Terms & Conditions

NOTICE: Please read these Terms and Conditions carefully before using the website. The Terms and Conditions contain important information about your rights and obligations, as well as limitations and exclusions. By using this website or by ordering any product from Probiotic America, LLC, you confirm your unconditional agreement to, and acceptance of, these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this website.

Website Content:

All products, product information, and content on this website are subject to change at any time without notice. Probiotic America, LLC makes all reasonable efforts to accurately display the product information, including colors, labels, pictures, etc. However, the actual appearance you see will depend on your computer system. The product images on the website may not exactly reflect the product you receive as a result of design revisions and color variations.
Probiotic America, LLC attempts to ensure that information on this website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. Probiotic America, LLC makes no representation as to how complete, accurate, or current any information is on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. Probiotic America, LLC may make changes to its Website design, functionality and/or content at any time, and may provide links to other sites that are not maintained by Probiotic America, LLC. Probiotic America, LLC does not endorse those sites and is not responsible for the content of such other sites.

Use of Website:

The entire contents of this Site are copyrighted under United States law.All other Materialsfrom this Website may not be copied, distributed or transmitted in any way without prior written consent of Probiotic America, LLC. The design of this Website and all of its content, text, graphics, information, and other material displayed thereon or that can be downloaded are protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms and Conditions or with prior written approval from Probiotic America, LLC. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy / publicity, and other laws and regulations.
All material on this Site is provided for lawful purposes only. You agree not to use the material on this Site for illegal purposes or for the transmission of material that is unlawful, harassing, defamatory, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. Probiotic America, LLC will cooperate fully with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Termination of your user account for any reason, including but not limited to your violation of any of these Terms and Conditions, results in the immediate revocation of your license to use the Website, Website content and material, and obligates you to immediately destroy any copies of the Website content in your possession.
Termination of your user account for any reason, including but not limited to your violation of any of these Terms and Conditions, results in the immediate revocation of your license to use the Website, Website content and material, and obligates you to immediately destroy any copies of the Website content in your possession.

By using this site or purchasing items from this site, you are agreeing that your use and purchase is for your own, personal, non-commercial use only and that you will use the Site and the products and services therein only as allowed by State, Federal or international law and by , Probiotic America , LLC. The site and the products, services and the trademarks, copyrights and other intellectual property contained therein are the sole and exclusive property of Probiotic America, LLC and you may not use or exploit the site or the content on the site in any way, shape or form whatsoever except for as intended or allowed by us. Any commercial use is expressly prohibited.
To ensure the products and services on this site are of the highest quality and are backed by our exclusive money back guarantee and customer support, among other things, Probiotic America , LLC does not allow any resale or other distribution of any kind or nature, whatsoever, by you or any third party. By purchasing a product from this site you promise and agree that you will not sell, re-sell, distribute or otherwise offer for sale any, Probiotic America , LLC purchased or otherwise received by you, and you also promise and agree that you will not give, sell or otherwise transfer, Probiotic America , LLC products purchased or received by you to any third party for any reason whatsoever. Probiotic America , LLC reserves the right to take action against any unlawful reseller or distributor for unlawfully reselling Probiotic America, LLC products. Such actions include all remedies under State and Federal law, including the Lanham Act.

Notice for Claims of Intellectual Property Violations and Agent for Notice:

Probiotic America, LLC respects the intellectual property of others, and we ask our users to do the same. Probiotic America, LLC abides by the Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. In appropriate circumstances and at Probiotic America, LLC's sole discretion, that response may include removing, disabling and/or terminating access to material residing on the Website that is claimed to be infringing, in which case Probiotic America, LLC will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
If you believe that your work has been copied in the Website in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Probiotic America, LLC's Copyright Agent with the following information:

If the material that you have posted to the Website has been taken down in response to a claim of copyright or other intellectual property infringement, you may send Probiotic America, LLC's Copyright Agent a counter-notification containing the following details:

Probiotic America, LLC's Copyright Agent can be reached as follows:

Copyright Agent
Probiotic America, LLC.
21900 Burbank Blvd
3rd Floor
Woodland Hills, CA 91367

Website Modifications:

Probiotic America, LLC reserves the right to modify or discontinue, temporarily or permanently, the Website as a whole and/or any or all of the Website features, products, prices of products, promotions, services or information appearing on, or available through, any or all of the Website with or without notice to you. You agree that Probiotic America, LLC shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.

