USE OF SOFTWARE: Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
USER CONTENT: You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS: When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
COPYRIGHT INFRINGEMENT: Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company's designated agent at:
BioMatrix International, LLC
603 East Carlson Street– Suite 301
Cheyenne, WY 82009
Telephone: (800) 570-2000 Facsimile: (800) 720-7239
NO WARRANTIES: COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AND THE INFORMATION CONTAINED IN THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. Company is not engaged in the business of rendering direct medical advice or related medical professional services. The Site and the Service should not be used in the diagnosis, treatment, cure, or prevention of any health problem or disease, nor should any of the information contained in the Site or through the Service be interpreted as advocating the self-management of your health or medical condition(s). The Site and the Service cannot replace the advice of a qualified healthcare provider, or be applied as a substitute for professional care. Any information contained in the Site or products available through the Service should only be administered upon the advice of your qualified healthcare provider. The information contained in the Site or the Service may not be current, accurate or complete. To the extent that Company provides contact and/or biographical information for healthcare providers through one or more of the following: external links, email addresses, and/or telephone numbers, any and all such contact and/or biographical information has been supplied to Company from such healthcare providers, Company has conducted no investigation or due diligence with respect to the accuracy or veracity of the same, Company’s provision of any such contact and/or biographical information is not an endorsement by Company of the information provided or the services rendered by any such healthcare provider(s), AND COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL RESPOSIBILITY OR LIABILITY OF ANY KIND OR NATURE WHATSOEVER IN CONNECTION WITH ANY SUCH INFORMATION PROVIDED AND/OR SERVICES PROMISED OR RENDERED BY ANY SUCH HEALTHCARE PROVIDERS(S). The U.S. Food and Drug Administration has not evaluated any of the information contained in the Site or the Service. Every individual is unique and will react differently to various herbal, vitamin and mineral supplements. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR ANY INFORMATION CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE, THE INFORMATION CONTAINED IN THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIABILITYCOMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE INFORMATION CONTAINED IN THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Site is for educational purposes only. Nothing in Site is intended to be used as medical advice. This website is not a substitution for medical care provided by a licensed medical doctor. Nothing in this website is intended to treat, diagnose, prevent or cure any medical condition. Your use of the Site is at your own risk. The information included therein is provided on an “as is” basis. We make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Site or information contained therein. In no event will we, our suppliers, or any third parties mentioned on Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or information contained therein, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our suppliers, or any third parties mentioned within the Site are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or any information contained therein.
PROHIBITED USES: Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
COPYRIGHT: All contents of Site or Service are: Copyright © 2010 BioMatrix International, LLC, 603 E. Carlson Street, Suite 301, Cheyenne, WY 82009. All rights reserved.
NO LICENSE: Nothing contained on the Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by Company or by any third party.
WYOMING USE ONLY. The Site is controlled and operated by Company from its offices in the State of Wyoming. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Wyoming.
BioMatrix International, LLC, along with Its affiliated websites, organizations, and subsidiaries (collectively referred to hereafter as “The Company”), has determined that Its interests are best served through the adoption of a minimum advertised price (“MAP”) policy. This MAP policy is designed to (1) protect reseller margins so that desirable pre-sales and post-sales services and infrastructure can be provided by our resellers, (2) support the BioMatrix brand as a premium offering; and (3) avoid destructive intra-brand conflict.
This policy has been unilaterally adopted and will be uniformly enforced. Policy Coverage
This MAP policy covers all resellers located in the United States. The Company will, without assuming any liability, unilaterally impose sanctions as described in this policy against resellers who advertise applicable Company products at prices below those specified herein. The Company will not discuss any conditions of acceptance related to this MAP policy, as it is non- negotiable, and will not be altered for any reseller. The Company neither solicits, nor will it accept, any assurance of compliance with this MAP policy. Nothing in this MAP policy or in any other contract or agreement with The Company shall constitute an agreement between The Company and reseller that the reseller will comply with this MAP policy.
MAP applies only to minimum advertised prices and does not apply to the price at which the products are actually sold, or to advertised prices higher than the unilateral minimum resale prices established by The Company from time to time.
Minimum Advertised Price
The current listing of products and applicable MAP prices are attached herewith. The products and MAP may be changed from time to time at the Company’s sole and absolute discretion. Resellers are responsible for remaining current with MAP policy, products and pricing.
Products not specifically identified in this policy are not subject to the MAP policy. Each advertisement below the MAP will be a violation of the policy.
The MAP policy applies to all advertisements of specific products in and all media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio and public signage.
