1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
You and Probioticcenter, LLC. agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Probioticcenter, LLC. User Agreement (hereafter “User Agreement” in this section entitled “Legal Disputes”), your use of or access to Probioticcenter, LLC.’s sites, services, applications, and tools, or any products or services sold or purchased through Probioticcenter, LLC.’s sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law
You agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Probioticcenter, LLC., except as otherwise stated in the User Agreement.
B. Agreement to Arbitrate
You and Probioticcenter, LLC. each agree that any and all disputes or claims that have arisen or may arise between you and Probioticcenter, LLC. relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Probioticcenter, LLC.’s sites, services, applications, and tools, or any products or services sold or purchased through Probioticcenter, LLC.’s sites, services, applications, or tools shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.
The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND PROBIOTICCENTER, LLC. AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PROBIOTICCENTER, LLC. AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PROBIOTICCENTER, LLC. USERS.
2. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of the User Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
The arbitration shall be held in the county in which Probioticcenter, LLC resides or at another mutually agreed location. If the value of the relief sought is $100.00 or less, you or Probioticcenter, LLC. may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Probioticcenter, LLC. subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Probioticcenter, LLC., unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Probioticcenter, LLC. users, but is bound by rulings in prior arbitrations involving the same Probioticcenter, LLC. user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
3. Costs of Arbitration.
The exact cost depends on the ADR provider selected. An ADR provider’s rules and fee schedule are often available on the provider’s website. For example, the National Arbitration Forum’s rules currently provide that consumers will pay at most $185.00 in disputes between consumers and businesses where the total amount of damages sought is less than $10,000.00 USD. Businesses pay the remainder of the fees charged by the NAF.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is more than $10,000.00 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Probioticcenter, LLC. will consider paying as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Probioticcenter, LLC. for all fees associated with the arbitration paid by Probioticcenter, LLC. on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.
C. Judicial Forum for Legal Disputes.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Probioticcenter, LLC. must be resolved exclusively by a state or federal court located in Trenton, New Jersey. You and Probioticcenter, LLC. agree to submit to the personal jurisdiction of the courts located within Mercer County, or other suitable county of the court, New Jersey for the purpose of litigating all such claims or disputes.
While some of the probiotic supplements reviewed on our site may only offer a 30, 60 or 90 day satisfaction guarantee (or no guarantee at all), we will extend in-house the guarantee period to a full 120 days on any product we carry provided the manufacturers product expiration date does not precede our extended guarantee period which begins at the time of sale. We are extremely confident that you will be 100% satisfied regardless of which brand you decide to go with and therefore, any probiotic reviewed or sold on probioticcenter.com includes a substantial guarantee fully covering each product for 120 days! If during that time you are not 100% satisfied with your purchase, simply return your unused portion to our distribution center address found on your invoice, or contact us at firstname.lastname@example.org