Terms of Use

Last Modified: January 2, 2023

Welcome to the website, www.proenzol.com, and its online store and services (collectively, the ”Site”), owned and operated by ProEnzol®, a division of Enzymes, Inc. (collectively, “ProEnzol”, we, our). To maintain our reputation for providing exceptional products and services to health care practitioners and their patients, we have established Terms and Conditions of Use (the “Terms”) which apply to the Site. PLEASE READ THE TERMS AND THE SEPARATE PRIVACY AND SECURITY POLICY  CAREFULLY BEFORE ACCESSING THE SITE AS THEY GOVERN YOUR USE OF THE SITE AND YOUR USE AND PURCHASE OF ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE.  BY ACCESSING AND/OR USING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS WITHOUT MODIFICATION WHETHER OR NOT YOU HAVE READ THEM.   In addition, you hereby represent that you are at least eighteen (18) years of age and agree to comply with all applicable U.S. laws and regulations in connection with your use of the Site. If you do not or cannot agree to be bound by the Terms, please discontinue accessing the Site as you are not authorized to use the Site or any of the services offered through the Site.

ACCEPTABLE USE OF THE SITE

In order to use the Site, you must obtain access to the Internet and pay all service fees associated with such access. Upon approval to open a ProEnzol account, a healthcare practitioner is authorized to purchase ProEnzol Products on the Site and to view, print, and retain copies of pages of the Site for professional use in treating their patients. Specific areas of the Site are only accessible to those health care practitioners with ProEnzol accounts and the information provided is not intended to be shared with patients or other persons or entities. Authorized health care practitioners may permit their patients to purchase ProEnzol Products on the Site and to view, print, and retain a single copy of non-restricted pages of the Site for their personal use only, not on behalf of any other persons or entity. You agree not to duplicate, download, publish, modify, distribute or use any content located on the Site for any purpose other than those authorized above unless specifically approved by ProEnzol in writing or in the following Terms.

 You are prohibited from violating or attempting to violate the security or authentication measures of the Site. Accordingly, you agree not to:

  • Access or attempt to access information or materials not intended for you;
  • Log into an account or server which you are not authorized to access;
  • Bypass measures implemented by ProEnzol to prevent or restrict access to certain areas of the Site;
  • Attempt to probe, scan, or test the vulnerability of a system or network used in conjunction with the Site without proper authorization; or
  • Interfere with or attempt to interfere with the proper working of the Site or the service to any user, host, or network.

Violations of system or network security may result in civil or criminal liability.

You agree NOT to use the Site for or in connection with any of the following activities:

  • Reproducing, republishing, uploading, posting, transmitting, or distributing in any way material or content that infringes any copyright, trademark, proprietary, or other rights of any party;
  • Using ProEnzol Intellectual Property, the name of ProEnzol personnel, or any variation of these items in a meta tag or hidden text element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between ProEnzol and you, any other party, or any other website;
  • Collecting and/or storing personal data about other users of the Site;
  • Transmitting or relaying spam or other unauthorized/unsolicited communications;
  • Impersonating any person or entity, misrepresenting your identity or affiliation with another person, entity, or association, or otherwise concealing your identity for any reason;
  • Using the Site for any fraudulent or illegal purpose or to encourage conduct that would be considered fraudulent or illegal;
  • Emailing, uploading, posting, or otherwise using the Site to distribute, or transmit any unlawful, threatening, harassing, abusive, defamatory, tortious, false, misleading, libelous, immoral, sexually explicit, scandalous, vulgar, obscene, hateful, racially or ethnically objectionable or any other inflammatory or disruptive material, including without limitation that which could constitute or encourage conduct considered to be a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law;
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer code, files, or programs with the intent to damage, destroy, disrupt, interfere with or otherwise limit or impair a computer’s functionality or the operation of the Site or surreptitiously intercept or expropriate any system, data or information related to the Site or any computer hardware, software or other equipment that is owned, leased or used by ProEnzol; and
  • Using any robot, spider, scraper, or other automated means or device designed to provide repeated or automated access to the Site for any purpose.

ProEnzol reserves the right to disclose to law enforcement authorities the identity of anyone posting or transmitting any information or materials violating the above prohibitions.

