Agreement to These Terms
These Website Terms and Conditions ("Terms") govern your access to and use of the website located at www.protritionlabs.com and any related content, features, and services made available through it (collectively, the "Site"), operated by Protrition Labs LLC ("Protrition," "we," "us," or "our"), a New York limited liability company.
Please read these Terms carefully before using the Site. By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Site.
If you use the Site on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to both you and that entity.
No Reliance. You acknowledge and agree that you have not relied upon any statement, representation, warranty, estimate, forecast, projection, specification, product description, marketing material, website content, or other information made available through the Site in entering into any transaction with Protrition. Any binding obligations of Protrition shall arise solely under a separate written agreement executed by authorized representatives of the parties.
If Customer purchases products or services through the Site, such purchases shall be governed by Protrition's Terms of Sale and any applicable written agreement. In the event of a conflict between these Terms and any Terms of Sale or written manufacturing agreement, the applicable Terms of Sale or written agreement shall control.
Who May Use the Site
The Site is intended for businesses and professionals and for use by individuals who are at least 18 years old. By using the Site, you represent that you are at least 18 years old and capable of forming a binding contract.
Protrition does not provide regulatory consulting services through the Site. Any references to FDA requirements, GMP compliance, labeling requirements, structure/function claims, dietary supplement regulations, food regulations, cosmetic regulations, or other regulatory matters are informational only and should not be relied upon as regulatory advice.
Changes to the Terms and the Site
We may revise these Terms at any time by posting an updated version on the Site and updating the "Last Updated" date. Changes are effective when posted. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. We recommend that you review these Terms each time you use the Site.
We may also change, suspend, or discontinue any aspect of the Site at any time, including the availability of any feature or content, without notice or liability.
Informational Purpose; No Professional Advice
The Site and its content are provided for general informational purposes about Protrition and our contract-manufacturing services. Nothing on the Site constitutes medical, health, nutritional, regulatory, legal, or other professional advice, and nothing on the Site should be relied upon as such.
Statements on the Site regarding ingredients, formulations, manufacturing capabilities, certifications, quality systems, product concepts, scientific research, production processes, regulatory matters, or potential product attributes are provided solely for general informational purposes and should not be interpreted as legal, regulatory, scientific, medical, or commercial advice.
Unless expressly stated otherwise, statements appearing on the Site have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Protrition does not represent or warrant that any ingredient, formulation, product concept, manufacturing process, specification, label, claim, marketing statement, or finished product described on the Site complies with the laws or regulations of any particular jurisdiction. Customers remain solely responsible for conducting their own legal, regulatory, scientific, safety, labeling, advertising, substantiation, and claims reviews and for ensuring compliance with all applicable laws, regulations, guidance documents, and industry standards.
Any references to certifications, quality systems, testing programs, manufacturing capabilities, production capacities, lead times, future developments, expansion plans, ingredient availability, or anticipated outcomes are subject to change without notice and should not be relied upon as guarantees or commitments.
If you discover a security vulnerability affecting the Site, you agree to report it responsibly to Protrition and refrain from public disclosure until Protrition has had a reasonable opportunity to investigate and remediate the issue.
Forward-Looking Statements. Certain information contained on the Site may constitute forward-looking statements regarding anticipated manufacturing capabilities, production capacity, ingredient availability, product development initiatives, research activities, certifications, business plans, market opportunities, expansion projects, technologies, services, or future events. Such statements are based on current expectations and assumptions and are subject to risks and uncertainties. Actual results may differ materially from those expressed or implied by such statements. Protrition undertakes no obligation to update any forward-looking statement appearing on the Site.
Quote Requests and Inquiries
The Site may allow you to submit quote requests, contact forms, or other inquiries. Submitting an inquiry does not create any contract, obligation, or commitment by either party. Any proposal, quote, or estimate we provide is non-binding and for discussion purposes unless and until reduced to a separate written agreement signed by authorized representatives of both parties (or accepted through the customer ordering portal under the Terms of Sale). Pricing, availability, lead times, and specifications are subject to change.
