Terms & Conditions

Pro-GeneX Terms of Use

By accessing or using any of the Pro-GeneX Laboratories, Inc. (“Pro-GeneX”) internet properties including, without limitation, any other digital services or properties operated or used, and any other future releases by Pro-GeneX (collectively referred to as the “Pro-GeneX Sites”) you agree to comply with and be bound by these Terms of Use (“Terms of Use”), the Pro-GeneX Privacy Policy, and laws and regulations related to Copyright and Intellectual Property. Please read these Terms of Use carefully. If you do not agree to these Terms of Use you must immediately terminate use of the Pro-GeneX sites

Please read the following terms of service carefully. By accessing and using the service(s) or by otherwise indicating your consent to these terms of service, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including our privacy policy and the informed consent (collectively, the “Terms”). If you are not eligible or do not agree to these terms, then please do not use the service. For the current terms of service, visit terms of service.

1. License Grant.
You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Pro-GeneX Sites conditioned on your continued acceptance and compliance with these Terms of Use. You may use the Pro-GeneX Sites for your noncommercial personal use and for no other purpose. Pro-GeneX reserves the right to bar, restrict, or suspend any user’s access to the Pro-GeneX Sites, and/or to terminate this license at any time for any reason. Pro-GeneX reserves any rights not explicitly granted in these Terms of Use.

2. Proprietary Rights.
The content of the Pro-GeneX Sites includes, without limitation, (i) Pro-GeneX trademarks, service marks, logos, brands, and brand names, trade names and other distinctive identification, and (ii) information, data, materials, interfaces, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and (iii) the design, structure, compilation, assembly, functionalities, and applications contained in or available through the Pro-GeneX Sites. Pro-GeneX Sites content is the property of Pro-GeneX, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected in all media now existing or hereafter developed, by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any Pro-GeneX content by you, or direct or indirect through any other person or entity, is prohibited unless express written consent is separately obtained from Pro-GeneX

3. License Restrictions.
Unless otherwise expressly stated in these Terms of Use or you receive Pro-GeneX’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, reverse engineer, or incorporate into any information retrieval system, the Pro-GeneX Sites, or Pro-GeneX content, or any portion thereof. Further, you may not (i) use the Pro-GeneX Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Pro-GeneX Sites; (ii) interfere with the proper working of the Pro-GeneX Sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use of the Pro-GeneX Sites

4. Your Acceptance of Terms of Use.
These Terms of Use constitute a legally binding agreement between you and Pro-GeneX regarding your use and access to the Pro-GeneX Sites. By using the Pro-GeneX Sites, you agree to the Terms of Use. Pro-GeneX reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Pro-GeneX Sites. You will be responsible for regularly reviewing the Terms of Use posted to the Pro-GeneX Sites.

5. Click-Through Agreements.
Before using certain areas of the Pro-GeneX Sites, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I Consent,” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

6. Personal Login Information.
Certain features and areas of the Pro-GeneX Sites are available only with authorization, unique login credentials, or a business relationship with Pro-GeneX. If you are required to register and select a unique login and password, you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. There are certain features of the Pro-GeneX Sites where use from an unsecured network or public computer is prohibited. Your Personal Login Information is specific to you, and you may not allow any third party to use it under any circumstances. Pro-GeneX is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact Pro-GeneX immediately if you become aware of, or believe there is, or may have been, any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns. (678) 343-9569 or Support@Pro-GeneX.com.

7. Privacy Policy.
For information about Pro-GeneX’s data protection practices and Pro-GeneX’s use and protection of your personal information, please read the Pro-GeneX Privacy Policy which is incorporated into and made a part of these Terms of Use. The Pro-GeneX Privacy Policy can be accessed via a link at the bottom of every Pro-GeneX Site page.

8. User Obligations.
You warrant that you will abide by, without limitation, all applicable local, state, national, and international laws and regulations with respect to your use of the Pro-GeneX Sites and not interfere with the use of the Pro-GeneX Sites by other users or with Pro-GeneX’s operation and management of the Sites. You further warrant that your use of the Pro-GeneX Sites and of any data input into or generated by the Pro-GeneX Sites will comply with all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights. Pro-GeneX reserves the right to terminate your access and use of the Pro-GeneX Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Pro-GeneX Sites, or defame or otherwise harm any party through your use of the Pro-GeneX Sites

9. User-Generated Content.
By contributing user-generated content to any of the Pro-GeneX Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant Pro-GeneX a nonexclusive license to display, reproduce, transmit, modify such user-generated content and that Pro-GeneX may use the user-generated content for internal and external marketing purposes. You are solely responsible for the user-generated content you submit. Pro-GeneX does not approve, endorse, or adopt any user-generated content, and Pro-GeneX assumes no liability for any user-generated content submitted by you or others. You agree to indemnify Pro-GeneX against all claims and liabilities resulting from user-generated content.

