Terms of Service

INTRODUCTION

Welcome to https://www.prostatebattle.com. This website is owned and operated by Phytage Labs LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy.

This agreement is in effect as of June 29, 2017.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. Please look at the bottom of this page for the last updated date.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

• In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
• You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
• Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
• Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
• Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
• You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
• We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
  • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  • Contains any type of unauthorized or unsolicited advertising;
  • Impersonates any person or entity, including any https://www.prostatebattle.com employees or representatives.

  We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

• We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Phytage Labs LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
• You agree to indemnify and hold harmless Phytage Labs LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

PRIVACY

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available.” This means that we do not represent or warrant to you that:

• The use of our Resources will meet your needs or requirements.
• The use of our Resources will be uninterrupted, timely, secure or free from errors.
• The information obtained by using our Resources will be accurate or reliable.
• Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

• Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
• No information or advice, whether expressed, implied, oral or written, obtained by you from Phytage Labs LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Phytage Labs LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. While Phytage Labs LLC strives to keep product orders consistent in ingredients and appearance, we do not guarantee our ability to do so, due to the potential need to pull products for the same order from different lot numbers, and other factors beyond our control.

Copyrights/Trademarks

All content and materials available on https://www.prostatebattle.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Phytage Labs LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Phytage Labs LLC

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by Phytage Labs LLC from our offices located in the state of NY, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of NY, by accessing our website, you agree that the statutes and laws of NY, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in NY, USA, you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Shipping & Returns (not applicable to resellers or distributors)

Orders are typically shipped out within 2-3 business days and received within 10-12 business days.  If you have any questions regarding your order status, you can call us at 1-800-822-5753 or email wecare@phytagesupport.com.

Guarantee (not applicable to resellers or distributors)

In order to claim a money-back guarantee, contact customer service by phone and obtain an RMA (Return Merchandise Authorization) number to place on your package. Write the RMA number on the outside of the shipping package, and return the bottle(s), whether empty or containing any remaining portion of the product, back to our fulfillment center within ninety-seven (97) days from the date your order was delivered, for a full refund. You pay for return shipping. Any money back guarantees claim received by us more than ninety-seven (97) days after the date the products were delivered will not be accepted. Once our fulfillment center has received the package and relayed the correct information to us, you will be issued a refund. Your refund will be credited back to your bank account, and may take up to 3-5 business days to show in your statement, depending on the speed of the processing bank.

UNLESS OTHERWISE EXPRESSED, Phytage Labs LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Resellers/Distributors

Inquire for PhytAge Reseller/Distribution Program opportunities.

Contact Information

If you have any questions or comments about these Terms of Service as outlined above, you can contact us at:

Mailing Address:
1732 1st Avenue #28568
New York, NY 10128
USA

Returns Address:
Phytage Labs LLC
37 Inverness Drive East, Suite 100
Englewood, CO 80112

Your credit card statement will read a charge from PhytAge Labs, LLC.

Billing: Your credit card statement will contain "PhytAgeLabs", and if you have any questions about your credit card statement you can call us at 1-800-822-5753 or email wecare@phytagesupport.com

Details on our optional "savings" program:

By selecting 30-day Autoship Program, you agree that you will be shipped 1 bottle of Prostate 911 and charged $62.96 – a 10% discount. Then, unless you call to cancel, every 30 days, we will send another 1 bottle of Prostate 911 billed to your same credit card at the same price of $62.96. You can stay on the program as long as you want and cancel at any time by calling customer service at (800)822-5753

By selecting 60-day Autoship Program, you agree that you will be shipped 2 bottles of Prostate 911 and charged $107.91 – a 10% discount. Then, unless you call to cancel, every 60 days, we will send another 2 bottles of Prostate 911 billed to your same credit card at the same price of $107.91. You can stay on the program as long as you want and cancel at any time by calling customer service at (800)822-5753

Optional recurring program lasts no longer than 12 months.