Terms & Conditions
Bio-Identix® Terms and Conditions
This Agreement sets forth the legal terms and conditions of your use of the Bio-Identix website.
1. Acceptance of Terms
Bio-Identix, LLC, ("Bio-Identix" or "we", "us", "our") provides access to the Bio-Identix website, located at bio-identix.com, (the "website") subject to your acceptance of this website User Agreement ("Agreement"). BY USING THE BIO-IDENTIX.COM WEBSITE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you agree, click on the "I AGREE" button on the free membership enrollment page. If you click "I AGREE" without actually reading or printing this license agreement, you will nevertheless be legally bound. If you do not agree to be bound by the terms of this Agreement, you will not be able to proceed with the Bio-Identix registration process and become an Independent Bio-Identix Consultant or Retail Customer.
When using a particular feature of the website, you may also be subject to any posted guidelines, rules, terms of service, acceptable use policies, privacy policies, or other contractual provision as noted. Bio-Identix may update this Agreement from time to time without prior notice to you. We encourage you to review this Agreement periodically for any updates or changes.
2. Eligibility
You represent and warrant that you are at least 18 years old and are of sufficient legal age to use the website and to enter into the binding legal obligations you may incur as a result of use of the website. You agree to be financially responsible for any liability you may incur as a result of using the website.
3. Access and Passwords
As part of our registration process you selected a particular username and password. You agree that you are the only individual entitled to access the site using your username or password, and you agree not to permit others to access the site under your sign up information. You may not assign or otherwise transfer your account to any other person or entity. If you lose your username or password our system can quickly generate you a new one. Contact us at support@bio-identix.com or click the "forgot password" link on the login page.
4. Use of the Website
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. You understand that Bio-Identix cannot and does not guarantee or warrant that files available for downloading from the website will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to intercept or expropriate any system, data or personal information, or to damage, detrimentally interfere with any system. You are responsible for implementing sufficient firewalls, virus protections and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data.
5. Products
THE PRODUCTS ON THE SITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. INFORMATION AND STATEMENTS REGARDING PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. INFORMATION ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN PHYSICIAN OR OTHER MEDICAL PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION CONTAINED HEREIN FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE, OR PRESCRIBING ANY MEDICATION. YOU SHOULD READ CAREFULLY ALL PRODUCT PACKAGING. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT YOUR HEALTH CARE PROVIDER.
6. Online Conduct
Independent Bio-Identix Consultants and Customers agree that they are solely responsible for the content or information Independent Bio-Identix Consultants and Customers publish, post or display on the website, or transmit to other Independent Bio-Identix Consultants and Customers.
You agree to use the Service in a manner consistent with any and all applicable laws and regulations that you will not post any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. You agree that you will not post on the website, or transmit to other Independent Bio-Identix Consultants and Customers or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, comments, suggestions, photos, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please notify us of any material contained on the website that you believe infringes these rules by sending an email to support@bio-identix.com.
You will not engage in advertising to, or solicitation of, other Independent Bio-Identix Consultants and Customers to buy or sell any products or services through the website. You will not transmit any chain letters, spam or junk email to other Independent Bio-Identix Consultants and Customers.
You will not harvest or collect personal information about other Independent Bio-Identix Consultants and Customers whether or not for commercial purposes, without their express consent. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the website or its contents. You will not "frame" or "mirror" any part of the website, without our prior written authorization. You also shall not use metatags or code or other devices containing any reference to bio-identix.com or the website in order to direct any person to any other website for any purpose. You will not modify, adapt, sub-license, translate, sell, reverse engineer, decipher, de-compile or otherwise disassemble any portion of the website or any software used on or for the website or cause others to do so.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
We reserve the right to terminate or restrict your access to the website if, in our opinion, your use of the website may violate any laws, infringe upon another person's rights or violate the terms of this Agreement.
7. Links to Other websites
Bio-Identix expends great efforts to provide only high quality web resources that are valuable and appropriate. However, because Bio-Identix does not have control over the changing nature of content on sites that are listed in its links, Bio-Identix lists third party sites for use at the user's risk and explicitly disclaims any responsibility for the accuracy, content, or availability of information the resources may contain. Subsequently, Bio-Identix does not warrant or guarantee that information from a listed site will not contain material that is inaccurate, or which some individuals may deem inappropriate or objectionable.
8. Intellectual Property
The contents of the website, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content") is the property of Bio-Identix and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the website solely for your personal non-commercial use or your non-commercial use or as otherwise permitted in writing. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Bio-Identix, unless otherwise noted. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the website or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Bio-Identix.
Bio-Identix, the logo, and all product and service names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Bio-Identix, LLC, The use or misuse of any Marks or any other materials contained on the website, without the prior written permission of their owner, is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Bio-Identix or any third party.
ANY UNAUTHORISED USE OF ANY MATERIALS CONTAINED ON THIS WEBSITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, THE LAWS OF PRIVACY AND PUBLICITY, AND COMMUNICATIONS REGULATIONS AND STATUTES.
9. Limitation of Liability
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIO-IDENTIX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, BIO-IDENTIX DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS CURRENT, COMPLETE, OR ERROR-FREE. SOME STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EVONTIS, IT'S SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALY) BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO THE WEBSITE, THE COMMUNITY OR CONTENT, THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF BIO-IDENTIX SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMIT OF THE AGGREGATE LIABILITY OF EVONTIS FOR DIRECT DAMAGES SHALL NOT EXCEED ANY FEES YOU PAID FOR ACCESS TO BIO-IDENTIX.COM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN BIO-IDENTIXS’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
8. Account and Password
Online Purchases. If you are purchasing goods or services online for the first time, we will automatically route your information to an Independent Bio-Identix Consultant, who will supply you with an identification number which will enable Bio-Identix to process and ship your online order. In connection with any future orders, you will be asked to input your identification number.