Pro-GeneX retains the right to remove any content for any reason. Pro-GeneX also retains the right to ban or block a user from posting on Pro-GeneX social media profiles without notice for inappropriate postings or as it deems necessary.

10. Third Party Information.
The Pro-GeneX Sites may feature materials, information, products, and services provided by third parties. Any such information is the property and liability of the respective third party and not of Pro-GeneX or its affiliates. Pro-GeneX makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services, or products.

11. Links to Third-Party Websites.
The Pro-GeneX Sites may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties over which Pro-GeneX exercises no control. The appearance of any such third-party links is not intended to endorse any organization, company, or product. If you decide to access any of the third-party sites linked to the Pro-GeneX Sites, you do so entirely at your own risk. Pro-GeneX makes no representations or warranties with respect to any linked site.

12. Exclusion of and Limitation of Liability.
Pro-GeneX will not be liable for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use the Pro-GeneX Sites; (ii) from any loss of data and/or from any equipment failure; (iii) from unauthorized access to or alteration of your transmissions or data; (iv) from statements or conduct of any third party on the Pro-GeneX Sites; (v) from any delay or failure of the Pro-GeneX Sites arising out of causes beyond Pro-GeneX’s control; or, (vi) out of the use of, reference to, or reliance on, Pro-GeneX content.

In the event you are dissatisfied with, or dispute, these Terms of Use, the Pro-GeneX Sites and/or related content, your sole right and exclusive remedy is to terminate your use of the Pro-GeneX Sites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that Pro-GeneX has no other obligation, liability, or responsibility to you or any other party.

13. Exclusions permitted by law.
Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations which are lawful in your jurisdiction will apply to you and Pro-GeneX’s liability will be limited to the maximum extent permitted by law.

14. Indemnification.
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Pro-GeneX from and against all claims arising from or in any way related to your use of the Pro-GeneX Sites, a violation by you of these Terms of Use, or any other actions connected with your use of the Pro-GeneX Sites, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorney’s fees. Pro-GeneX will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section.

15. Term and Termination.
These Terms of Use will take effect at the time you begin using the Pro-GeneX Sites. Pro-GeneX reserves the right, with or without notice, at any time, and for any reason to deny you access to the Pro-GeneX Sites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the Pro-GeneX Sites, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Pro-GeneX Sites, including any Pro-GeneX content, in your possession.

16. Arbitration; Venue.
Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use must be resolved by a single impartial arbitrator. Any such Claim will be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration will be held in Gainesville, Georgia. All submissions to the arbitrator, the proceedings and the award will be confidential. The arbitration will be conducted on an expedited basis with minimal discovery. The arbitrator’s award will be final and binding. The courts of the State of Georgia and/or the United States District Court for Georgia will have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. Each party irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to these Terms of Use. Pro-GeneX reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

17. Governing Law.
These Terms of Use and all matters regarding your use of the Pro-GeneX Sites will be governed by, construed in accordance with, and enforced under the laws of the

State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply, and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form will be admissible in any legal, investigative, or regulatory proceedings.

18. Waiver and Severability.
The failure to exercise or enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision will be enforced to the fullest extent of the law, and all other provisions will remain in full force and effect.

19. Complete Agreement.
These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the Pro-GeneX Sites and its use by you, and supersedes any previous written or oral communication regarding use of the Pro-GeneX Sites.

20. Statute of Limitations.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Pro-GeneX Sites must be filed by you within one year after such claim or cause of action arose or be forever barred.

21. Use of Websites and Content outside of the United States.
Pro-GeneX makes no claims regarding access or use of the Pro-GeneX Sites or content outside of the United States. If you use or access the Pro-GeneX Sites outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

22. Contact Information.
Use the following contact information if you have any questions or concerns regarding these Terms of Use or the Pro-GeneX Sites.

Phone: (678) 343-9569

Email: Support@Pro-GeneX.com

This Terms of Use is subject to amendment or modification at any time.

Revised June 2022