Terms and Conditions
Please read and understand the following before purchasing from this ProloGel Website.
ProloGel ("ProloGel") maintains this Website (the "ProloGel Website") for your personal information, education and communication. You are free to browse the ProloGel Website under the following terms.
Through your access and use of the ProloGel Website, you accept, without limitation or qualification, the terms and conditions ("Terms and Conditions") set forth below
This website is intended for U.S. Residents
The ProloGel Website contains information about products that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. However, the ProloGel Website and its contents are intended to comply with U.S. laws and regulations. Although accessible by others, it and its content are intended for access and use by U.S. residents only. Customers and users of this site are expected to understand local laws and regulations associated with the countries in which they reside or conduct business. ProloGel is not responsible for incomplete delivery of orders outside the U.S.
ProloGel is not a healthcare provider
Multiple product orders
ProloGel will make every attempt to ship all products contained in a single order at the same time, in the same shipment. If certain products are unavailable at the time of shipping, they will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt.
We will ship your product as it becomes available. We guarantee your order will be processed within 48 hours, excluding weekends and holidays, once it is in stock. However, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.
ProloGel will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for up to 30 days from the date of purchase. Fulfillment mistakes that we make resulting in the shipment of incorrect product to you will also be accepted for return 30 days from the date of purchase. We cannot accept returns for any other reason, including but not limited to user satisfaction or personal experience with our products.
Shipping timeframe policy
ProloGel will always process orders as soon as possible (generally within 24-48 hours). Orders are not processed or shipped on Saturday, Sunday or public holidays. Due to various factors affecting shipping, we cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by USPS, FEDEX or UPS only as an estimate.
Out-of-stock product policy
ProloGel will make a good faith effort to keep the ProloGel website current and accurate with respect to inventory availability but cannot guarantee that this will always be accurate. There may be times when the product you have ordered is out-of-stock, which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.
Patents, Trademarks, Copyrights and Intellectual Property
ProloGel products and methods of use are covered by multiple patents and pending patents. You should assume that all contents of the ProloGel Website are copyrighted unless otherwise noted and may not be used except as provided herein and without the express written permission of ProloGel. Images of people or places displayed on the ProloGel Website are either the property of, or used with permission by, ProloGel.
The use of these images by you is prohibited unless specifically permitted by these Terms and Conditions or by specific permission provided elsewhere on the ProloGel Website. Unauthorized use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.
The trademarks, logos and service marks (collectively, the "Trademarks") displayed on the ProloGel Website are registered and unregistered trademarks of ProloGel and others. Nothing contained in this ProloGel Website should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Trademarks without the express written permission of ProloGel or such third party. Your misuse of the Trademarks on the ProloGel Website and in its contents, except as provided in these Terms and Conditions, is strictly prohibited.
You are advised that ProloGel will aggressively enforce its intellectual property rights in the ProloGel Website and its contents to the fullest extent of the law, including by seeking criminal sanctions.
No guarantee as to accuracy of information contained on ProloGel Website
ProloGel makes no representations or warranties as to the availability, accuracy or completeness of any information contained herein and expressly disclaims any obligation to update said information, except to the extent required by law, including, but not limited to, Food and Drug Administration regulations. ProloGel further assumes no liability or responsibility for any errors or omissions in the content of the ProloGel Website.
Use of materials on this website
You may freely browse the ProloGel Website. You may freely download material therefrom. Any and all downloaded materials may be used by you for personal, non-commercial use. You may not, however, distribute, modify, transmit, reuse, repost or use any of such materials for public or commercial purposes, without the express written permission of ProloGel. All copyright and other proprietary notices contained in downloaded materials must be retained.
Your use of the ProloGel Website is at your own risk.
Neither ProloGel nor any other party involved in creating, producing or delivering the ProloGel Website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing in the ProloGel Website. This includes damages to, or arising out of viruses that may infect, your computer equipment or other property. Without limiting the foregoing, everything on the ProloGel Website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Any communication with the ProloGel website will be treated as non-confidential
Any communication or material that you transmit to, or post, on the ProloGel Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and nonproprietary information. ProloGel, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, ProloGel and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the ProloGel Website for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
ProloGel is under no obligation to monitor content on site and associated applications, nor liable for such content
Although ProloGel may, from time to time, monitor or review the discussions, chats, postings, transmissions, bulletin boards and the like on the ProloGel Website, ProloGel is under no obligation to do so, except to the extent required by law or regulation, and ProloGel assumes no responsibility or liability arising from the content of the ProloGel Website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the ProloGel Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. ProloGel will fully cooperate with any law enforcement authorities or court order requesting or directing ProloGel to disclose the identity of anyone posting any such information or materials.