PERSONAL INFORMATION/SECURITY CODES

You represent and warrant that the Personal Information you provide to us by means of the Site, whether through setting up an account, the purchasing process or otherwise, will be truthful, accurate, current, complete, not misleading, fictitious or fraudulent, not personal information of others, not in violation of any other third party’s rights, and offered in good faith. You are solely responsible for all transactions and transmissions that occur on the Site through the use of your Personal Information, and you agree to maintain the confidentiality of your Personal Information and update it as needed in a timely manner. You further agree that we are not liable to you or any third party for damages or losses related to the accuracy of Personal Information provided by you to ProEnzol on the Site. Some areas of the Site are restricted and require a user identification code (“User ID”) and a personal security code (“Password”) for access. You agree not to share your User ID and Password with another person, nor allow another person to use your Personal Information to fully access or use the Site. It is solely your responsibility to keep your User ID and Password confidential and to notify us immediately if you believe someone else has used your User ID and Password to access the restricted areas of the Site. We may block, at our sole discretion, your access to the restricted areas of the Site without prior notice if we believe your User ID and Password are being used by someone other than you or if any unauthorized access to your Personal Information has occurred or may occur.  In accessing areas of the Site requiring a User ID and Password, you agree that we are entitled to act on instructions received under your User ID and Password and that we are not liable for any unauthorized access to your Personal Information that is not the direct result of gross negligence or intentional misconduct on our part. Please review our Privacy and Security Policy for more information regarding our policies and procedures for collecting, using, disclosing, and storing your Personal Information. Nothing contained in the Terms prevents ProEnzol from exercising its right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ProEnzol with respect to such use.

PROFESSIONAL/PATIENT ACCOUNT

You are completely responsible for your account and everything that happens on your account. If you become aware of unauthorized use of your account, you must notify ProEnzol immediately. You may not transfer your account to anyone else. You will be liable for losses and damages incurred by ProEnzol (or anyone else) due to the unauthorized use of your account.

PURCHASES BY AUTHORIZED HEALTHCARE PRACTITIONERS ON THE SITE

By establishing a Professional Account and purchasing ProEnzol Products (“Products”) on our Site, you represent and/or agree to the following:

  • You are a licensed or certified health care practitioner in good standing with your applicable professional and/or regulatory authority, and you have provided or will provide a copy of your license, degree, or certificate to ProEnzol for our records.
  • You are purchasing Products solely for sale to your patients and clients who you believe are purchasing Products for their personal use.
  • You will not sell to anyone a quantity of Products greater than that generally purchased by an individual for personal use.
  • You will only sell Products at your place of business as designated by you in your Professional Account application.
  • You agree to comply with all United States export laws and regulations when shipping Products to patients residing outside of the United States, assuming sole responsibility for any required export approval and/or licenses, documentation, and all related costs.
  • You warrant that Products purchased through the Site are not being acquired for shipment, transfer, or export, directly or indirectly, to proscribed, embargoed, or prohibited countries or their nationals, denied destinations, or for prohibited activities.
  • You will not sell or transfer any of the Products to any person or entity for re-sale. This includes sales to business-to-business accounts, wholesalers, freight forwarders/drop shippers for other resellers, or any other person or entity you know or have reason to know intends to re-sell the Products.
  • You will not offer Products for sale or fulfill sales of Products through any website without the prior written approval of ProEnzol.  Selling on third-party marketplace sites (such as Amazon, Pure Formulas, eBay, Walmart Marketplace, and Jet) or through drop-ship accounts (such as Newegg, Overstock), classified sites (such as Craigslist, Facebook Marketplace), or social media is strictly prohibited. Anyone who violates this provision is subject to immediate and permanent suspension of purchasing privileges.
  • You are prohibited from advertising, marketing, displaying, or demonstrating Products online or outside of your place of business as designated by you in your Professional Account application without the prior written approval of ProEnzol.
  • You agree to inspect your inventory regularly for expired or soon-to-be expired Products and to remove those Products from inventory, thereby, preventing the sale of expired Products.
  • You agree to only sell Products in their original packaging, with all seals intact. Relabeling, repackaging, and other alterations to the Products or their packaging is prohibited. You will not tamper with, deface, or otherwise alter batch codes, lot numbers, expiration dates, or any other identifying information on Products. Further, you will not remove, translate, or modify the contents of any label or literature on or accompanying the Products.
  • You agree to communicate all safety information regarding the Products to patients and clients purchasing said Products and to cooperate with ProEnzol with respect to any Product recall.
  • You shall comply with all applicable laws, rules, regulations, and policies related to the sale and marketing of the Products including applicable consumer safety and protection laws.
  • You acknowledge that the purchase of Products on the Site is subject to availability and that Product information on the Site is intended as general information, and should not be relied upon to be complete descriptions of every product, indication for use, or contraindication for use.
  • You agree to sell the Products only as set forth herein. Sales in violation of these terms are strictly prohibited and may result in immediate termination of your Professional Account, in addition to other remedies.

