Terms of Use

Acceptance of Terms

DefenAgePRO.com (this “Website”) and related services are provided subject to your compliance with these Terms of Use (the “Terms”) and the Privacy Policy of Progenitor Biologics, LLC, a Nevada limited liability company, as a wholly-owned subsidiary of Medicell Technologies LLC, a Nevada limited liability company (collectively, “DefenAge,” “Company,” “we,” “us,” or “our”), which is incorporated herein by reference. Please read the following information carefully. Your continued use of this Website will indicate your agreement to be bound by the Terms set forth below. Any access to the Website is at a user’s own risk. These Terms are subject to change at any time without prior notice. If you do not agree to be bound by the Terms, promptly exit this site.

These Terms contain a dispute-resolution clause. Please see the “Arbitration” section below. Your continued use of this Website following any change in these Terms or the Privacy Policy as posted on the Website shall constitute your continued agreement to be bound by the changed or amended Terms and the Privacy Policy.

Site Purpose and Informational Use Only

This Website is an informational resource for consumers interested in DefenAge PRO Exclusive skincare products. We do not sell products directly on this Website. DefenAge PRO Exclusive products are available exclusively through authorized healthcare providers. No e-commerce transactions, payment processing, or order fulfillment occurs on this Website.

The information provided on this Website, including product descriptions, ingredient information, and clinical study references, is for general informational purposes only. Nothing on this Website is intended to constitute or substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition or skincare concern.

Product Claims Disclaimer

Authorized Providers and Physician Finder

DefenAge PRO Exclusive products are sold exclusively through independently owned and operated medical practices, clinics, and aesthetic providers (“Authorized Providers”). This Website may direct you to Authorized Providers through our Physician Finder tool, product page links, or other calls to action. All such references are for informational convenience only.

Each Authorized Provider is an independent business. DefenAge does not own, operate, control, or supervise any Authorized Provider. Listing on this Website or in the Physician Finder does not constitute an endorsement, recommendation, or referral by DefenAge of any specific provider, practice, or medical professional. DefenAge makes no representations or warranties regarding the qualifications, competence, services, pricing, business practices, or conduct of any Authorized Provider.

Any transaction you enter into with an Authorized Provider — including the purchase of products, scheduling of treatments, or receipt of medical advice — is solely between you and that provider. DefenAge is not a party to and assumes no responsibility or liability for any such transaction, including but not limited to product pricing, availability, payment terms, returns, refunds, or the quality of services or advice rendered. Any disputes arising from your relationship with an Authorized Provider must be resolved directly with that provider.

DefenAge reserves the right to add or remove providers from the Physician Finder at any time, for any reason, without notice.

Restrictions on Use

All pages within this Website and any material made available for download are the property of DefenAge and/or its affiliates. The Website is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of DefenAge. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms are reserved by DefenAge.

By using this Website, you acknowledge that the Website contains information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms. You may not modify, remove, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on this Website.

Trademark Notice

DefenAge®, Age-Repair Defensins®, and all related Company logos, trademarks, and service marks are the sole property of Progenitor Biologics, LLC. All other trademarks, service marks, and logos used on this Website are the trademarks, service marks, or logos of their respective owners. The use of other marks does not imply endorsement, affiliation with, or sponsorship by their respective owners. Nothing contained on this Website should be construed as granting any license or right to use any trademark displayed on the Website without the written permission of its respective owner.

DefenAge’s intellectual property is protected by multiple issued and pending patents. For details, see our Patents & Trademarks page.

Website Warranty Disclaimer

This Website, including any content or information contained within it or any Website-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You assume total responsibility and risk for your use of this Website, Website-related services, and hyperlinked websites.

DefenAge, its affiliates, and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the Website, Website-related services, content or information contained within the Website, and/or any hyperlinked website. Your sole remedy for dissatisfaction with the Website, Website-related services, and/or hyperlinked websites is to stop using the Website and/or those services.

While DefenAge attempts to monitor the integrity and accuracy of the Website, it makes no representation or guarantee whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform DefenAge so that it can be corrected. Information contained on the Website may be changed or updated without notice.

We reserve the right to perform emergency maintenance or updates on the Website without prior notice when necessary to ensure the security, stability, or proper functioning of the system. Such emergency maintenance may result in temporary interruptions of service.