Unless otherwise governed by a separate written confidentiality agreement, submissions through the Site are treated as provided in Section 8.
References on the Site to manufacturing capabilities, production equipment, ingredient sourcing, certifications, technologies, formulations, quality systems, production capacity, or services do not constitute an offer, promise, or commitment by Protrition to manufacture any product or provide any service. All manufacturing services are subject to technical review, feasibility assessment, capacity availability, regulatory considerations, commercial acceptance, and execution of a separate written agreement. Past projects, case studies, product examples, ingredient examples, prototype formulations, or illustrative concepts presented on the Site are provided for informational purposes only and do not constitute an offer or commitment to manufacture similar products.
Customers remain solely responsible for product design, ingredient selection, formulation decisions, regulatory compliance, claims substantiation, product labeling, advertising, marketing materials, intellectual property clearance, product safety assessments, and compliance with all applicable laws and regulations.
Intellectual Property Rights
The Site and all content on it — including text, graphics, logos, images, photographs, video, audio, software, page layout, and the selection and arrangement of content (collectively, the "Content") — are owned by Protrition or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.
Without limiting the foregoing, product specifications, technical information, manufacturing methods, formulations, ingredient combinations, process descriptions, quality-control methodologies, testing protocols, validation procedures, manufacturing know-how, scientific content, research materials, and related business information appearing on the Site may constitute proprietary intellectual property and valuable trade secrets of Protrition and/or its licensors and are protected by applicable law.
Such proprietary information may include, without limitation, formulations, ingredient combinations, specifications, sourcing information, supplier relationships, manufacturing workflows, production methodologies, standard operating procedures, quality systems, testing methodologies, pricing structures, business processes, operational data, and other confidential or trade secret information protected under applicable law.
You acknowledge that unauthorized use of the Site or Content may cause irreparable harm, for which monetary damage may be inadequate. Accordingly, Protrition shall be entitled to seek temporary, preliminary, and permanent injunctive relief, specific performance, and other equitable remedies without the necessity of posting bond or proving actual damages. Nothing in these Terms limits Protrition's right to seek equitable relief as provided in Section 15.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and to view, download, and print Content solely for your internal business evaluation of our Services, provided you retain all proprietary notices. You may not otherwise copy, reproduce, republish, distribute, modify, create derivative works from, publicly display, frame, scrape, or exploit any Content without our prior written consent.
"Protrition," the Protrition logo, and other Protrition names and marks are trademarks of Protrition. You may not use them without our prior written permission. All rights not expressly granted are reserved.
Copyright complaints. We respect the intellectual property rights of others. If you believe that content on the Site infringes your copyright, please send a written notice to us at the contact in Section 17 that includes: a description of the work you claim is infringed; the location of the allegedly infringing material on the Site; your contact information; a statement that you have a good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act on the rights holder's behalf.
Acceptable Use
You agree not to use the Site to, and not to permit or assist anyone else to:
- Violate any applicable law, regulation, or third-party right;
- Introduce viruses, malware, or other harmful code, or otherwise interfere with the operation, security, or integrity of the Site or any connected system or network;
- Attempt to gain unauthorized access to the Site, any server, or any account, system, or data;
- Conduct any denial-of-service or distributed denial-of-service attack;
- Use any robot, spider, scraper, crawler, or other automated means to access or collect data from the Site without our prior written permission;
- Reverse engineer, decompile, or attempt to derive source code from any part of the Site, except as permitted by law;
- Impersonate any person or entity, or misrepresent your affiliation; or
- Use the Site in any manner that could damage, disable, overburden, or impair it.
We may investigate and take appropriate action against anyone who, in our sole discretion, violates this Section, including removing content, suspending or terminating access, and reporting to and cooperating with law enforcement authorities.