MINIMUM ADVERTISED PRICE (“MAP”) POLICY

ProEnzol has established a strict Minimum Advertised Price (“MAP”) Policy to protect the reputation and image of our Products that applies to all resellers of Products located within the United States. ProEnzol products shall never be publicly advertised through any promotional medium below the published Minimum Advertised Price found on the current Healthcare Professional Price List. Any reference or inference in any electronic or print media to discounts, rebates, rewards programs, coupons, special offers, sales promotions, price reductions, special call-in pricing, or other purchase inducements resulting in a price below MAP must explicitly state “Not valid on ProEnzol products”. This paragraph is intended to inform you of the MAP Policy. It does not constitute an agreement between you and ProEnzol regarding the prices you will charge your patients for the Products. ProEnzol does not seek, nor will it accept, from reseller any assurance of compliance with the MAP Policy. The ProEnzol MAP Policy applies to publicly-advertised prices only, not selling prices. ProEnzol reserves the right to discontinue selling or supplying Products to customers, not in compliance with this Policy.

PURCHASES BY PROENZOL DIRECT CUSTOMERS ON SITE

By establishing a ProEnzol Direct Patient Account and purchasing Products on the Site, you represent and/or agree to the following:

  • You are a patient of and referred by a licensed or certified health care professional.
  • You are purchasing Products solely for your own personal use.
  • You will not sell or transfer any of the Products to any other person or entity.
  • You will not offer Products for sale or fulfill sales of Products through any retail outlet or website. Selling on third-party marketplace sites (such as Amazon, Pure Formulas, eBay, Walmart Marketplace, and Jet), or through drop-ship accounts (such as Newegg, Overstock), classified sites (such as Craigslist, Facebook Marketplace), or social media is strictly prohibited. Anyone who violates this provision is subject to immediate and permanent suspension of purchasing privileges.
  • You acknowledge that the purchase of Products on the Site is subject to availability and that Product information on the Site is intended as general information, and should not be relied upon to be complete descriptions of every product, indication for use, or contraindication for use.

CHANGES TO THE TERMS AND SITE

ProEnzol reserves the right, at our sole discretion, to update, amend, modify, supplement or delete sections of the Terms or other policies that govern the use of the Site at any time, for any reason, without notice. If you have an account on the Site, ProEnzol will provide you notice of such modification via email or mail to the email address or the mailing address associated with your account. Your use of the Site following such notice shall be deemed to be acceptance of such modifications to the Terms.  If you do not agree to any such modifications, you must immediately contact ProEnzol to cancel your account and cease using the Site. For users of the Site that have not set up an account, ProEnzol will make available the updated Terms on the Site. Your access or use of the Site following such posting will be deemed to be acceptance of such modifications to the Terms.  If you do not agree to any such modifications, you must immediately cease accessing and using the Site. You acknowledge and agree that it is your responsibility to review the Terms regularly.

Furthermore, changes may be made at any time, for any reason, without notification, to the information, names, text, software, images, pictures, logos, trademarks, functionalities, products and services, and any other material contained on or offered through the Site. ProEnzol shall not be liable for any possible consequences of such changes. Inaccuracies or typographical errors may occur on the Site from time to time and will be corrected, at our sole discretion, once they are found. Such updates, amendments, modifications, supplements, corrections, or deletions will take effect immediately upon being posted to the Site. Your continued use of the Site following the posting of these changes constitutes your acceptance of any and all changes to the Site content or functionality.