ProloGel reserves all rights to content on the ProloGel website
ProloGel reserves the right to alter or delete material from the ProloGel Website at any time, and ProloGel may, at any time, revise these Terms and Conditions and the other Policies set forth in this ProloGel Website by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the then current Terms and Conditions and Policies.
Last Updated: January 3, 2020
You should be aware that ProloGel is not a healthcare provider (e.g. doctor, hospital, pharmacist, etc.) and therefore is generally not subject to the Privacy Rule under the Health Insurance Portability and Accountability Act (HIPAA). To the extent that HIPAA imposes requirements on healthcare providers relating to individually identifiable healthcare information, those requirements may not apply to ProloGel.
This Policy Includes:
- Collection of Personal Information
- How Personal Information may be used
- Who Personal Information may be disclosed to
- Visitor tracking information
- Web Logs
- Pixel Tags
- Social Plugins
- Google Analytics
- How to stop getting communications
- Correcting or Deleting Personal Information
- This policy addresses only information that is or may be collected on our U.S. ProloGel Website – which is NOT intended to be used by non-U.S. residents.
- The ProloGel Website is not intended for, or designed to attract, individuals under the age of 13, or to collect Personal Information (as defined below) from children either directly or through passive information technology such as cookies. If a parent or guardian has reason to believe that a child has provided us with Personal Information (as defined below), the parent or guardian should contact us at 866-516-5058.
- This policy does not apply to information collected through applications on mobile or personal devices, even if the application may be accessed through a link from a site covered by this policy.
Collection of Personal Information
“Personal Information” is information that directly identifies you or could reasonably be used in combination with other information to identify you and which is submitted to and/or collected by ProloGel web sites and maintained by or for ProloGel in an accessible form. Examples of Personal Information that directly identify you can include your name, driver’s license number, social security number, biometric or genetic data, street address, telephone number, email address and other similar information. Examples of Personal Information that when combined with other information may be able to identify you include gender, date of birth, health condition or status, employment status, zip code and other similar information. Both types of information are considered “Personal Information” for the purposes of this policy.
Please do not submit any Personal Information if you do not want it to be collected. You should be aware, however, that without providing requested information, you may not be able to participate in particular features or activities that require such information.
Certain areas of our ProloGel Websites allow you to contact us to ask questions or provide comments or other information. Please be aware that when you ask questions or provide comments or other information, you may be disclosing Personal Information.
Non-Personal Information is information that is not personal, such as questions, comments, ideas and suggestions that you provide, or information that we may collect that is not linked to any Personal Information. Non-Personal Information will be treated as non-confidential, and we may disclose and/or use that information without any obligation whatsoever to you, for any purpose and through any means.
How Personal Information may be used
If you provide us with Personal Information, we may use that information to contact you by e-mail, regular mail, telephone or other means, to provide you with information you requested about specific products or services, provide additional future information about products or services that may be of interest to you, and to learn about and develop products and services concerning a particular disease or condition (e.g. market research). Other or additional information about use of your Personal Information may appear at the point where you are asked to provide Personal Information in a form or data field.
ProloGel may combine your Personal Information provided on one ProloGel web site with Personal Information provided in other online or offline records held by ProloGel, and/or with records provided by third parties. ProloGel may also combine your Personal Information with information gathered through cookies, web logs, pixel tags and other visitor tracking technologies, discussed further below. We use this consolidated information to help us better design ProloGel Websites and products, to communicate information to you, to enhance our marketing and research activities, and to facilitate other business functions.
Who Personal Information may be disclosed to
ProloGel will not transfer or allow access to your Personal Information to third parties, except (i) to affiliated entities within the ProloGel company network, whether inside the U.S. or in other countries; (ii) to vendors and service providers who provide services to us (e.g., market research) or who assist us in providing service to you (e.g. a fulfillment company for processing and mailing purposes); (iii) in connection with security related or law enforcement investigations or in the course of cooperating with authorities; (iv) to comply with legal requirements or to establish or exercise our legal rights or defend against legal claims; (v) when we believe it is necessary to share information in order to assist in an investigation regarding, or to prevent, illegal activities, suspected fraud, or situations involving potential threats to the safety of any person; (v) upon a sale, merger, assignment or transfer of the business of the ProloGel Website to which the information relates; and (vi) to third parties with whom ProloGel is jointly marketing a product or service or jointly conducting a program or activity. Any affiliated entity, vendor or service provider, or other third party who is permitted access to, or to whom we transfer, Personal Information is required to keep your Personal Information confidential.
