PROGENE

PROGENE SUBSCRIPTION PLAN TERMS & CONDITIONS

Program Benefits
Progene Subscribers receive an introductory Sample of Progene for only the cost of shipping and handling. Continued subscription beyond the initial 14-day trial period provides the following benefits:

• The convenience of automatic subscription refills every two months
• Discounts off standard pricing with each subscription refill
• We cover shipping & handling (up to $10 value) after 3 refills
• Special offers from Progene or their partners

Conditions
You must pay electronically to enroll in a Progene subscription. There is a limit of one Progene Subscription per household, person, or credit card. We reserve the right to accept or refuse subscriber participation at our discretion.

Subscription Billing
The bimonthly cost of product beyond the initial trial period is $89.95 + $9.95 s/h. After the third refill the shipping and handling fee is waived. These costs and fees are non-refundable except as expressly set forth in these Terms. YOU UNDERSTAND YOUR PROGENE SUBSCRIPTION IS A RECURRING CHARGE. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AFTER THE 14 DAY TRIAL STARTING FROM THE DATE OF INITIAL PURCHASE AND EVERY 60 DAYS THEREAFTER. YOU AUTHORIZE US TO CHARGE TO YOUR CREDIT OR DEBIT CARD (WITHOUT NOTICE TO YOU) THE APPLICABLE PRODUCT COST AND SHIPPING FEE, UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION.

Agreement Changes
We may in our discretion change these Terms without notice to you. However, any increase in product pricing will not apply to subscribers established prior to the increase. YOUR CONTINUED SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.

Termination by Us
We may terminate your subscription at our discretion without notice.

Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGENE SUBSCRIPTION PLAN. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MONTHLY SUBSCRIPTION FEE YOU PAID. IN ADDITION TO PARTICIPATION IN PROGENE’S SUBSCRIPTION PLAN, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS SITE, PRODUCT, SERVICE OR TERMS OF SERVICE MUST BE ASSERTED INDIVIDUALLY AND NEITHER YOU OR PROGENE HAS THE RIGHT TO ACT AS A CLASS REPRESENTATIVE OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR SUBSCRIPTION. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.