LINKS TO THIRD-PARTY SERVICES

The Site may contain links or references to or from third-party websites that are not under the control of or affiliated in any way with ProEnzol. We are not responsible and, consequently, not liable to you for the content of these third-party websites including the accuracy, completeness, timeliness, authorship, suitability, or reliability of any information, data, opinions, recommendations, products, or services made available on these websites or through links contained on these websites. Links to third-party websites are provided solely for your convenience and the inclusion of such links on the Site is not an expressed or implied endorsement or warranty by ProEnzol of any third-party products, services, or information on the linked websites. Your use of such third-party websites is subject to the terms and conditions and the privacy policies of such websites. Nothing in the Site referencing any third parties with whom ProEnzol conducts business and nothing in the Terms shall be deemed to create any agency relationship, affiliation, or sponsorship among ProEnzol and such third parties or you, or make the third parties or you, partners or joint venturers with ProEnzol, or otherwise provide you or any third parties with any rights to act on ProEnzol’s behalf.

INTELLECTUAL PROPERTY RIGHTS

The term “Intellectual Property Rights” shall mean, collectively, rights under patent, trademark, copyright, and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide. Except where otherwise indicated, all content displayed on the Site and the selection, coordination, and arrangement of such content including, but not limited to, words or phrases, product names, titles, page headers, data, graphics, designs, button icons, logos, images, photographs, pictures, drawings, animation, music, audio and video clips, page/screen layout, user interface, software, literature, and any other material distributed by ProEnzol on, through, or in connection with the Site is the exclusive property of ProEnzol and its content providers and is protected to the full extent provided by U.S. and international Intellectual Property Rights laws. All rights not expressly granted hereunder are expressly reserved to ProEnzol.

  • Copyright Rights
    All content used on the Site is the property of ProEnzol and its content providers and is subject to U.S. and international copyright laws. In accordance with applicable copyright laws, you are expressly prohibited from copying, reproducing, modifying, distributing, displaying, or transmitting any of the content of the Site for any purposes whatsoever except as expressly set forth in these Terms or with the express written permission of ProEnzol. Nothing stated or implied on the Site confers on you any right under any copyright of ProEnzol or any third party. Requests for permission to reproduce any information contained on the Site should be addressed to Enzymes, Inc., Attn: Legal Department, 10601 NW Ambassador Drive, Ste. E, Kansas City, MO 64154 or email: legal@enzymesinc.com.
  • Trademark Rights
    All rights in the product names, company names, trade names, logos, product packaging, and designs of all ProEnzol or third-party products, whether or not they appear in large print or with the trademark symbol, belong exclusively to ProEnzol or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under U.S. and international trademark laws. The use or misuse of these trademarks or any materials containing these trademarks, except as permitted herein, is expressly prohibited and nothing stated or implied on the Site confers on you any right under any trademark of ProEnzol or any third party.

LIMITED LICENSE TO USE PROENZOL INTELLECTUAL PROPERTY

By accessing any part of the Site, you have a limited license to use the Site, including the limited right to view, bookmark, download, and print one (1) electronic or paper copy of those pages of the Site that interest you, provided the copy is used solely for non-commercial, personal purposes and all copyright, trademark, or any other proprietary notices appear in all copies in the same manner as on the Site. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Site.

Except as expressly provided herein or with the prior written permission of ProEnzol, you agree not to:

  • Produce, reproduce, modify, adapt, publish, republish, create derivative works from, translate, display, upload, post, distribute, transmit, broadcast, communicate via telecommunication or circulate any content on the Site to any third party or otherwise use any of the Site’s content, or redeliver such content using framing or similar technology.
  • Use any portion of the Site, or any other intellectual property of ProEnzol, on any other website, in the source code of any other website, or in any other printed or electronic materials.
  • Link from another website to any page on the Site.
  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory.

In addition to the above Terms, authorized health care practitioners are granted a limited, non-exclusive, non-assignable, non-transferable, revocable license to use the ProEnzol brand, name, logo, trademarks, trade dress, patents, copyrights, and other intellectual property related to the Products (the “ProEnzol Intellectual Property”) solely for purposes of marketing and selling the Products to their patients. This license will cease upon termination of an Authorized Health Care Practitioner’s account. ProEnzol reserves the right to review and approve, in its sole discretion, the Authorized Health Care Practitioner’s use or intended use of ProEnzol Intellectual Property at any time, without limitation. All goodwill arising from said use of ProEnzol Intellectual Property shall inure solely to the benefit of ProEnzol.

None of the above Terms with respect to ProEnzol Intellectual Property may be waived or modified by any oral communications between you and ProEnzol.

