These Terms of Use govern your use of the GetRight™ Probiotics
Web site and store. By using, visiting, or browsing the GetRight™
Probiotics Web site, you accept and agree to be bound by these Terms
of Use. If you do not agree to these Terms of Use, you should not
use the GetRight™ Probiotics Web site.
These Terms of Use are an ongoing contract between you and GetRight™
Probiotics and apply to your use of the GetRight™ Probiotics
Web site. These Terms of Use affect your rights and you should read
them carefully.
GetRight™ Probiotics reserves the right, from time to time,
with or without notice to you, to change these Terms of Use in our
sole and absolute discretion. The most current version of these
Terms of Use can be reviewed by clicking on the "Terms &
Conditions" located at the bottom of the pages of the GetRight™
Probiotics Web site. The most current version of the Terms of Use
will supersede all previous versions. Your use of the GetRight™
Probiotics Web site or continued use of our service after changes
are made means that you agree to be bound by such changes. As such,
you should review the Terms of Use periodically.
Any personally identifying information submitted on the GetRight™
Probiotics Web site is subject to our Privacy Policy, the terms
of which are incorporated herein. Please review our Privacy Policy
to understand our practices. The date of any changes to our Privacy
Policy will be noted at the bottom of our Privacy Policy.
GetRight™ Probiotics.com is an online information and “free
sample request” processing website. This website also offers
products for sale as individual units and under an automatic shipping/billing
option. Your payments will be billed according to the terms described
on the item selection page and by providing your payment information
and shipping address during the checkout process you are acknowledging
your understanding of and acceptance of those billing procedures.
We reserve the right in our sole and absolute discretion to make
changes from time to time and without notice in how we operate our
web site. All products including free samples requested from our
website are processed according to the following schedule. Orders
received from 9am – 4:30pm eastern time, Monday through Friday
will ship the same business day. Regular shipping via United States
Postal Service or overnight shipping through UPS. Orders placed
after 4:30pm Eastern Time, Fridays, on weekends or holidays will
be shipped on the next business day. If shipping charges apply credit
cards are charged when the order is received by our shipping department.
You will receive an e-mail confirmation that your order has been
received and processed. We make no guaranty as to the shipping and
delivery of products and may, in our sole and absolute discretion,
change our business practice regarding delivery and shipping, without
notice. We may from time to time revise these Terms of Use but we
will not necessarily provide you notice of the revisions. It is
up to you to review the Terms of Use frequently to determine if
there have been changes.
GetRight™ Probiotics may place a cookie (a small text file)
on any computer from which you register with the GetRight™
Probiotics Web site. When you revisit the GetRight™ Probiotics
web site, this cookie may enable us to recognize you. You are responsible
for updating and maintaining the truth and accuracy of the information
you provide to us.
Users of public or shared computers or unprotected mobile devices
should log out at the completion of each visit to the GetRight™
Probiotics Web site.
If you find that you're a victim of identity theft and it involves
your GetRight™ Probiotics account, you should notify customer
service. Then, you should report this instance to all your card
issuers, as well as your local law enforcement agency. GetRight™
Probiotics reserves the right to place any account on hold anytime
with or without notification to the account holder in order to protect
itself and its partners from what it believes to be fraudulent activity.
GetRight™ Probiotics is not obligated to credit or discount
a customer for holds placed on the account by either a representative
of GetRight™ Probiotics or by the automated processes of GetRight™
Probiotics.
GetRight™ Probiotics assumes no liability or responsibility
for any recommendations or advice of Customer Service, any failures,
mis-shipments, delays, or interruptions in the shipment of products,
any losses or damages arising from the use of the products, TO THE
EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not represent or guarantee that your use of the GetRight™
Probiotics Web site will be free from interruption, loss, corruption,
attack, viruses, interference, hacking, or other security intrusion
and we disclaim any liability with respect thereto. No oral or written
information or advice given by us or our authorized representative
shall create a warranty or otherwise constitute a representation
binding upon GetRight™ Probiotics, or its affiliated parties.
In no event shall GetRight™ Probiotics, its shareholders,
directors, officers, or employees be liable (jointly or severally)
to you for personal injury or any special, incidental, indirect
or consequential damages of any kind, or any damages whatsoever
resulting from loss of use, data or profits, business interruption
or any other commercial damages or loss, whether or not advised
of the possibility of damage, and on any theory of liability, arising
out of or in connection with the use or performance of the GetRight™
Probiotics site, its contents or the GetRight™ Probiotics
data collection system. In no event shall our total liability to
you for all damages for losses arising from the use or inability
to use our Website, its contents or the GetRight™ Probiotics
data collection system (other than as may be required by applicable
law in cases involving personal injury) exceed the amount of purchase.
