Terms & Conditions

Protexin, Inc. (Protexin) has developed various probiotics products (each a “Product,” and together the “Products”).  You wish to purchase one or more Protexin Products. Protexin has created the website at www.bio-kult.com (the "Website" or the "Site") to provide an online platform for consumers to review information about our Products and to purchase our Products.

To assist you in using the Website, and to ensure a clear understanding of the relationship arising from your use of the Website and purchase of our Products, we have created (i) these Terms of Use and Terms of Sale (the "Terms") and (ii) a Privacy Policy.  Our Privacy Policy explains how we treat information you provide to us through the Site, and our Terms govern your use of our Site and purchase of our Products.  Our Terms and Privacy Policy apply to any visitor to the Website (collectively, “you”), including (i) casual visitors to our Site, who do not purchase Products (“Site Visitors”), (ii) individuals who register to use the Site, purchase Products, and otherwise provide information to us (“Registered Users”).  The terms “Protexin,” “we” and “us” refer to Protexin, Inc..

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE.  BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED AS A PART OF THE REGISTRATION PROCESS OR BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE. 

1.   Your Agreement.  These Terms govern (i) your use of the Website, (ii) your purchase of our Products offered through the Website, (iii) your provision of information in connection with using the Website (“User Content "); and (iv) your use of information obtained through the Website, including (a) information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Protexin or its licensors and made available to you through the Website (“Protexin Content”).  Please read these Terms carefully; they impose legal obligations on you and on Protexin, and establish our legal relationship.  By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. 

While you can visit the Website and review a range of information about Protexin and our Products without registering, to purchase Products, we ask that you become a Registered User.

In addition, if you become a Registered User, during the registration process for your user name and password (and from time to time as we may require) you will be prompted to click/check an "I Accept" button/box, which further confirms your agreement to be legally bound by these Terms.

2.   Obtaining a Password; Use of Your Password

2.1  Protecting Your Password.  We may make certain areas of the Website accessible only to users that have a password.  If we do so, and if you obtain a password, please keep in mind that we will treat anyone who uses your username and password as “you.”  We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password.  Therefore, we recommend that you maintain your user name and password in confidence and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Website.  We also ask that you notify us immediately if you suspect that someone is using your username and/or password in this or any inappropriate manner. 

3.   Your Consent to Our Privacy Practices.  As noted above, our Privacy Policy explains how we treat information you provide to us through the Site.

4.    Grant of Rights to Registered Users

4.1  Grant of Rights to Registered Users.  Subject to Your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Website solely for Your personal purposes, provided that you shall not (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Protexin Website to any third party; (ii) modify or make derivative works based upon the Protexin Website or Protexin Content; or (iii) reverse engineer, reverse compile, or access the Protexin Website in order to build a competitive product or service.

4.2  Duration of Rights.  You will continue to enjoy Your rights under Section 4.1 (Grant of Rights to Registered Users) for as long as you are a Registered User, unless Your password is revoked or suspended for misconduct, as set out in Section 8 (Monitoring; Revocation or Suspension of Use Privileges). 

5.   Ownership; Reservation of Rights.  The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website or the Protexin Content are the proprietary property of Protexin and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use.  Protexin and its licensors retain all rights with respect to the Website and the Protexin Content except those expressly granted to you in these Terms.  You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Website unless specifically authorized in writing by Protexin.

6.   Registered User Grant of Rights

6.1  Grant of Rights to Protexin in User Content.  By submitting User Content, including product reviews, uploading files, or otherwise (if such features are available to you), you grant Protexin the right to use, copy, reformat, index, modify, display, and distribute your UserContent for the purposes of providing our Website.  No compensation will be paid with respect to Protexin's use of your UserContent under this grant.

6.2  Registered User Comments/Feedback.  Our Website may allow Registered Users to provide comments or feedback regarding our Website and our Products.  By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website and our Products.

6.3  Rights/Permissions You Must Have in Your Submitted Content.  In submitting User Content, you warrant that you have sufficient authority and rights to post such Content and provide these use rights.  

6.4  Right to Decline Submitted Content.  We expressly reserve the right to refuse to use (or to disable) any User Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of the Website.

7.   Code of Conduct.  AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW.  Under this Code, you will not:

• Upload, email or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or are otherwise objectionable.

• Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent. 

• Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing. 

•  Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.  Electronic materials – such as music, videos, games, images, and text in electronic form -- can easily be copied, modified and sent over networks (such as the Internet).  These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement.  These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal. 

• Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

• Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.