You further agree not to:
• Use artificial intelligence systems, machine-learning systems, large language models, automated extraction tools, or similar technologies to scrape, harvest, copy, analyze, reproduce, or create derivative datasets from the Site or Content;
• Use any Site content, data, documentation, images, specifications, technical materials, or other information for the training, fine-tuning, evaluation, benchmarking, testing, validation, or development of artificial intelligence, machine learning, or large language model systems;
• Use the Site or Content for competitive analysis, benchmarking, competitive intelligence gathering, supplier sourcing analysis, manufacturing replication, reverse engineering of business processes, or development of competing products or services;
• Access or attempt to access non-public portions of the Site, customer portals, databases, APIs, file repositories, or internal systems;
• Circumvent, disable, defeat, or otherwise interfere with any security-related feature of the Site.
Protrition reserves the right, but not the obligation, to monitor use of the Site for security, compliance, operational, legal, regulatory, investigative, and business purposes. We may investigate suspected violations of these Terms and cooperate fully with law enforcement agencies, regulatory authorities, courts, and other governmental bodies.
Protrition may collect, review, preserve, monitor, and disclose information regarding Site access, user activity, account usage, network traffic, and system interactions for security, operational, legal, regulatory, investigative, auditing, compliance, and business purposes.
User Submissions
Except to the extent expressly governed by a separate written confidentiality agreement, non-disclosure agreement, manufacturing agreement, development agreement, or other written contract executed by authorized representatives of both parties, any content, ideas, suggestions, feedback, comments, recommendations, concepts, proposals, business information, or other materials submitted through the Site shall be deemed non-confidential and non-proprietary.
You represent that you have the right to provide such materials and that they do not infringe or violate any third-party right or any law. Please do not send us confidential or proprietary information through public Site features; confidential information should be exchanged only under a signed non-disclosure agreement.
Customer Accounts and Portal Access
Certain portions of the Site may permit access to customer portals, ordering systems, project-management platforms, document repositories, specification databases, or other restricted services ("Portal Services").
You are responsible for maintaining the confidentiality of all usernames, passwords, authentication credentials, and account information associated with your account.
You are solely responsible for all activity occurring under your account, whether authorized by you or not.
You must notify Protrition immediately of any actual or suspected unauthorized access, security breach, or misuse of your account.
Protrition may suspend, restrict, disable, or terminate account access at any time in its sole discretion.
Portal Services may be subject to additional terms, conditions, policies, or agreements.
Protrition retains ownership of all aggregated, anonymized, statistical, benchmarking, operational, analytical, and performance data generated through operation of the Site and Portal Services, provided such data does not identify any individual customer or disclose confidential customer information.
Third-Party Links and Content
The Site may contain links to third-party websites, content, or resources, and may display content provided by third parties. We do not control and are not responsible for third-party sites or content, and the inclusion of any link does not imply our endorsement. Your use of third-party sites and content is at your own risk and subject to the third party's terms and policies.
Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, PROTRITION DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, OR CURRENT. ANY MATERIAL OBTAINED THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR DATA.
This Section does not affect any warranty given in a separate written agreement governing the supply of goods or services. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
WITHOUT LIMITING THE FOREGOING, PROTRITION MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SUITABILITY, COMMERCIAL VIABILITY, REGULATORY STATUS, MARKETABILITY, SAFETY, PERFORMANCE, FUNCTIONALITY, AVAILABILITY, OR LEGAL COMPLIANCE OF ANY INGREDIENT, FORMULATION, PRODUCT CONCEPT, MANUFACTURING PROCESS, OR OTHER INFORMATION DESCRIBED ON THE SITE.
Protrition makes no representation or warranty that any product concept, formulation, ingredient combination, claim, label, or marketing statement will be accepted by any regulatory authority or suitable for commercial distribution.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROTRITION OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
The limitations and exclusions of liability set forth in this Section shall apply regardless of the form of action and shall survive any failure of an exclusive or limited remedy to achieve its essential purpose.
Nothing in these Terms limits liability that cannot be limited under applicable law. This Section does not govern liability arising under a separate written agreement for the supply of goods or services, which will be governed by that agreement. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
WITHOUT LIMITING THE FOREGOING, PROTRITION SHALL NOT BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO PRODUCT DEVELOPMENT DECISIONS, REGULATORY DECISIONS, LABELING DECISIONS, CLAIM SUBSTANTIATION, PRODUCT RECALLS, MARKET WITHDRAWALS, ADVERSE EVENT REPORTING, OR CUSTOMER RELIANCE ON INFORMATION PRESENTED THROUGH THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE.