The foregoing limitations will apply even if the above stated remedy
fails of its essential purpose. If any applicable authority holds
any portion of this section to be unenforceable, then liability
will be limited to the fullest possible extent permitted by applicable
law.
All content included on the GetRight™ Probiotics Web site
and delivered to users as part of the service, including text, graphics,
logos, designs, photographs, button icons, images, audio/video clips,
digital downloads, data compilations, and software, is the property
of GetRight™ Probiotics, or its suppliers and is protected
by United States and international copyright laws or other intellectual
property laws and treaties. The compilation of all content on this
site is the exclusive property of GetRight™ Probiotics, and
protected by U.S. and international copyright laws. Content shall
not be reproduced or used without express written permission from
GetRight™ Probiotics or its suppliers. You agree not to decompile,
reverse engineer or disassemble any software or other products or
processes accessible through the GetRight™ Probiotics Web
site, not to insert any code or product or manipulate the content
of the GetRight™ Probiotics Web site in any way that affects
the user's experience, and not to use any data mining, data gathering
or extraction method.
GetRight™ Probiotics is a registered trademark. The GetRight™
Probiotics Web site, including but not limited to its graphics,
logos, page headers, button icons, scripts and service names constitute
trade dress of GetRight™ Probiotics. The trademarks, service
marks and trade dress of GetRight™ Probiotics may not be used
or reproduced without prior written approval from GetRight™
Probiotics. And may not be used in connection with any product or
service that is not affiliated with GetRight™ Probiotics,
in any manner that is likely to cause confusion among customers,
in any manner that dilutes the rights of GetRight™ Probiotics,
or in any manner that disparages or discredits GetRight™ Probiotics.
Other trademarks that appear on the GetRight™ Probiotics Web
site are the property of their respective owners, who may or may
not be affiliated with, connected to, or sponsored by GetRight™
Probiotics. Any images of persons or personalities contained on
the GetRight™ Probiotics Web site are not an indication or
endorsement of GetRight™ Probiotics or any particular product
or our merchandise unless otherwise indicated.
.
We distribute probiotics products and information and we reserve
the right to display and promote the products or other information
on our Web site to you in any manner we choose in our sole and absolute
discretion. Any opinions, advice, statements, services, offers,
or other information that constitutes part of the content expressed
or made available by third parties on the GetRight™ Probiotics
Web site are those of the respective authors or producers and not
of GetRight™ Probiotics, or its members or employees. Under
no circumstances shall GetRight™ Probiotics or its members,
directors, or employees be held liable for any loss or damage caused
by your reliance on information obtained through the GetRight™
Probiotics Web site. It is your responsibility to evaluate the information,
opinion, advice, or other content available through the GetRight™
Probiotics Web site.
GetRight™ Probiotics is free to use any comments, information,
ideas, concepts, reviews, or techniques or any other material contained
in any communication you may send to GetRight™ Probiotics
("Content"), including, without limitation, responses
to questionnaires or through postings to the GetRight™ Probiotics
Web site, without further compensation, acknowledgement or payment
to you for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products and creating, modifying
or improving the GetRight™ Probiotics Web site or other Web
sites. Furthermore, by posting any Content on our site, submitting
Content to us, or in responding to questionnaires, you grant us
a perpetual, non-exclusive, royalty-free irrevocable license and
right to display, use, reproduce or modify the Content submitted
in any media, software or technology of any kind now existing or
developed in the future.
Please note GetRight™ Probiotics does not accept unsolicited
materials or ideas for use or publication, and is not responsible
for the similarity of any of its content or programming in any media
to materials or ideas transmitted to GetRight™ Probiotics.
Should you send any unsolicited materials or ideas, you do so with
the understanding no additional consideration of any sort will be
provided to you, and you are waiving any claim against GetRight™
Probiotics and its affiliates regarding the use of such materials
and ideas, even if material or an idea is used that is substantially
similar to the idea you sent.
Occasionally we are able to identify personal items inadvertently
submitted to us as part of our return process. In such instances,
we will attempt to return the item to the sender. However, it may
not always be possible for us to identify and return your personal
items. We disclaim any responsibility for and you hereby expressly
release us from any liability arising from any re-transmission,
including both the shipment and receipt of such items. We encourage
you to be careful in returning items to us.
You may be provided with the opportunity to purchase products through
the website and/or from third party websites linked to the website.
