We reserve the right to change this User Agreement from time to time without prior notice. Such changes shall be effective upon notice thereof on our Website. Your continued use of this Website or any of the Resources after such modifications will constitute your acceptance of the User Agreement, as modified.
Responsible Use and Conduct of Resources;
By visiting, accessing, and/or using our Website, mobile apps, social networking sites, and other Biotics-sponsored sites, as well as open communication tools made available by Biotics to User, e.g., blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, including, but not limited to, Biotics’ responses or other Biotics’ communications to Users, (hereafter collectively referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (I) the terms of this User Agreement, and (II) applicable local, state and national laws and regulations.
Wherein, you agree 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 represent and warrant that all information you provide will always be accurate, correct, and current; that you are thirteen (13) years of age or older; and that your use of the Resources does not violate any applicable laws. Your User Account may be deleted without warning if we have reason to believe that you do not meet these eligibility requirements.
You are responsible for maintaining the confidentiality of your login or User name and password associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s). Parental control protections for computers and mobile devices are commercially available to assist you in limiting Internet access to minors and other unauthorized users of your devices. Information about protecting children online is available at:http://www.onguardonline.gov/topics/protect-kids-online
Accessing (or attempting to access) any of our Resources by any means other than through the means we provide and through your User account is strictly prohibited. You shall not access (or attempt to access) any of our Resources through the login or User name or password of another User, or through any automated, unethical or unconventional means, including, but not limited to, any third-party APIs, software, tools or scripts. You shall not permit anyone else to access (or attempt to access) any of our Resources through your login or User name or password. You agree to notify us immediately if you suspect any unauthorized use of your login or User name or password to access the Resources. You may not have more than one login or User name, without the express written consent of Biotics in Biotics’ sole discretion.
Engaging in any activity that disables, overburdens, impairs, disrupts, or interferes with Biotics’ Resources or with any other party’s use and enjoyment of our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
Attempting to copy, duplicate, reproduce, reverse engineer, decompile, sell, trade, distribute, transmit, publish, resell, modify, license, create derivative works from, any of our Resources (other than User Content owned by the particular User, Content that is in the public domain, Content for which the particular User has been given written is strictly prohibited. Using a User Account or accessing Resources to promote a product or service is prohibited. Users who engage in prohibited conduct are subject to deletion of their User Accounts without warning in Biotics’ sole discretion.
You are solely responsible for any consequences, losses, or damages that Biotics may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and you may as a result of such unauthorized activities also be subject to criminal or civil liability.
Biotics may provide various open communication tools on its Website, mobile apps, and social media sites, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You acknowledge that, generally, Biotics does 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 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, transmit, or otherwise distribute Content that:
a. is illegal, threatening, defamatory, abusive, harassing, degrading, offensive, intimidating, fraudulent, deceptive, invasive, racist, bigoted, hateful, or contains any type of sexually suggestive, pornographic, inappropriate, or explicit language or images;
b. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
c. contains any junk mail, chain letters, unsolicited mass mailing, spamming, unauthorized or unsolicited advertising;
d. is false or misleading;
e. impersonates any person or entity, including, without limitation, any Biotics employees or representatives;
f. contains any virues, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware, or other harmful code;
g. promotes another’s product or service; and/or
h. violates any applicable laws.
(Hereafter 7(a) through (i) are referred to as “Prohibited Content”).
Biotics reserves the right to remove any Prohibited Content that in its sole discretion does not comply with this User Agreement, or any Content that it deems offensive, threatening, harmful, objectionable, inaccurate, or violative of any 3rd party’s copyrights or trademarks. Biotics further reserves the right to terminate any User Account used to post, host or recommend Prohibited Content in any open communication tools of Biotics and the Resources. Biotics is not responsible for any delay or failure in removing such Content or in terminating such User Account. If you post Content that Biotics chooses to remove, you hereby consent to such removal and User Account termination, and hereby waive all claims against Biotics related thereto.
10. You agree to indemnify and hold harmless Biotics and its shareholders and affiliates, and their respective directors, officers, managers, employees, agents, and licensors, from and against all claims, losses, damages and costs, including but not limited to reasonable attorneys’ fees and costs, arising out of or in any way related to, directly or indirectly, your access to, use or misuse of the Resources and/or the Content; and/or arising out of or in any way related to, directly or indirectly, a breach of this User Agreement, or the failure to fulfill any obligations relating to your User Account whether committed by you or another person using your User Account. Biotics reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under this User Agreement, at your expense. In such event, at your cost, you shall provide Biotics with such cooperation as Biotics reasonably requests.