In the event a reseller chooses not to follow The Company’s MAP policy, upon notice by the Company of a reseller’s third (3rd) violation of this policy, the reseller will no longer be eligible to purchase The Company’s product(s). The duration of ineligibility is indefinite.
The Company reserves the right at any time to modify, suspend, or discontinue the MAP policy in whole or in part or designate promotional periods during which the terms of the policy change or designate periods of time during which the policy is not applicable. Policy modifications shall be made available to resellers by The Company.
NO REPRESENTATIVE OF THE COMPANY HAS THE AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY. All questions or comments regarding this MAP policy are to be directed to the policy administrator at firstname.lastname@example.org. The policy administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to resellers regarding the policy, and receiving any communication regarding sanctions imposed under this policy.
Terms and Conditions of Sale
Company accepts payment via AMEX, Visa, MasterCard, and Discover.
Purchasers wishing to purchase for resale or under any other specific tax exemption are encouraged to contact Client Services for further information toll-free at (800) 570-2000.
In an effort to provide the lowest, most competitive shipping costs, Company ships exclusively via Federal Express, and shall do so in accordance with the level of priority you select, and the corresponding cost estimate calculated at the time of your order placement. Title to product(s) purchased passes from Company to you, F.O.B. point of origin. While Company will endeavor to provide all commercially reasonable assistance, you shall ultimately remain solely responsible for any losses or claims arising from product(s) lost or damaged in-transit.
You may return any item(s) purchased directly from BioMatrix International, LLC or an authorized reseller within (30) days of receipt for replacement or a refund of the purchase price, subject to the following conditions: (a) returns after (30) days will incur a restocking charge equal to 15% of your order total less shipping cost, (b) no returns will be accepted or refunds issued after (60) days, (c) Shipping costs will not be refunded, (d) items that require refrigeration are not eligible for return, (e) items must be returned unopened, (f) the item was purchased from BioMatrix International, LLC or an authorized reseller and (f) any item not in resalable condition will not be accepted for refund. In order to begin the return process, please contact us.
Any dispute as to the arbitrability of claims or the scope or enforceability of this arbitration provision, or as to the interpretation of paragraph (18)(e) below, is for the court to decide. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of the agreement between us.
(b) Starting the Dispute-Resolution Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to should be addressed to: General Counsel, "BioMatrix International, LLC 603 Carlson St. Suite 301, Cheyenne, Wyoming 82009 (“Notice Address”). The Notice must (a) provide Your mailing address, phone number, and account name (if any); (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). If BioMatrix and you do not reach an agreement to resolve the claim within 45 days after the Notice is received, You or BioMatrix may commence an arbitration proceeding with the American Arbitration Association (“AAA”).
(c) Costs of Arbitration. BioMatrix will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. The payment of those fees for any arbitration that You initiate will be governed by the AAA Rules. The filing fee currently is $125 for claims for up to $10,000 in damages, but is subject to change by the AAA. However, if you initiate an arbitration in accordance with the notice requirements of paragraph (18)(b) and are seeking relief valued at $300 or less (both to You and us), BioMatrix will pay all AAA filing, administration, and arbitrator fees. If your claim is for greater than $300 but less than $10,000, BioMatrix will pay all such fees in excess of $20. After BioMatrix receives notice at the Notice Address that You have commenced such an arbitration, BioMatrix will promptly reimburse you for any portion of the filing fee that you paid that BioMatrix has agreed to pay..
If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules, and You agree to reimburse us for any amounts we have paid on Your behalf to the AAA.
(d) Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by this arbitration provision. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another arbitration provider that the parties agree to or that the court selects.
Unless BioMatrix and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your residence at the time of the filing of the Demand. If you bring a claim for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
Arbitrators may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law.
Unless the parties agree otherwise, You and we must bring all directly related claims in a single arbitration proceeding. If You or we later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Although under some laws BioMatrix may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, BioMatrix agrees that it will not seek such an award unless You are represented by an attorney and the arbitrator has determined that Your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
(e) Prohibition of Class or Representative Actions and Non-Individualized Relief. YOU AND BIOMATRIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both You and BioMatrix agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief that a court could award, so long as the relief is individualized to the claimant and would not affect other BioMatrix users. Neither You nor we may seek non-individualized relief that would affect other BioMatrix users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(f) Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, we agree that if BioMatrix makes any future change to this arbitration provision (other than a change to the Notice Address, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.
If any clause in this contract is held by any court or third party neutral arbitrator to be invalid or illegal, all other clauses and provisions shall survive and remain executed and agreed upon.