Products purchased through the websites of others are subject to
the terms and conditions of such other parties and their websites,
and GetRight™ Probiotics shall have no liability or responsibility
therefore.
You expressly agree that use of our website is at your sole risk
and is provided on an "as is" and "as available"
basis.
GetRight™ Probioticsand its parents, affiliates (and their
franchisees and licensees) 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.
GetRight™ Probiotics and its affiliates make no warranty,
express or implied, that the website or any services, products,
or information obtained on or through the website will meet your
requirements or will be uninterrupted, timely, secure, or error
free; nor does GetRight™ Probiotics 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 thereof. GetRight™ Probiotics
makes no commitment to update or correct any information that appears
on the website or any website linked hereunder.
You understand and 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 nonuse 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. GetRight™ Probiotics and its affiliates
make no warranty regarding any goods or services purchased or obtained
through or from the website or any transactions entered into through
the website. No advice or information, whether oral or written,
obtained by you from GetRight™ Probiotics or through or from
any service or product on the website shall create any warranty
not expressly stated herein. Some jurisdictions do not allow the
exclusion of certain warranties, so some of the above exclusions
may not apply to you.
You agree that GetRight™ Probiotics 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, even if GetRight™ Probiotics or
its affiliates have been advised of the possibility of such damages,
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.
You further agree that GetRight™ Probiotics and its affiliates
shall not be liable for any damages arising from interruption, suspension
or termination of the website, including but not limited to direct,
indirect, incidental, special, consequential or exemplary damages,
whether such interruption, suspension or termination was justified
or not, negligent or intentional, inadvertent or advertent. Some
jurisdictions do not allow the limitation or exclusion of liability
for incidental or consequential damages so some of the above limitations
may not apply to you.
We control 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) are 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 technical data and software to certain territories. No
content from the Website may be downloaded in violation of United
States law.
From time to time, we test various aspects of our service, including
delivery, and pricing, and we reserve the right to include you in
or exclude you from these tests without notice.
By using the GetRight™ Probiotics web site and data collection
system, you consent to receiving electronic communications from
GetRight™ Probiotics. These communications may include notices
on shipping and receiving e-mails and other transactional information
and information concerning or related to our web site or data collection
system, information or offerings. These communications are part
of your relationship with GetRight™ Probiotics and you receive
them as part of your registration on the web site. You agree that
any notice, agreements, disclosure or other communications that
we send to you electronically will satisfy any legal communication
requirements, including that such communications be in writing.
If you need assistance, you may reach Customer Service Monday through
Friday between 8:30am and 5pm eastern time or by sending an email
to info@getrightprobiotics.com.
You will find answers for many frequently asked questions by visiting
our FAQ page.
By accessing the GetRight™ Probiotics Web site, you agree
to use the Website and its content in accordance with all applicable
laws, rules and regulations. In addition, you agree not to upload,
post, e-mail or otherwise send or transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment associated
with the GetRight™ Probiotics Web site. You also agree not
to interfere with the servers or networks connected to the GetRight™
Probiotics Web site or to violate any of the procedures, policies
or regulations of networks connected to the GetRight™ Probiotics
Web site. You also agree not to impersonate any other person while
using the GetRight™ Probiotics Web site, conduct yourself
in a vulgar or offensive manner while using our service, or use
the GetRight™ Probiotics Web site for any unlawful purpose.
You must be 18 years of age or older to use the GetRight™
Probiotics data collection system. While individuals under the age
of 18 may use the website, they may do so only with the involvement
of a parent or legal guardian. GetRight™ Probiotics does not
intentionally seek to collect information from individuals 13 years
of age and younger (see also "Profiles"). Unless otherwise
specified, the content on the GetRight™ Probiotics Web site
is for your personal and non-commercial use and we grant you a limited
license to access the GetRight™ Probiotics Web site for that
purpose. You may not download (other than through page caching necessary
for personal use, or as otherwise expressly permitted by these Terms
of Use), modify, copy, distribute, transmit, display, perform, reproduce,
duplicate, publish, license, create derivative works from, or offer
for sale any information contained on, or obtained from, the GetRight™
Probiotics Web site without our express written consent. Any unauthorized
use of the GetRight™ Probiotics Web site or its contents will
terminate the limited license granted by us.
We offer free introductory probiotics programs through our Web site.
Click on the appropriate link on our web page to access the data
collection system (“Try it Free”). The items available
may change from time to time and are subject to continued availability.
Free samples are limited to one per person.