COPYRIGHT AGENT FOR CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to the Digital Millennium Copyright Act, ProEnzol designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide ProEnzol’s designated agent with ALL of the following information:

  1. a description of the copyrighted work that you claim has been infringed;
  2. a description of the allegedly infringing material on the Site that you are requesting be removed;
  3. your name, address, daytime telephone number, and email address;
  4. a statement by you that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and
  6. an electronic or physical signature of the owner of the copyright interest (or the person authorized to act on behalf of the owner of the copyright interest) who is asserting the infringement of the copyright claim and submitting the required statements above.

ProEnzol’s designated agent for notification may be contacted as follows:

By mail:

Legal Department
Copyright Agent
Enzymes, Inc.
10601 NW Ambassador Drive, Ste E
Kansas City, MO  64154

By email:

legal@enzymesinc.com

ProEnzol shall remove any content which infringes the copyright of any person under the laws of the United States upon receipt of a statement in conformance with 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting a copyright infringement statement falsely.

WARRANTY DISCLAIMER

ALL CONTENT AVAILABLE ON THE SITE AND THE SITE ITSELF ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, CONDITION, OR REPRESENTATION OF ANY KIND. PROENZOL HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS, WHETHER ARISING FROM LEGAL STATUTE, COURSE OF DEALING, CUSTOM OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF:

  • MERCHANTABILITY OR SATISFACTORY QUALITY;
  • FITNESS OR SUITABILITY FOR A PARTICULAR OR INTENDED PURPOSE, OR MEETING THE REQUIREMENTS OR NEEDS OF ANYONE;
  • NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY;
  • UNINTERRUPTED, CONTINUOUS OR ERROR/OMISSION-FREE FUNCTION OR OPERATION OF ALL PARTS OF THE SITE, OR TIMELY CORRECTION OF DEFECTS ON THE SITE, OR THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR ANY EMAIL SENT FROM PROENZOL ARE FREE OF VIRUSES, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE;
  • UNINTERRUPTED, CONTINUOUS, COMPLETE OR ERROR/OMISSION-FREE ACCESS TO THE SITE OR INTERNET TRANSMISSION TO AND FROM THE SITE;
  • DOWNLOADING COMPATIBILITY OF ANY CONTENT OR SOFTWARE ON THE SITE WITH YOUR COMPUTER SYSTEM OR MOBILE DEVICE;
  • ACCURACY, RELIABILITY, CORRECTNESS, COMPLETENESS, PERFORMANCE, OR LEGAL COMPLIANCE OF THE CONTENT ON THE SITE INCLUDING, WITHOUT LIMITATION, PRODUCT RECOMMENDATIONS, DESCRIPTIONS, INTERACTIONS, SAFETY AND/OR EFFECTIVENESS INFORMATION, OR THE USE OR RESULTS OF THE USE OF THE SITE. ANY RELIANCE ON-SITE CONTENT IS AT YOUR OWN RISK;
  • ABILITY OR PERFORMANCE OF HEALTH CARE PROFESSIONALS REFERRED VIA THE SITE;
  • ANY RESPONSIBILITY FOR CONTENT, INCLUDING, BUT NOT LIMITED TO, PRODUCTS OR SERVICES, FOUND ON THIRD-PARTY WEBSITES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE, OR UNAUTHORIZED ACCESS TO USER TRANSMISSIONS BY THIRD PARTIES ARISING FROM USE OF THE SITE;
  • ANY RESPONSIBILITY FOR PRODUCT ORDERING FUNCTIONS, ORDER FULFILLMENT, OR COMPLIANCE OF PRODUCTS WITH ANY MANUFACTURER’S WARRANTIES OR SPECIFICATIONS;
  • UNCOMPROMISED USE OF YOUR PERSONAL INFORMATION PROVIDED ON THE SITE; AND
  • PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY PROENZOL.

THE FOREGOING WARRANTY DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU IF YOU ARE A USER RESIDING IN A JURISDICTION THAT DOES NOT PERMIT CERTAIN WARRANTY DISCLAIMERS. NO ONE OTHER THAN PROENZOL IS AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION ON BEHALF OF PROENZOL, AND YOU SHALL NOT RELY ON ANY STATEMENT OF WARRANTY OR REPRESENTATION MADE BY A THIRD PARTY.