• Use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website, such as through sending "spam" email.

• Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.

• Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Website. 

• Use the Website for any purpose that is unlawful or prohibited by these Terms.  For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

8.   Monitoring; Revocation or Suspension of Use Privileges.  We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy. 

Although we have no – and assume no -- obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct.  We reserve the right to request edits to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct.  IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE PROTEXIN WEBSITE AT ISSUE.

Users should also understand that our Code of Conduct is based in many instances on principles of applicable law.  Users who violate our Code of Conduct accordingly may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney's fees. Protexin reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with its Privacy Policy.

9.   Links to Third-Party Sites.  The Website may also contain links or produce search results that reference links to third party websites (collectively "Linked Sites").  Protexin has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites.  Protexin does not endorse the content of any Linked Site, nor does Protexin warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access devices.  By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.

10.   User Conduct; User Disputes. Protexin is not responsible for and is not liable for the User Content or conduct of Registered Users.  You are solely responsible for your User Content, conduct, and interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users.  If you have a dispute with one or more Registered Users, you release Protexin(and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

11.   Terms of Sale

11.1  Prices; Payment.  The current prices for purchasing Protexin Products are posted at www.protexin.com, in addition to any applicable taxes indicated at the time of purchase or assessed thereafter(“Purchase Price”).  All prices noted at www.protexin.com are final and not subject to further adjustment.

11.2  Your Authorization.  By providing your credit card information, you (i) agree to pay the corresponding charges and authorize Protexin to charge such fees to the credit card provided by you at the time of purchase, (ii) represent and warrant to Protexin that the credit limit for the credit card you provided is sufficient for the charges, and (iii) you agree to be liable for the amount of your purchase (regardless of whether the credit limit for the credit card you provided is sufficient for such charges).  In the event that the credit limit for the credit card you provided is not sufficient for the charges or such credit card is cancelled , revoked or suspended before full payment is made, you agree (i) to provide Protexin with an alternative credit card and hereby authorize Protexin to charge the amount remaining due from you to such alternative credit card.

11.3  Delivery.  Upon payment by you, we will process and ship your order within the time frame specified at the time of purchase (the “Ship Date”).  We will use reasonable efforts to timely notify you of any delays in the Ship Date. 

11.4  Intellectual Property Notices.  You shall not remove or obscure any copyright, trademark, patent or other proprietary rights notice present on or displayed by or on the Products. 

11.5  Limited Warranty.  Subject to the other terms and conditions herein and to the exclusion of any other warranties applicable by law, Protexin warrants that the goods sold hereunder (i) will correspond materially with their specifications and will be free from material defects in material and workmanship at the time of delivery; (ii) in the case of fungible goods shall be of fair average quality; and (iii) shall be contained, packaged and labeled as required by law.  The foregoing warranty is provided by Protexin subject to the following exceptions:  (a) Protexin shall be under no liability for any defect in the Product(s) arising whether wholly or in part from (I) willful damage to or negligence attributable in any way to You; (II) Your storage or handling of the Product(s); (III) Your failure to follow Protexin’s instructions (whether oral or in writing) for handling and storage of the Product(s); or (IV) any combination of the Product(s) with goods not manufactured by Protexin.  Any warranty claim by You based on any defects in the quality or condition of the Products must be made in writing to Protexin within 30 days from the date of delivery.  For valid claims based on any defect in the quality or condition of the Product(s) or the failure of the Product(s) to meet specifications, or damage, short delivery or non-delivery notified in writing to Protexin as required herein, Protexin shall, as its sole obligation and liability to You, either replace the Product(s) in question free of charge or, at Protexin’s sole discretion, refund to You the price of the Product(s) in question.

11.6  Health Related Information. The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care practitioners. You should not use any information available on or through the Website to diagnose or treat any medical condition or disease. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should consult with your healthcare provider if you have health-related questions before using any of our products. You should discuss any medications and/or nutritional supplements you are using with your healthcare provider before using any new supplements. You should read carefully all instructions and contents of product packaging prior to use.

11.7  Limits On Protexin‘s Warranty Obligations.  EXCEPT FOR THE EXPRESS WARRANTY PROTEXIN PROVIDES IN SECTION 11.5 ABOVE, YOU TAKE THE PRODUCTS “AS IS.”  PROTEXIN MAKES NO OTHER WARRANTY OR REPRESENTATION CONCERNING THE PRODUCTS, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OF WHATEVER KIND OR NATURE, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  IF PROTEXIN CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN TO THE MAXIMUM EXTENT POSSIBLE, THE DURATION OF SUCH IMPLIED WARRANTIES SHALL EXPIRE THIRTY (30) DAYS AFTER DELIVERY. THE REMEDIES SET OUT IN SECTION 11.5 (Limited Warranty), ARE YOUR EXCLUSIVE REMEDIES RELATED TO PROTEXIN PRODUCTS.