To request a free sample enter all the information requested on
the “Try It Free” page. Note that all boxes must be
completed in order to process your request. Your request will be
processed and will be shipped to the address you set up when you
register with our site. Applicable taxes and shipping charges will
be charged as needed. Sample requests submitted through our website
are shipped free of charge. Sales tax is only applicable to products
paid for, and only on products shipping to the same state as the
order processing location. Because the number of orders shipping
within that state (currently the state of KY) is relatively small,
we pay applicable sales tax to the state from sales proceeds within
that state. You will not see a sales tax charge on orders processed
through our store. The items will be shipped as described above
in the “about our website” section.
We guarantee the quality of every product you receive from us. We
also guarantee that your product will arrive in good condition.
If your product arrives damaged, return it to us and we will replace
it for free.
We reserve the right to terminate or restrict your use of our free
offers, without notice, for any or no reason whatsoever.
Some of the hyperlinks on the GetRight™ Probiotics Web site
may lead to other Web sites that are not controlled by, or affiliated
with GetRight™ Probiotics. In addition, other Web sites may
link to the GetRight™ Probiotics Web site. GetRight™
Probiotics has not reviewed these Web sites and is not responsible
for the content or privacy policies of these Web sites.
It is the policy of GetRight™ Probiotics to respect the intellectual
property rights of others. If you believe your work has been copied
in a way that constitutes copyright infringement, are aware of any
infringing material on the GetRight™ Probiotics Web site,
or know of someone who is making unauthorized use of the content
of the GetRight™ Probiotics Web site, please notify us at
the address specified below of your concern by submitting a signed
written notice and containing the following:
(i) A physical or electronic signature of a person authorized to
act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been
infringed;
(iii) Identification of the material on the GetRight™ Probiotics
Web site that is claimed to be infringing, and information reasonably
sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you,
such as your address, telephone number, and, if available, your
e-mail address;
(v) A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright
owner, its agent, or the law;
(vi) A statement that the above information is accurate, and under
penalty of perjury, that you are, or are authorized to act on behalf
of, the owner of the copyright that is allegedly infringed.
Please note, however, that in order for your notice to us to be
effective under the Digital Millennium Copyright Act, your notice
must be in writing and contain the elements described above.
Counter-Notification: If you are the owner
or a person authorized to act on behalf of the owner of the material,
which was removed from our website or disabled after we received
a copyright infringement notice, and you have a good faith belief
that the material was removed or disabled as a result of mistake
or misidentification of the material, you may ask that the material
be restored by sending us a counter-notification. Section 512(g)
of the Copyright Act requires that your counter-notification include
all of the following:
(i) Your physical signature.
(ii) Identification of the material that had been removed or disabled
and the specific urls where the material appeared before it was
removed or disabled.
(iii) 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 to be removed or
disabled.
(iv) Your name, address, and telephone number, and a statement that
you consent to the jurisdiction of the Federal District Court for
the judicial district in which your address is located and that
you will accept service of process from the person who provided
the copyright infringement notification or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any
person who knowingly materially misrepresents that material was
removed or disabled by mistake or misidentification may be subject
to liability.
Once we have received your counter-notification, we will forward
it in its entirety to the party who submitted the original claim
of copyright infringement. The party who submitted the original
claim must then notify us within ten days that he or she has filed
an action seeking a court order to restrain you from engaging in
infringing activity relating to the material, which was the subject
of the original claim of copyright infringement. If we receive notice
of such an action, we will not restore the material. If we do not
receive such notification, we will replace the removed material
and cease disabling access to it.
Written communications concerning copyright infringement or counter-notifications
under this section of our Terms of Use should be sent to the following
address:
GetRight™ Probiotics
Attn: Copyright Dept.
P.O. Box 8189
Cincinnati, OH 45208Or fax to:
513-979-5392, Subject: Copyright Infringement Notification
These Terms of Use shall be governed by and construed in accordance
with the laws of the states of Ohio and Kentucky, without regard
to conflicts of law’s provisions. You and GetRight™
Probiotics agree that the United States District Court for the State
of Ohio and/or the Ohio Superior Court for the County of Hamilton
shall have exclusive jurisdiction over any dispute between you and
GetRight™ Probiotics relating in any way to the GetRight™
Probiotics Web site or these Terms of Use. You and GetRight™
Probiotics expressly and irrevocably consent to personal jurisdiction
and venue in these courts. The parties agree that in any such dispute
or subsequent legal action, they will only assert claims in an individual
(non-class, nonrepresentative) basis, and that they will not seek
or agree to serve as a named representative in a class action or
seek relief on behalf of those other than themselves.
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