INFORMATION DISCLAIMER

INFORMATION PROVIDED ON THE SITE OR BY ANY EMPLOYEE OR AGENT OF PROENZOL, WHETHER BY TELEPHONE, EMAIL, LETTER, FACSIMILE, OR OTHER FORM OF COMMUNICATION, IS FOR EDUCATIONAL PURPOSES OR GENERAL GUIDANCE ONLY, AND IS NOT INTENDED TO, AND DOES NOT CONSTITUTE MEDICAL, LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE, OR CREATE A PROFESSIONAL RELATIONSHIP BETWEEN PROENZOL AND THE RECIPIENT, OR CREATE MEDICAL CONFIDENTIALITY PRIVILEGES. ANY HEALTH-RELATED INFORMATION PROVIDED BY PROENZOL ON THE SITE OR IN ANY OTHER MANNER OR MEDIUM DOES NOT CONSTITUTE OR SHOULD NOT BE USED AS A SUBSTITUTE FOR MEDICAL ADVICE OBTAINED FROM A QUALIFIED HEALTHCARE PRACTITIONER. THE INFORMATION CONTAINED HEREIN IS NOT INTENDED TO BE USED TO DIAGNOSE OR TREAT A HEALTH PROBLEM OR DISEASE AND SHOULD NOT BE A REASON TO DELAY SEEKING MEDICAL ADVICE, DISREGARDING MEDICAL ADVICE, OR DISCONTINUING MEDICAL TREATMENT. IT IS IMPORTANT THAT MEDICAL DECISIONS BE MADE ONLY AFTER CONSULTATION WITH A QUALIFIED HEALTHCARE PRACTITIONER.

STATEMENTS MADE ON THE SITE ABOUT SPECIFIC NUTRIENTS OR PRODUCTS HAVE NOT BEEN EVALUATED BY THE FDA (FOOD AND DRUG ADMINISTRATION). DIETARY AND NUTRITIONAL SUPPLEMENTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT DISEASE. A QUALIFIED HEALTHCARE PROFESSIONAL SHOULD BE CONSULTED BEFORE BEGINNING ANY DIET, EXERCISE, OR SUPPLEMENTATION PROGRAM.

LIMITATION OF LIABILITY

BY ACCESSING THE SITE, YOU ACKNOWLEDGE YOUR USE OF THE SITE IS AT YOUR OWN RISK AND INITIATIVE. PROENZOL, ITS RELATED ENTITIES, BUSINESS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, VENDORS, CONTENT PROVIDERS, OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “PROENZOL PARTIES”) SHALL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE INCLUDING, WITHOUT LIMITATION, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY AND/OR PUNITIVE DAMAGES; DATA, PROPERTY, INCOME OR PROFIT LOSSES; AND THIRD PARTY CLAIMS, REGARDLESS OF THE CAUSE. THESE LIMITATIONS APPLY EVEN IF THE PROENZOL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROENZOL PARTIES ASSUME NO RESPONSIBILITY AND DISCLAIM ANY LIABILITY FOR, ANY ILLNESS OR INJURY RESULTING FROM USING ANY PRODUCTS OR RELYING UPON ANY INFORMATION CONTAINED ON THE SITE OR FOR ANY HEALTH CARE PROVIDED BY ANY HEALTH CARE PROFESSIONAL TO WHICH YOU WERE REFERRED VIA THE SITE.

 NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL THE PROENZOL PARTIES’ TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). YOU AGREE TO PROMPTLY NOTIFY PROENZOL IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE PROENZOL PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES SHALL BE WAIVED AND RELEASED.

 THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU IF YOU ARE A USER RESIDING IN A JURISDICTION THAT DOES NOT PERMIT CERTAIN LIABILITY LIMITATIONS.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ProEnzol, its related entities and business affiliates, and their respective directors, officers, employees, agents, contractors, vendors, third party content or service providers, or other representatives and each of the heirs, executors, successors and assigns of any of the foregoing, from and against any and all claims, liabilities, losses, damages, expenses (including, without limitation, all legal fees and costs) and actions brought by you or any third party, to the extent they are caused by, arise from, or are incurred in connection with your use of the Site including, without limitation, your (i) breach of, or failure to perform, any term, covenant or condition in the Terms; (ii) infringement of any person’s or entity’s legal rights (including, without limitation, intellectual property or other proprietary rights, or publicity, contract, moral, or privacy rights); (iii) violation of any applicable law, rule or regulation; (iv) negligence, recklessness, or willful misconduct; or (v) claim your Personal Information was used without authorization by a party other than ProEnzol.