You are solely responsible for all activities within your account under your password and Bio-Identix identification number. Your password should be treated with care and should not be disclosed to anyone. You cannot use your password or anyone else's password for any unauthorized purpose. You indemnify Bio-Identix and its staff from all claims and liabilities made by a third party resulting from all activities incurred within your account.
In consideration of your use of the website you agree to: (i) provide true, accurate, and current and complete information about yourself or your organization as prompted by the website (the "registration information"); and (ii) maintain and update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and decline to permit your continued use of the website and future access to the website.
9. Indemnification
You agree to indemnify, defend and hold Bio-Identix and its affiliates, subsidiaries officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the website, (ii) your use or purchase of services or goods provided through the website, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Bio-Identix's defense of any claim. Bio-Identix reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Bio-Identix.
10. Customer Product Guarantee
A money-back guarantee is offered on all Bio-Identix Products. Customers who are not completely satisfied may return products to Bio-Identix for a replacement or full refund within 30 days from the purchase date (not including shipping charges). Please refer to our return policy for complete details.
11. Confidentiality
For Independent Bio-Identix Consultants, your user license includes a revocable right to access and use certain trade secret, confidential, and proprietary business information, which includes, without limitation, genealogy information, i.e., information compiled by Bio-Identix that discloses or relates to all or part of the downline or upline within the Independent Bio-Identix Consultants 's sales organization, including, without limitation, Independent Bio-Identix Consultant lists, and all Independent Bio-Identix Consultant contact and business performance information. You acknowledge that Bio-Identix is the exclusive owner of all such confidential information and agree to maintain all confidential information in strictest confidence and to use it only as authorized by Bio-Identix. You agree not to compile, organize, access, create lists of, or otherwise use confidential information except as authorized by Bio-Identix under the Independent Bio-Identix Consultant Policies and Procedures, as amended.
12. Linking and Framing Policy
This website may contain links to other websites operated by third parties. The linked sites are not under our control and we are not responsible for their content. Such links do not imply our endorsement or guarantee of the products, information, or recommendations provided by any third party site. The third party site may have a privacy policy different from ours and may provide less security than this website. We disclaim all liability with regard to your access to such linked websites. We provide links to other sites as a service to users, and access to any other sites linked to this website is at your own risk.
Unless you have a written agreement in effect with Bio-Identix that states otherwise, you may only provide a hyperlink to the website on another website only if the link is a text-only link clearly marked " Bio-Identix " or " Bio-Identix.com," and the link is directed to the URL http:// Bio-Identix.com and not to other pages within the website. In addition, the link, when activated by a user, must display the website full-screen and not within a "frame" on the linking website. Further, the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with the Bio-Identix name and trademarks or create the false appearance that Bio-Identix is associated with, approves of, or is a sponsor of, the linking website. Bio-Identix reserves the right to revoke its consent to any link at any time in its sole discretion.
13. Acceptable and Lawful Use of the website
Any information provided to Bio-Identix in connection with use of the website: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to intercept or expropriate any system, data or personal information, or to damage, detrimentally interfere with any system.; (d) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Bio-Identix or cause us to lose the services of our Internet service providers or other suppliers.
You agree not to interfere or take action that results in interference with or disruption of the website or servers or networks connected to this website. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to this website.
14. Anti-Spam Policy
Bio-Identix strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior consent has been obtained from the email recipient or unless there is a preexisting business or personal relationship with the email recipient. Bio-Identix also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Bio-Identix, and/or its products and services. Bio-Identix prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. If you or anyone you know is "spammed" by someone who is selling or describing Bio-Identix’s products, please contact us promptly so that we make take appropriate action.
15. Governing Law, Jurisdiction and Venue
This Agreement and access to the website shall be governed by and construed in accordance with the law of the state of Tennessee, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the state of Tennessee and of the United States of America located in Tennessee for any litigation arising out of or relating to use of the website or purchases of services made through the website (and agree not to commence any litigation relating thereto except in such courts). You hereby irrevocably and unconditionally waive any objection to the laying of venue of any such litigation in the courts of the state of Tennessee and agree not to plead or claim in any court in the state of Tennessee that such litigation brought therein has been brought in an inconvenient forum.
16. Export
The export of these products is subject to the export laws and regulations of the United States. You may not export the products provided on this Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
17. Waiver
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
18. Severability
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement.
19. Headings
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
20. Authority to Execute
The party signing this Agreement hereby acknowledges, represents and warrants that they are expressly and duly authorized to execute this Agreement and to legally bind said party to this Agreement.
21. Assignment
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Bio-Identix, except pursuant to the sale of your business, or all or substantially all of its assets. Bio-Identix may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
22. Third Party Beneficiary Rights
No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
23. Modifications
We reserve the right at any time to: Change the terms and conditions of this Agreement; to enhance, add to, modify or discontinue the Site or other Offerings, or any portion of the Site or other Offerings, at any time in our sole discretion. Any changes to this Agreement will be effective immediately upon notice, which may be provided to you via e-mail or by display on the Site (hereinafter, "Notice"). Your use of the Site or other Offerings after such Notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with its most current version. The Site or other Offerings, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the Site or other Offerings will be subject to this Agreement.
24. Contact Us
If you have any concerns about the website or these Terms, please send an e-mail to support@bio-Identix.com. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.