ProloGel takes reasonable precautions to keep Personal Information secure against unauthorized access and use. However, the confidentiality of personal information transmitted over the Internet cannot be guaranteed. We urge you to exercise caution when transmitting personal information over the Internet, especially Personal Information related to your health. ProloGel cannot guarantee that unauthorized third parties will not gain access to your Personal Information; therefore, when submitting personal information to ProloGel Websites, you must weigh both the benefits and the risks.
Visitor tracking information
ProloGel Websites may use a tracking technology called a “cookie.” A “cookie” is a small text file that a ProloGel Website can place on your computer’s hard drive in order, for example, to collect information about your activities on the site, to track your preferences and selections, or to show you advertisements based on your interests, such as banner ads relating to ProloGel products and services. Cookies may be placed on your computer by ProloGel (a “first party cookie”) or by another company or advertiser that ProloGel engages to provide services or advertising on a ProloGel Website (a “third party cookie”). It is possible that these cookies could be used in combination with other information to identify you. Information stored in first party cookies associated with a ProloGel web site will be transmitted back to us. Information stored in third party cookies may be transmitted to the party placing the cookie, so that they can deliver to you messages and advertisements based on your interests as you browse the Internet. You may be able to opt-out of third parties using cookies to deliver interest-based advertising to you by visiting www.aboutads.info/choices/. With most internet browsers, you can also erase cookies from your computer’s hard drive, block all cookies, block specific kinds of cookies, or even receive a warning before a cookie is placed on your system. Refer to your browser instructions or help button to learn more about cookies. You should be aware, however, that cookies might be necessary to provide you with certain features (e.g. customized delivery of information) available on the ProloGel Website. In addition, certain web browsers and other programs may be used to signal your preferences to ProloGel about how or whether ProloGel or third parties may collect information about your online activities. Currently, ProloGel does not respond to such signals.
ProloGel Websites may also automatically collect and store web log information relating to your computer and your visit, such as the name of the domain and host from which you access the Internet; the Internet address of the ProloGel Website from which you linked to a ProloGel Website; the date and time you accessed a ProloGel Website, how long you spent and which pages you visited; your computer's operating system and browser software; and your Internet protocol (IP) address. An IP address is a number assigned to your computer by your Internet Service Provider so you can access the Internet. This number may change each time you connect to the internet (“dynamic IP address”) or it may remain constant (“static IP address”). If you have a static IP address, it is possible that this address could be used in combination with other information to identify you.
ProloGel Websites may also track your usage of the site through the use of pixel tags (also called clear gifs or web beacons). A pixel tag is a tiny graphic on a web page that is used to track pages viewed. Pixel tags tell the web site server information such as the IP address and browser type related to the visitor's computer. Pixel tags may be placed on online advertisements that bring people to a ProloGel Website and on different pages of our sites. Web beacons provide us with information on how many times a page is opened and which information is consulted.
This site may use social plugins (e.g., the Facebook “Like” button) to enable you to easily share information with others. When you visit our site, the operator of the social plugin may be able to place a cookie on your computer, enabling that operator to recognize individuals who have previously visited our site. If you are logged into the associated social media web site (e.g., Facebook) while browsing on our web site, the social plugin allows that social media web site to receive information that you have visited our web site. The social plugin may also allow the social media web site to share information about your activities on our web site with other users of their social media web site. For more information about the information shared via a particular social media plugin, you should refer to that social media site’s privacy statement.
How to stop getting communicationsIf you decide you no longer wish to receive information or communications about particular products and services, or from ProloGel (for example, postal mailings, emails and telephone calls), you may opt out of any particular product or service or from all mailings by contacting us at the following toll-free number: 866-516-5058. An “unsubscribe” option is also available through the ProloGel Website.
You may also click on the “unsubscribe” link at the bottom of any ProloGel email and follow the directions that appear on the screen in order to opt out of communications from ProloGel.
Please note that you may continue to receive materials for a period of time while our lists are being updated.
How may I correct or delete Personal Information?You may request that we remove your Personal Information from our current customer records or that we amend your Personal Information. Please notify us of your wishes by contacting us at 866-516-5058, toll-free. For record keeping purposes, we may retain certain Personal Information you submit in conjunction with commercial transactions.
Thank you for your interest in ProloGel.