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 professional. You should not use the information available on or through the Probiotic America, LLC Website (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, Probiotic America, LLC) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. You should carefully read all product packaging prior to use.

Ordering and Payment:

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

By placing an order, you authorize Probiotic America, LLC to charge the credit card / debit card you provided for your order. If your credit card is declined at the time you place your order, your order will not be accepted and you will be notified that your order payment has failed. Once your payment information is corrected, your order will be placed. If you have received an order without paying for it (e.g. your credit card was cancelled) Probiotic America, LLC reserves the right to pursue any/all collection efforts allowed under the law.
For orders paid by check or e-check, if there is an overage amount (check amount is greater than the order's total), Probiotic America, LLC will apply the overage amount as store credit to the customer's account once the order has been shipped. If the amount of the overpayment is $5.00 or greater, and the customer makes a written request to Probiotic America, LLC for reimbursement of the overpayment, Probiotic America, LLC will issue a refund check in lieu of a store credit to the customer. If your check payment has "bounced" or been declined by our Bank, you are liable for paying the Bank's "Bounce Fee", along with your order total before your order will be fulfilled.

If there is an underage amount for any order paid by check (check amount is less than the order's total), Probiotic America, LLC has the right to use your store credit to pay for the underage amount, refuse your payment, or ask you to submit an additional payment for the underage amount. If Probiotic America, LLC has not received complete payment within two weeks of your order date, your order will be cancelled and payment voided.
All check orders will be placed on-hold until Probiotic America, LLC receives full payment and the payment has cleared Probiotic America, LLC's bank. Once Probiotic America, LLC receives confirmation from the bank that your payment has cleared, your order will be fulfilled.

Autoship:

By enrolling in Probiotic America, LLC's Autoship Program, you are abiding by the following Autoship Terms and Conditions:

Autoship Account:

Autoship Order Placement:

Autoship Order Final Order Amount:
Your Autoship order's final total may vary due to changes in price, tax rates, Customs, duties fees, and/or shipping costs. Your order total will include:

Autoship Order Payment:

Autoship Order Notifications:

Autoship Order Backordered Items:

Manufacture Container Size Changes on Autoship Orders

Product Formula Changes on Autoship Orders
Probiotic America, LLC is committed to providing the best quality and innovation. Our team is continually monitoring our product's effectiveness; updates to the formula are made in the name of quality and improvement for what we believe is in the best interest of our customer. This may result in the manufacturer adjusting its formula (for example, a manufacturer could change the percentage of a product's active ingredient from 5% to 7%). Each formula change could be different and Probiotic America, LLC will take the following actions depending on the percentage change of active ingredients:

Cancellation of Autoship Orders:

Changing of Your Autoship Order:
Modifying subsequent Autoship orders is easy. Simply log in to your account and click "Autoship Management" to update your Autoship order. You can modify the following on your Autoship order(s):

Acceptance of Autoship Terms and Conditions:

Probiotic America, LLC reserves the right to update or revise these Autoship Terms and Conditions at any time. If Probiotic America, LLC makes material changes to these Autoship Terms and Conditions, we will provide you notice on the website for 30 days. If you do not accept these Terms and Conditions or any changes proposed by Probiotic America, LLC, your only remedy is to cancel your Autoship order(s).
Probiotic America, LLC reserves the right to modify or terminate this program at any time without prior notice.

Shipping Limitations:

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

90 Day Guarantee and Return Instructions

Probiotic America, LLC offers a 90-Day Money Back Guarantee on all of our products purchased directly through our website. Your Guarantee comes into effect on the day your product is shipped from our distribution center. The Guarantee will expire 90-days after your shipped date. The Customer will be responsible for all return shipping charges acquired. We require that all Returns have a tracking number. The tracking number is very important in determining the delivery of your Return. No Return Authorization Number is needed. Simply send your Products to

Attn: Returns Dept.
c/o Altern Fulfillment
9371 Canoga Avenue
Chatsworth, CA, 91311

Domestic Use/Export Restriction:

Probiotic America, LLC controls 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) is 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 products, technical data, and software to certain territories. No content from the website may be downloaded in violation of United States law.