DISCLAIMER OF WARRANTIES
By using our Website, you understand and agree that all Resources Biotics provides are “as is” and “as available.” BIOTICS DOES NOT REPRESENT OR WARRANT TO YOU THAT, AND HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND LIABILITIES THAT:
THE USE OF THE RESOURCES WILL MEET YOUR NEEDS OR REQUIREMENTS, OR THAT THE CONTENT AND RESOURCES ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.
THE USE OF THE RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS.
THE INFORMATION OBTAINED BY USING THE RESOURCES WILL BE ACCURATE OR RELIABLE.
THE CONTENT IS NON-INFRINGING OF PROPRIETARY RIGHTS OF OTHERS.
ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY RESOURCES BIOTICS PROVIDES WILL BE REPAIRED OR CORRECTED.
Furthermore, you understand and agree that:
a. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BIOTICS’ RESOURCES IS DONE AT YOUR OWN 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;
B. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM BIOTICS RESEARCH CORPORATION BY ANY MEANS IN ANY FORM OR THROUGH ANY RESOURCES BIOTICS PROVIDES SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY, GUARANTEE, OR OBLIGATIONS OF ANY KIND, EXCEPT FOR THOSE EXPRESSLY MADE TO USER HEREIN. UNLESS OTHERWISE EXPRESSLY STATED IN WRITING BY BIOTICS RESEARCH CORPORATION HEREIN, BIOTICS RESEARCH CORPORATION EXPRESSLY DISCLAIMS 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, WITH RESPECT TO THE CONTENT, THE RESOURCES, AND OTHERWISE.
Limitation of Liability
BIOTICS RESEARCH CORPORATION SHALL NOT BE LIABLE FOR, AND YOU HEREBY WAIVE, RELEASE, AND DISCHARGE BIOTICS OF AND FROM ALL CLAIMS FOR ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF ACCESSING, USING, DOWNLOADING AND/OR RELYING UPON BIOTICS’ RESOURCES AND/OR THE CONTENT THEREIN, OR AS A RESULT OF ANY CHANGES TO THE RESOURCES AND/OR CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO CLAIMS OF DAMAGES FOR DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME, TO THE FULL EXTENT THAT SUCH LIMITATION OF LIABILITY IS VALID AND ENFORCEABLE. BIOTICS SHALL HAVE NO LIABILITY TO A USER FOR SUCH USER’S ACCESSING, USE, OR MISUSE OF OR RELIANCE UPON, THE CONTENT OR THE RESOURCES. BIOTICS SHALL HAVE NO LIABILITY FOR AND YOU FURTHER WAIVE, RELEASE, AND DISCHARGE BIOTICS OF AND FROM ALL CLAIMS DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM YOUR INTERACTION WITH ANY OTHER USERS AND ADVERTISERS (WHETHER IN THE PURCHASE OF PRODUCTS OR SERVICES OR OTHERWISE) AND/OR YOUR PARTICIPATION IN ANY OFF-LINE ACTIVITIES.
Intellectual Property - Copyrights/Trademarks
1. You acknowledge that Biotics owns all right, title and interest in and to the Resources, including all Intellectual Property Rights related to the Resources, other than User Content and Third-Party Content as defined herein. “Intellectual Property Rights” means any and all intellectual property rights existing under applicable law from time to time in any part of the world, including but not limited to patent law, copyright law, trademark law, trade secret law, unfair competition law. Biotics grants Users the non-exclusive license, revocable, non-transferable license to use the Resources to which access is hereby granted solely to the extent permitted by this User Agreement.
2. All content and materials available on our Website, http://www.bioticsresearch.com, and our Resources, including but not limited to text, graphics, Website name, code, images and logos, other than User Content and Third-Party Content as defined herein, are among the Intellectual Property Rights of Biotics Research Corporation, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, copying, trade, distribution, transmission, publishing, display, resale, modification, creating derivative works therefrom, licensing or attempted licensing, of any content on this Website is strictly prohibited and constitutes infringement and unfair competition as well as breach of contract, unless specifically authorized in writing by Biotics.