GOVERNING LAW AND ARBITRATION

The laws of the State of Missouri (excluding any conflict of law principles) shall govern your rights and obligations relating to ProEnzol, the Site, and the Terms. In the event of a dispute that cannot be resolved informally, all parties agree any claim, controversy, or dispute arising from or relating to the Terms or the Site (including the arbitrability of such a dispute and the existence, validity, interpretation, performance, termination or breach thereof) shall be settled by binding arbitration by a single arbitrator (considered an expert in internet services) in Kansas City, Missouri in accordance with the then-current  Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under the Terms shall be joined to an arbitration involving any other party subject to the Terms, whether through class arbitration proceedings or otherwise. The arbitration shall commence no later than one (1) year after such dispute, claim or controversy arises, otherwise, it shall be deemed waived forever. All parties shall bear their own expenses, except the expenses of the arbitrator shall be shared equally by the parties and the required non-refundable filing fees shall be paid solely by the party asserting the related claim.

The above requirement for arbitration shall not prevent a party from seeking a preliminary injunction, temporary restraining order, specific performance, or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute. Exclusive jurisdiction and venue for any legal action or proceeding in any way related to the Terms or the Site shall be the state or federal courts located in Platte County, Missouri.

SEVERABILITY, WAIVER, AND ASSIGNMENT

If any provision of the Terms is found to be illegal, invalid, or unenforceable by any court having competent jurisdiction, then such provision shall be deemed severed from the Terms and shall not affect the legality, validity, and enforceability of any remaining provisions of the Terms, which shall remain in full force and effect. Any failure or delay by ProEnzol in enforcing any provision of the Terms or responding to a breach of any provision of the Terms shall not in any way be considered a waiver of its right to enforce subsequently any provision of the Terms or to act with respect to similar breaches, and shall not be construed to be a modification of the Terms unless and until agreed to in writing by ProEnzol. The Terms and any rights or obligations thereunder may not be assigned, in whole or in part, without the prior written consent of ProEnzol. Any such assignment by you without prior written consent of ProEnzol shall be null and void and of no force and effect. ProEnzol may assign the Terms or any rights thereunder without your consent and without notice.

TERMINATION

The Terms are effective until terminated by either party. If you no longer agree to be bound by the Terms, you must immediately discontinue use of the Site. ProEnzol may terminate, restrict, or suspend part or all of your license to access or use the Site, at any time, in its sole discretion, without prior notice to you and without any liability to you. ProEnzol also may take whatever action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in ProEnzol’s sole discretion, violates any provision of the Terms, may create liability for ProEnzol Parties, or may affect ProEnzol’s business relationships, though ProEnzol is not required to screen or monitor any communications or information prior to their posting. ProEnzol has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner; and you release ProEnzol from any liability related to its monitoring activities. If ProEnzol terminates your access to and use of the Site, you agree to destroy all materials obtained from the Site and all copies of those materials with the exception of your personal customer-account-related materials. Upon termination, ProEnzol, in its sole discretion, may immediately deactivate or delete your account and all related information in the account. The provisions that by their nature are intended to survive beyond the termination, cancellation, or expiration of the Terms shall survive.

INDEPENDENT PARTIES

As a result of your compliance with the Terms or your use of the Site, you agree that no joint venture, partnership, employment, agency, or like relationship has been created between you and ProEnzol with both parties remaining as independent contractors.

ENTIRE AGREEMENT

The Terms, and any policies referenced hereto, constitute the entire agreement between you and ProEnzol with respect to your use of the Site. All prior agreements, understandings, statements, negotiations, and representations relating thereto are superseded by the Terms and should not be relied upon. The Terms may not be amended, altered, or added to in any manner except as set forth by a document in writing and signed by an authorized representative of ProEnzol. If you have another relationship with ProEnzol governed by a separate agreement, the terms of this other agreement is not altered by the Terms or by any content on the Site, provided that nothing in this other agreement shall diminish the protections and rights provided to ProEnzol under the Terms. The Terms and any notices relating to the Terms provided in electronic format, combined with your act of using the Site, have the same legal force and effect as a written document with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. Therefore, you agree that you shall not challenge the validity, enforceability, or admissibility of the Terms and related notices on the grounds that they were electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the Terms and related notices.

HOW TO CONTACT PROENZOL

If you have any questions regarding the Terms, please contact ProEnzol at: (800) 637-7893 or support@enzymesinc.com.