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, 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 relevant local laws and regulations that apply to the products sold on this website, in the countries in which they reside or conduct business. While ProloGel will make a good faith effort to fulfill every order placed on the ProloGel website, ProloGel is not responsible for incomplete delivery of orders outside the U.S. (i.e. buyer assumes all risk for orders placed outside the U.S. - no refunds will be issued for any reason for orders placed outside the U.S. )
ProloGel is not a healthcare provider
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.
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 the accuracy of the 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 the website 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.