Limitation of Liability

To the maximum extent permitted by applicable law, DefenAge and its affiliates do not accept or assume liability for any use of this Website or reliance on any information contained herein, including without limitation, liability for lost profits, loss of business, or any indirect, incidental, special, consequential, or punitive damages. In no event will DefenAge or its officers, directors, subsidiaries, affiliates, employees, or agents be liable to any party for any damages arising from or relating to use of this Website, even if advised of the possibility of such damages.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply. Notwithstanding the foregoing, to the extent that California’s consumer protection laws apply in any matter and prevent disclaimer, the implied warranties required thereby are not disclaimed but are limited in duration to the minimum period permitted by applicable law.

Proprietary Information

DefenAge does not want to receive proprietary information from you through the Website. By sending DefenAge any proprietary information or material, you grant DefenAge, to the maximum extent permitted by law, a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute that information or material, and you also agree that DefenAge is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

Links to Other Sites

DefenAge makes no representations whatsoever about any other website that you may access through this Website. When you access a non-DefenAge website, please understand that it is independent from DefenAge, and that DefenAge has no control over the content on that website. In addition, a hyperlink to a non-DefenAge website does not mean that DefenAge endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

No Unlawful or Prohibited Purpose

As a condition of your use of this Website, you warrant to DefenAge that you will not use the Website for any purpose that is unlawful or prohibited by these Terms.

Personal Information

We collect the personal data provided by you as described in our Privacy Policy. Please visit our Privacy Policy for more information. This Website is not intended for children under eighteen (18) years of age.

Choice of Law and Venue

These Terms are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms submits to binding arbitration, as set forth in the Arbitration section below, in the County of San Diego in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such arbitration, or for an action to compel arbitration and provisional remedies in aid of arbitration, filed in state and Federal Courts in San Diego County, California. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Arbitration and Dispute Resolution

We are ready and willing to assist you and address any concerns or problems you may have with our Website. If we are unable to resolve your issues, problems, or concerns, you are unconditionally agreeing that any and all disputes, claims, or controversies, arising out of, or relating to your access or use of our Website, or these Terms, or the Privacy Policy, will be resolved entirely through binding arbitration, before a single retired judge, in San Diego County, California, but where either or both parties may participate via videoconference or telephone. In an arbitration, there is no judge or jury, no class actions, and a court’s ability to review an arbitration award is limited. An arbitrator can award the same damages, on an individual basis, as you could obtain in court, including injunctive and declaratory relief or statutory damages.

The binding arbitration shall be administered by JAMS. With respect to procedure, the arbitrator shall be required to apply and follow the Federal Arbitration Act (“FAA”), and, where not in conflict with the FAA, the arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures not in conflict with the JAMS Consumer Arbitration Minimum Standards, and consistent with the Choice of Law clause above. Pursuant to the JAMS Consumer Arbitration Minimum Standards, if you initiate arbitration against Company, your filing fee shall not exceed $250; Company shall bear all remaining JAMS filing fees, case management fees, and arbitrator compensation.

The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. You may also assert individual claims in small claims court if your claims otherwise qualify.

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to us at 5850 El Camino Real, Suite 106, Carlsbad, CA 92008, with a copy to our registered agent of record with the Secretary of State for the State of California. You can contact JAMS at jamsadr.com or 1-800-352-5267 to find out more information on how to begin an arbitration proceeding.

We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative, or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

No claim submitted to arbitration is heard by a jury. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against DefenAge and may not preside over any kind of representative or class proceeding against DefenAge, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interest, successors, and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.

In using this Website, you are agreeing that your rights, including the right to maintain an action in court, the right to a jury trial, and the right to participate in any form of class or representative claim or action have been modified as set forth above, consistent with the Federal Arbitration Act. You are also agreeing that your right to engage in discovery may be limited as provided by the JAMS Rules and the Federal Arbitration Act.

Indemnification

You agree to defend, indemnify, and hold harmless DefenAge and its affiliates, as well as any directors, officers, employees, shareholders, agents, owners, licensors, licensees, subsidiaries, assigns, and affiliated companies against all claims, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of a breach of these Terms and the Privacy Policy by you and/or your activities in connection with this Website or any services related to this Website. Our Company may participate in the defense of any claim in its sole discretion.

No Waiver

No waiver or delay in enforcing any provision or any breach of these Terms or the Privacy Policy by DefenAge shall be deemed a waiver of any other provision or breach of the same or any other provision.

Severability

If any provision in these Terms or the Privacy Policy is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

Complete Agreement

These Terms and Privacy Policy contain the entire agreement between you and our Company with respect to this Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. In its sole discretion, DefenAge may modify these Terms by posting the revised version on this Website. You agree that each visit by you to this Website is a new transaction governed by the Terms linked on this Website at that time.

Contact Us

If you have any questions about these Terms, please contact us: