probacto.com makes all reasonable efforts to accurately display the product information, including colors, labels, pictures, etc. However, the actual appearance you see will depend on your computer system. The product images on the website may not exactly reflect the product you receive as a result of design revisions and color variations.

Probacto.com attempts to ensure that information on this website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. Probacto.com makes no representation as to how complete, accurate, or current any information is on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website.

Probacto.com may make changes to its Website design, functionality and/or content at any time, and may provide links to other sites that are not maintained by Probacto.com. Probacto.com does not endorse those sites and is not responsible for the content of such other sites. Please read our policy governing such Third Party Links.

Use of Website:

The entire contents of this Site are copyrighted under United States law. Content may not be copied without specific permission on another website. All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

The design of this Website and all of its content, text, graphics, information, and other material displayed thereon or that can be downloaded are protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms and Conditions or with prior written approval from Probacto.com. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy / publicity, and other laws and regulations.

All material on this Site is provided for lawful purposes only. You agree not to use the material on this Site for illegal purposes or for the transmission of material that is unlawful, harassing, defamatory, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. Probacto.com will cooperate fully with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Termination of your user account for any reason, including but not limited to your violation of any of these Terms and Conditions, results in the immediate revocation of your license to use the Website, Website content and material, and obligates you to immediately destroy any copies of the Website content in your possession.

Notice for Claims of Intellectual Property Violations and Agent for Notice:

Probacto.com respects the intellectual property of others, and we ask our users to do the same. Probacto.com abides by the Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. In appropriate circumstances and at Probacto.com’s sole discretion, that response may include removing, disabling and/or terminating access to material residing on the Website that is claimed to be infringing, in which case Probacto.com will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

If you believe that your work has been copied in the Website in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Probacto.com with the following information:

  • Reasonably sufficient details to enable us to identify the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it on the Website;
  • Your contact information so that we can contact you (including your name, address, telephone number, and email address);
  • A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
  • The electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

If the material that you have posted to the Website has been taken down in response to a claim of copyright or other intellectual property infringement, you may send Probacto, Inc a counter-notification containing the following details:

  • Reasonably sufficient details to enable us to identify the material that has been removed to which access has been disabled, together with the location at which the material appeared before it was removed or access to it was disabled;
  • A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  • Your contact information so that we can contact you (including your name, address, telephone number, and email address);
  • A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, in any judicial district in which Probacto.com may be found, and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
  • Your physical or electronic signature.

Probacto, Inc. may be reached at:

Address:
Probacto, Inc
226 East Main Street
Middletown, NY 10940
No personal visits! We only accept mail, and it must be sent via certified mail with signature confirmation to ensure correct delivery.
Telephone:
(800)262-3851
Email:
support@probacto.com – Attachments cannot be accepted. Accordingly, any notification of infringement or counter-notification submitted electronically with an attachment will not be received or processed.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. These notice requirements are intended to comply with Probacto.com’s rights and obligations under the DMCA and, in particular, 17 U.S.C. § 512(c), and do not constitute or act as a substitute for legal advice.

Website Modifications:

Probacto.com reserves the right to modify or discontinue, temporarily or permanently, the Website as a whole and/or any or all of the Website features, products, prices of products, promotions, services or information appearing on, or available through, any or all of the Website with or without notice to you. You agree that Probacto.com shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.

Health-Related Information:

The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Probacto.com Website (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, Probacto.com) for diagnosing or treating a health problem or disease, or prescribing any medication. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. You should carefully read all product packaging prior to use, and not use more than the recommended quantities. It is highly recommended to go to a health care provider before taking any supplement, using any medical device. All advice on Probacto.com is for educational and entertainment purposes only, and should be double checked with your health care provider for further details.

Ordering and Payment:

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

By placing an order, you authorize Probacto.com to charge the credit card / debit card you provided for your order. If your credit card is declined at the time you place your order, your order will not be accepted and you will be notified via email or phone that your order payment has failed. Once your payment information is corrected, your order will be placed. If you have received an order without paying for it (e.g. your credit card was cancelled) Probacto.com reserves the right to pursue any/all collection efforts allowed under the law.

Product Formula Changes On Orders

Probacto.com is committed to providing the best quality and innovation. Our team is continually monitoring our product’s effectiveness; updates to the formula are made in the name of quality and improvement for what we believe is in the best interest of our customer. This may result in the manufacturer adjusting its formula (for example, a manufacturer could change the percentage of a product’s active ingredient from 5% to 7%). Each formula change could be different and Probacto.com will take the following actions depending on the percentage change of active ingredients:

For formula modifications, your order will be automatically updated by replacing the existing item with the new formula item. You will NOT be notified separately of this formula change before subsequent orders are processed and shipped. This new formula product will continue on subsequent orders unless you choose to remove this item from your order.

Shipping Limitations:

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Improperly inputted shipping addresses are the full responsibility of the buyer.

Domestic Use/Export Restriction:

Probacto.com controls the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the website) is appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain products, technical data, and software to certain territories. No content from the website may be downloaded in violation of United States law.

It is the duty of website user to ensure that all content from Probacto.com, and all items sold through Probacto.com comply with local law. All international purchasers must first check that Probacto.com products comply with their local law.

International Terms and Disclosure

Please check with your country’s customs office regarding the import of the products you wish to order. As the buyer, you are responsible for any import restrictions, prohibited import items, taxes, tariffs, fees and other duties.

You are responsible for complying with international, national, or local laws regulating the importation of products that you may purchase. If an order is refused delivery by customs due to unauthorized ingredients or contents, Probacto.com is not responsible for any losses or costs incurred by you, the customer. You are solely responsible for any taxes, duties, levies, fees and/or any other expenses related to importing the products you order. If the shipment is abandoned or discarded by customs, you will not receive a refund or credit of any kind. By ordering you agree to these terms.

In some countries, supplements are restricted for import to a 90-day supply and must be for your own personal use. *Losses incurred due to exceeding your country’s limitations will not be refunded.

Please be advised that Probacto.com is not responsible for taxes and/or duties or any brokerage and/or delivery fees applied to international shipments. Also, we kindly request that you contact your customs office to thoroughly inquire about import regulations before placing your order, as we will not be liable for packages refused or held for delivery.

*International Shipping Charges Are Non-Refundable*

Submission of Information and/or Materials:

If you voluntarily choose to provide your personal information, this information is covered under our Privacy Policy. Probacto.com and it’s directors, officers, employees, and agents are not liable for the disclosure of any personal information which you voluntarily include on the Website. You recognize that you have no legitimate expectation of privacy in any information which you voluntarily disclosed to Probacto.com, and waive any constitutional, statutory, or common law right to privacy which you might otherwise claim in such information. You understand and agree that Probacto.com may collect and utilize any personal information, which you voluntarily provided, and may combine the personal information collected from you with information collected from others to provide a better user experience.

Other than personally identifiable information, any information, including but not limited to video, software, data, text, photographs, music, sound, remarks, comments, suggestions, ideas, graphics or other submissions, transmissions and/or postings that are communicated to Probacto.com through this Website will be considered non-confidential / non-proprietary and will become exclusive property of Probacto, Inc.

You acknowledge the originality of any submission communicated to Probacto.com and accept responsibility for its accuracy, appropriateness and legality in that you agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate. You are responsible for your own communications and are responsible for any consequences resulting from these communications.

Probacto.com is entitled to use any information submitted for any purpose anywhere, anytime and for any reason whatsoever without restriction or compensation to the person sending the submission. We may, but are not obligated to, monitor or review any User Communications. Probacto.com will have no obligation to use, return, review, or respond to any information we receive from you. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Probacto.com retains the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable and may terminate your account or your use of this Website.

Linking to this Website:

Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply with all applicable laws, rules, and regulations.

Third Party Links:

From time to time, this Website may contain links to websites that are not owned, operated or controlled by Probacto.com or their respective affiliates. These links are for your convenience only and are not under our control. You acknowledge and agree that Probacto.com is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

Products and/or services purchased through third-party websites are subject to the Terms and Conditions of such other parties and their websites, and Probacto.com shall have no liability or responsibility theretofore.

Indemnity:

You agree to indemnify and hold Probacto.com and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

Disclaimer of Warranties:

YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS.

PROBACTO.COM AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, “AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Probacto.com AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PROBACTO.COM OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER Probacto.com NOR ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY YOU THE EXTENT PROHIBITED BY LAW. REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Liability Restrictions:

You agree that Probacto.com and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the Website or any services, products or information obtained on or through the Website, Website interruption, suspension or termination, even if Probacto.com or its affiliates have been advised of the possibility of such damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent, including, without limitation, damages from: personal injury; downloading any material contained on or accessed through the Website; linking to any third party website from the Website; any unauthorized access to any information on the Website and/or submitted by you to or through the Website; cost of procurement of substitute goods and services; any goods or services purchased or obtained or messages received or transactions entered into through or from the Website; and/or loss of profits, use, data or other intangible losses. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in which case the above limitation may not apply to you.

You further agree that any material and/or information downloaded or otherwise obtained through the use of or from the Website is done at your own discretion and risk and that you will be solely responsible for your use or non-use of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. Probacto.com is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions; service degradation (including “line-noise” interference). Under no circumstances will Probacto.com or its suppliers be liable for any damages or injury that results from the use of the materials on this Site. In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website. In the event of any problem with the products or services that you have purchased on or through this Website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacture’s or suppliers warranty or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Website.

Revisions to these Terms and Conditions:

These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website.

Enforcement of Terms and Conditions/Jurisdiction:

These Terms and Conditions are governed and interpreted pursuant to the laws of the State of New York, United States of America, not withstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. Any claim relating to the Probacto.com Website, our Website Terms and Conditions, and the relationship between you and Probacto.com shall be governed by the laws of the United States and the State of New York without regard to its conflict of law provisions. You and Probacto.com agree to submit to the personal and exclusive jurisdiction of the courts located within the geographic area encompassed within the United States District Court for the Southern District of New York.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR OUR TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Termination:

You or we may suspend or terminate your account or your use of this Website at any time, without notice, for any reason or for no reason. You may terminate this agreement by destroying all materials obtained from the Probacto.com Website. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.

General:

No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions and you do not have any authority of any kind to bind Probacto.com in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Probacto.com may transfer, assign or delegate the Terms and Conditions Use and its rights and obligations without consent. The Terms and Conditions are not assignable, transferable or sublicensable by you except with Probacto.com’s prior written consent.

Acceptance:

Your use of this Website or by ordering any product from Probacto.com, confirms your unconditional acceptance of these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this Website.

Additional Assistance:

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at:

Probacto, Inc.
226 East Main Street
Middletown, NY 10940

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