3. If any User believes that its, his or her work has been copied, posted or included within the Resources without a license and constitutes copyright or trademark infringement, such User shall provide Biotics’ Copyright Agent with the following information by a written and signed declaration made under penalty of perjury reciting: (i) the name and electronic or actual signature of the person authorized to act on behalf of the copyright owner or trademark owner, as the case may be, together with address, telephone number, and e-mail address, together with a copy of the Power of Attorney or Exclusive License Agreement granting such person the authority to so act; (ii) the name, address, telephone number, and e-mail address of the copyright or trademark owner as applicable; (iii) a description of the copyrighted work alleged to have been infringed, a copy of the copyright owner’s copyrighted work, and copy of the U.S. Copyright Registration, or trademark owner’s trademark and U.S. Trademark Registration, if any; (iv) the specific location of the allegedly infringing material among the Resources; (v) that the use of the material among the Resources by Biotics, a User, or third-party provider, is not authorized by the copyright (or trademark) owner, and that the signatory either is the copyright (or trademark) owner or is authorized by the copyright (or trademark) owner to give the notice and to seek removal of the copyrighted (or trademarked) work. Such written declaration under penalty of perjury shall be addressed and mailed by certified mail, return receipt requested, to:
Biotics Research Corporation
Attn: Copyright Agent
6801 Biotics Research Drive
Rosenberg, TX 77471
4. Biotics reserves the right to remove any content alleged to be infringing in Biotics’ sole discretion and without notice. Biotics may terminate User privileges and access to Resources of any User who is accused of copyright or trademark infringement.
1. “Content” means all postings, e-mails, texts, messages, files (in any application), photos, images, comments, questions, responses of all kind (e.g., e-mail, mobile app, social media), videos, sound, works of authorship, and materials of all kind for which a visual, audio, or digital representation may be accessed by authorized Users. The Resources contain different types of Content: Biotics Content, User Content, and Third-Party Content.
2. “Biotics Content” generally consists of Content that Biotics has placed on and within the Resources, including, but not limited to, its logo, trademarks and Intellectual Property Rights, always excluding User Content and Third Party Content.
3. “User Content” generally consists of Content that Users place on and within the Resources, by User comments, postings, or other features of the Resources that permit User’s to place Content on and within the Resources. By posting User Content, Users grant to Biotics a non-exclusive, fully paid, royalty-free, perpetual license (such license to survive termination of the User Agreement for any reason), with the unrestricted right to sublicense, to use, perform, display, copy, create derivate works from, and distribute such User Content or any part thereof in any and all media and any method of distribution globally or otherwise. User is solely responsible for User Content posted by such User on the Resources. User represents and warrants that such User: (a) owns the User Content posted, displayed, or published by User on the Resources or is licensed to use such User Content in the manner and by the method chosen by the User, (b) by posting, displaying, or publishing the User Content on the Resources does not and shall not violate the privacy rights, publicity rights, Intellectual Property Rights, or other rights of any other person or entity. Biotics does not filter, approve, or exercise control over User Content. BIOTICS DISCLAIMS LIABILITY FOR ALL USER CONTENT AND MAKES NO REPRESENTATION ABOUT THE ACCURACY, SUITABILITY, OR LEGALITY OF SUCH USER CONTENT. BIOTICS DISCLAIMS LIABILITY FOR USER CONTENT THAT CONTAINS OR DELIVERS VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS, CORRUPTED FILES, SPYWARE, MALWARE OR OTHER HARMFUL CONTENT OR CODE. USER IS SOLELY RESPONSIBLE FOR INSTALLING, MAINTAINING AND USING EFFECTIVE ANTI-VIRUS AND SPYWARE PREVENTION APPLICATIONS. USER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS BIOTICS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING FROM OR RELATED TO ALL USER CONTENT, AND/OR TO THE BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT BY USER HEREIN.
4. “Third-Party Content” generally consists of Content that other Users (from the viewpoint of a particular User), advertisers, and other third parties place on and within the Resources, by such Third-Party comments, postings, or other features of the Resources that permit Third Parties to place Content on and within the Resources. A particular User may be permitted to add such Third- Party Content to the Resources. Biotics does not filter, approve, or exercise control over Third-Party Content. Biotics may provide links in the Resources, and Users or others may post links, to third parties’ websites. You click a link to another website at your own risk. BIOTICS DISCLAIMS LIABILITY FOR ALL THIRD-PARTY CONTENT AND THIRD PARTY WEBSITES AND MAKES NO REPRESENTATION ABOUT THE ACCURACY, SUITABILITY, OR LEGALITY OF SUCH THIRD PARTY CONTENT OR THE CONTENT OF LINKED THIRD PARTY WEBSITES, WHICH BIOTICS DOES NOT ENDORSE OR RECOMMEND. BIOTICS DISCLAIMS LIABILITY FOR THIRD PARTY CONTENT OR LINKED WEBSITES THAT CONTAIN OR DELIVER VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS, CORRUPTED FILES, SPYWARE, MALWARE OR OTHER HARMFUL CONTENT OR CODE. USER IS SOLELY RESPONSIBLE FOR INSTALLING, MAINTAINING AND USING EFFECTIVE ANTI-VIRUS AND SPYWARE PREVENTION APPLICATIONS.