In no event shall Protrition be liable for any lost market opportunity, failed product launch, loss of anticipated savings, loss of business relationships, loss of investment, or diminution in value.
Indemnification
You agree to defend, indemnify, and hold harmless Protrition and its members, managers, officers, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees, expert witness fees, consulting fees, court costs, investigation expenses, settlement amounts, and other costs of defense)
arising out of or relating to your violation of these Terms, your misuse of the Site, or your violation of any law or third-party right.
Termination
We may suspend or terminate your access to the Site at any time, with or without cause or notice. Upon termination, the licenses granted to you under these Terms will end, and you must cease using the Site and destroy any downloaded Content. Sections that by their nature should survive termination — including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law — will survive.
Governing Law and Dispute Resolution
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of New York, without regard to its conflict-of-laws principles.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Site shall be resolved exclusively by binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitration shall be conducted in Suffolk County, New York. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
To the fullest extent permitted by law, all disputes shall be brought solely in an individual capacity and not as a plaintiff or class member in any purported class action, collective action, representative action, private attorney general action, or similar proceeding.
Notwithstanding the foregoing, Protrition may seek temporary, preliminary, or permanent injunctive relief, specific performance, or other equitable remedies in any court of competent jurisdiction to prevent actual or threatened violations of its intellectual property rights, trade secret rights, confidentiality obligations, data-security protections, or access restrictions.
Miscellaneous
Entire agreement. These Terms, together with the Privacy Policy and any other policies posted on the Site, constitute the entire agreement between you and Protrition regarding the Site, and supersede any prior understandings regarding the Site. Separate written manufacturing agreements, master service agreements, quality agreements, confidentiality agreements, supply agreements, purchase orders accepted by Protrition, customer portal terms, and Terms of Sale shall control over these Terms with respect to their subject matter. In the event of a conflict, the applicable written agreement shall govern.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
Electronic communications and consent. When you use the Site or send communications to us, you consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. To the extent applicable, you consent to the use of electronic records, electronic signatures, and electronic communications and agree that such records and signatures satisfy any legal requirement that communications or agreements be in writing.
Force majeure. We are not liable for any failure or delay in operating the Site caused by events beyond our reasonable control.
Time limit for claims. To the extent permitted by law, any claim or cause of action arising out of or relating to your use of the Site or these Terms must be filed within one (1) year after the claim or cause of action arose, or it is permanently barred.
No third-party beneficiaries. These Terms are for the benefit of you and Protrition only and do not create any rights in any third party.
Export controls and sanctions. You represent that you are not located in, and will not use the Site from, any jurisdiction subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list. You agree to comply with all applicable export-control and sanctions laws in connection with your use of the Site.
International access. The Site is controlled and operated from the United States and is intended for users in the United States. If you access the Site from elsewhere, you do so on your own initiative and are responsible for complying with applicable local laws.
Headings. Headings are for convenience only and do not affect interpretation.
Website Accessibility. Protrition is committed to improving the accessibility and usability of the Site. While we strive to enhance accessibility, we do not warrant that the Site will meet any particular accessibility standard at all times. Users experiencing accessibility issues may contact us using the information provided below.
Reservation of Rights. All rights not expressly granted herein are reserved by Protrition.
Privacy Law Savings Clause. Nothing in these Terms shall be construed to limit any rights that cannot be waived under applicable privacy, consumer protection, or data protection laws.
Contact Us
Questions about these Terms may be directed to:
Contact
Protrition Labs LLC
Attn: Legal Department
180 Oser Avenue, Suite 200
Hauppauge, New York 11788
Email: privacy@protritionlabs.com
For notices relating to intellectual property matters, copyright complaints, security vulnerabilities, or legal claims, please include "LEGAL NOTICE" in the subject line.