Submission of Information and/or Materials:

You understand that to become a Probiotic America, LLC member, no personal information is required. If you voluntarily choose to provide your personal information, this information is covered under our Privacy Policy. You understand and agree that Probiotic America, LLC in no way encourages Probiotic America, LLC members to disclose private information on publicly accessible portions of this Website. Probiotic America, LLC and it directors, officers, employees, and agents are not liable for the disclosure of any personal information which you voluntarily include on the Website. You recognize that you have no legitimate expectation of privacy in any information which you voluntarily disclosed to Probiotic America, LLC, and waive any constitutional, statutory, or common law right to privacy which you might otherwise claim in such information. You understand and agree that Probiotic America, LLC may collect and utilize any personal information, which you voluntarily provided, and may combine the personal information collected from you with information collected from others to provide a better user experience.

Other than personally identifiable information, any information, including but not limited to video, software, data, text, photographs, music, sound, remarks, comments, suggestions, ideas, graphics or other submissions, transmissions and/or postings that are communicated to Probiotic America, LLC through this Website will be considered non-confidential / non-proprietary and will become exclusive property of Probiotic America, LLC.
You acknowledge the originality of any submission communicated to Probiotic America, LLC and accept responsibility for its accuracy, appropriateness and legality in that you agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate. You are responsible for your own communications and are responsible for any consequences resulting from these communications.
Probiotic America, LLC is entitled to use any information submitted for any purpose anywhere, anytime and for any reason whatsoever without restriction or compensation to the person sending the submission. We may, but are not obligated to, monitor or review any User Communications. Probiotic America, LLC will have no obligation to use, return, review, or respond to any information we receive from you. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Probiotic America, LLC retains the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable and may terminate your account or your use of this Website.

Linking to this Website:

Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply with all applicable laws, rules, and regulations.

Third Party Links:

From time to time, this Website may contain links to websites that are not owned, operated or controlled by Probiotic America, LLC or their respective affiliates. These links are for your convenience only and are not under our control. You acknowledge and agree that Probiotic America, LLC is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or guaranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
Products and/or services purchased through third-party websites are subject to the Terms and Conditions of such other parties and their websites, and Probiotic America, LLC shall have no liability or responsibility theretofore.

Indemnity

You agree to indemnify and hold Probiotic America, LLC and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

Disclaimer of Guaranties:

YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS.
PROBIOTIC AMERICA, LLC AND ITS AFFILIATES 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 OF INTELLECTUAL PROPERTY. PROBIOTIC AMERICA, LLC AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PROBIOTIC AMERICA, LLC 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 OF THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER PROBIOTIC AMERICA, LLC NOR ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY YOU THE EXTENT PROHIBITED BY LAW. REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Liability Restrictions:

You agree that Probiotic America, LLC 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, Website interruption, suspension or termination, even if Probiotic America, LLC or its affiliates have been advised of the possibility of such damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent, 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. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in which case the above limitation may not apply to you.
You further 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. Probiotic America, LLC is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions; service degradation (including "line-noise" interference). Under no circumstances will Probiotic America, LLC or its suppliers be liable for any damages or injury that results from the use of the materials on this Site. In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website. In the event of any problem with the products or services that you have purchased on or through this Website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacture's or suppliers Guarantee or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Website.

Revisions to these Terms and Conditions:

These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website.

Enforcement of Terms and Conditions/Jurisdiction:

These Terms and Conditions are governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. Any claim relating to the Probiotic America, LLC Website, our Website Terms and Conditions, and the relationship between you and Probiotic America, LLC shall be governed by the laws of the United States and the State of California without regard to its conflict of law provisions. You and Probiotic America, LLC agree to submit to the personal and exclusive jurisdiction and venue of the State and Federal Courts for the State of California, located in Los Angeles County.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR OUR TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Termination:

You or we may suspend or terminate your account or your use of this Website at any time, without notice, for any reason or for no reason. You may terminate this agreement by destroying all materials obtained from the Probiotic America, LLC Website. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.

General:

No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions and you do not have any authority of any kind to bind Probiotic America, LLC in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Probiotic America, LLC may transfer, assign or delegate the Terms and Conditions Use and its rights and obligations without consent. The Terms and Conditions are not assignable, transferable or sublicensable by you except with Probiotic America, LLC's prior written consent.

Acceptance:

Your use of this Website or by ordering any product from Probiotic America, LLC, confirms your unconditional acceptance of these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this Website.

Additional Assistance:

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at:

Probiotic America, LLC,
21900 Burbank Blvd
3rd Floor
Woodland Hills, CA 91367
(866) 803-9895