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 and Dispute Resolution
BY ACCESSING BIOTICS’ WEBSITE AND OTHER RESOURCES, YOU AGREE THAT THE LAWS OF THE STATE OF TEXAS IN THE UNITED STATES (BIOTICS’ PRINCIPAL PLACE OF BUSINESS AND PLACE OF INCORPORATION), WITHOUT REGARD TO THE CONFLICT OF LAWS RULES OF TEXAS OR ANY OTHER JURISDICTION, AND EXCLUDING APPLICATION OF THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, WILL APPLY TO ALL MATTERS RELATING TO OR ARISING FROM THIS USER AGREEMENT, ACCESS TO AND/OR THE USE OF THIS WEBSITE AND/OR BIOTICS’ RESOURCES.
ALL CLAIMS BY OR AGAINST BIOTICS RELATED TO OR ARISING FROM THIS USER AGREEMENT, ACCESS TO AND/OR USE OF THIS WEBSITE AND/OR THE BIOTICS’ RESOURCES, SHALL BE BROUGHT EXCLUSIVELY BY FINAL, BINDING, NON-APPEALABLE ARBITRATION CONDUCTED PURSUANT TO THE VERSION OF THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) THEN IN EFFECT, IN HOUSTON, TEXAS, BEFORE AN ARBITRATOR SELECTED PURSUANT TO SUCH RULES. ONLY INDIVIDUAL CLAIMS MAY BE PRESENTED AND NO CLASS ACTION CLAIMS MAY BE BROUGHT. YOU HEREBY AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION BY AND VENUE OF THE STATE COURTS IN FORT BEND COUNTY, TEXAS OR THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, HOUSTON DIVISION, FOR ALL MATTERS ANCILLARY TO THE ARBITRATION. YOU AND BIOTICS AGREE TO ACCEPT ALL DEMANDS FOR AAA ARBITRATION PURSUANT TO THIS PROVISION BY CERTIFIED OR REGISTERED MAIL RETURN RECEIPT OR BY INTERNATIONAL COURIER. ALL OBJECTIONS TO THE PERSONAL JURISDICTION, VENUE, OR FORUM, BASED ON CONVENIENCE OF THE PARTIES OR OTHEWISE, ARE HEREBY WAIVED. THE ARBITRATOR SHALL AWARD ATTORNEYS’ FEES AND COSTS (INCLUDING THE AAA AND ARBITRATOR’S FEES AND COSTS) TO THE PREVAILING PARTY. ARBITRAL AWARDS MAY BE ENFORCED BY ANY COURT OF COMPETENT JURISDICTION.
This is the entire agreement governing the User’s access to the Biotics’ Resources and to the Content thereon, and this agreement supersedes all prior understandings with respect thereto. This User Agreement can be modified only by Biotics’ posting an amendment thereto which states the effective date of the amendment. If any provision of the User Agreement is found to be invalid or unenforceable, it shall be deemed severed herefrom and the remaining terms shall continue in full force and effect. IF THE ARBITRATION CLAUSE IS DEEMED INVALID OR UNENFORCEABLE, THEN ALL CLAIMS BY OR AGAINST BIOTICS RELATED TO OR ARISING FROM THIS USER AGREEMENT, ACCESS TO AND/OR USE OF THIS WEBSITE AND/OR THE BIOTICS’ RESOURCES, SHALL BE BROUGHT EXCLUSIVELY IN THE STATE COURTS IN FORT BEND COUNTY, TEXAS OR THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, HOUSTON DIVISION; USER CONSENTS TO SUCH PERSONAL JURISDICTION AND VENUE, AND ALL OBJECTIONS TO SUCH PERSONAL JURISDICTION AND VENUE SHALL BE DEEMED WAIVED.
Disclaimer of Medical Advice
Biotics is a manufacturer and distributor of dietary and nutritional supplements. It is not a healthcare provider and does not give medical advice. Biotics does not sell dietary nutritional supplements directly to the general public. Biotics products are generally available for purchase by individuals only through licensed healthcare professionals and other authorized distributors. Consult your healthcare professional prior to using any dietary or nutritional supplement to insure that the supplement is appropriate for you based on your health, and is not contraindicated based on other medicines or supplements you may be taking.
If you have any questions or comments about the terms of this User Agreement, please contact Biotics at:
Biotics Research Corporation
6801 Biotics Research Dr.
Rosenberg, TX 77471
(281) 344-0909 Local telephone no.
(800) 231-5777 Toll-free no. in U.S.
This User Agreement is in effect as of October 1, 2013.