11.8  Returns and Refunds.  If you are not satisfied with your Product, you can request a return within 30 days from the date of delivery.  To receive a full refund, you must provide proof of your date of delivery.  You are responsible for the cost of shipping the Product back to Protexin.  Approved returns will receive a full refund of the Purchase Price. The cost of shipping cannot be recovered from shipping providers, and is not refundable.  Once your returned Product is received, inspected, and approved, any refund amount will be processed to the credit card used in the original purchase.  To return the Product within 30 days of your purchase date, contact Protexin Customer Service:

Call: 786 310 7233
Monday thru Friday 07:30 – 3:30 pm EST
Email: contact@bio-kult.com

12.  Website Warranty Disclaimer.  PROTEXIN DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE WEBSITE WILL PROVIDE SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE OR YOUR USE OF ANY CONTENT, SEARCH, OR LINK ON IT.  THE WEBSITE AND ALL CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK.  PROTEXIN DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM PROTEXIN SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

PROTEXIN DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE PROTEXIN WEBSITE AND RELATED CONTENT IS AT YOUR SOLE RISK. 

13.   Limitation of Liability.  YOUR REMEDIES UNDER SECTION 11.5 (Limited Warranty), ABOVE, ARE IN LIEU OF ALL OTHER RIGHTS AND REMEDIES, AND PROTEXIN SHALL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND, INCLUDING (i) DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, AND SIMILAR DAMAGES, (ii) LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, (iii) DAMAGES ARISING FROM ANY TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE) OR FAULT COMMITTED BY PROTEXIN, ITS AGENTS, OR EMPLOYEES, OR (iv) ANY INDIRECT, CONSEQUENTIAL LOSS OR OTHER DAMAGE HOWSOEVER CAUSED INCLUDING DAMAGE RESULTING (a) FROM THE PURCHASE, USE, OR MISUSE OF THE PRODUCT(S), (b) FROM ANY INABILITY TO USE THE PRODUCT(S), (c) FROM THE COST OF SUBSTITUTE PRODUCT(S), OR (D) USE OF THE PROTEXIN WEBSITE AND RELATED CONTENT.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PROTEXIN EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM AT ISSUE. Some States do not allow limitations on how long an implied warranty lasts, and do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 

14.   Indemnity.  You agree to defend, indemnify, and hold Protexin and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.

15.   Contact for Alleged Copyright Infringement.  Protexinrespects the intellectual property rights of others and requires that its users do the same.  If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a "Work"), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:

Jonathan Sowler, jonathan@protexin.com

Your notice must comply with the DMCA.  Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

16.  Modifications to these Terms.  We may modify and change these Terms over time.  We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Website.  Please feel free to print out a copy of these Terms for your records. 

17.  Assignment.  These Terms shall not be assignable by you, either in whole or in part.  Protexin reserves the right to assign its rights and obligations under these Terms.

18.  General.  These Terms shall be governed in all respects by the laws of the State of Florida without giving effect to its conflicts of law provisions.  Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Florida in the judicial district where Protexin has its principal place of business.  The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts.  If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Protexin’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Protexin and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

19.  Survival.  The following provisions shall survive the termination of these Terms and shall apply indefinitely: 

Section 5 (Ownership; Reservation of Rights)

Section 11.7 (Limits On Protexin‘s Warranty Obligations)

Section 12 (Warranty Disclaimer)

Section 13 (Limitation of Liability)

Section 14 (Indemnity)

Section 17 (Assignment)

Section 18 (General)

Section 19 (Survival)

20.  Relationship to Privacy Policy and Other Contracts.  These Terms must be read in conjunction (i) with other agreements into which you may enter concerning the Website or our Products (if any), and (ii) with our Privacy Policy.  The provisions of our Privacy Policy are incorporated herein.  To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy will control.  Similarly to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement will control. 

21.  Contact UsIf you have any questions about these Terms, the practices of this Site, or your dealings with this Website, or any other reason please contact us by phone or email:


Phone: (786) 310-7233

Email: contact@bio-kult.com

 

Effective DateThe effective date of these Terms is 1st June 2017.