Legal Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE BIONÉE LLC (“COMPANY”) WEBSITE (“COMPANY WEBSITE”), YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS (“TERMS OF USE”). THE WEBSITE AND THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE WEBSITE AFTER THE POSTING OF ANY AMENDMENTS OR MODIFICATIONS TO THESE TERMS OF USE CONSTITUTES YOUR ACKNOWLEDGMENT OF SUCH AMENDMENTS AND MODIFICATIONS AND YOUR AGREEMENT TO ABIDE, AND BE BOUND, BY THESE TERMS OF USE AS SO AMENDED AND MODIFIED. IF YOU DO NOT ACCEPT THESE TERMS OF USE AS THEY EXIST ON THE DATE OF YOUR USE OF THE WEBSITE, THEN DO NOT USE THE WEBSITE.
1. Use of Site.
The materials contained on this Website (such materials include, but are not limited to, the design, layout, artwork and other elements of the website and any text, audio, video, logo, information, data, software, documentation, services or any other materials contained on this website) are owned by Company or its licensors and are protected by copyright and trademark law, international treaties, and other intellectual property rights. You may not use, reproduce, display, post, transmit, or distribute any materials contained on this Website for any purpose. Nothing herein shall be construed as granting any license or right to use this website or any materials contained on this Website except as expressly provided herein.
2. Third-Party Links.
This Website may provide links to third-party websites. Any such links are provided solely as a convenience to you. Company has no control over these websites or their content and does not assume any responsibility or liability for these websites. Company does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Website, you do so at your own risk.
3. Third-Party Materials on the Website.
This Website may contain materials submitted by third-parties. Any such materials are provided solely as a convenience to you. Company has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall Company be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
4. Unauthorized Materials on the Website.
A possibility exists that the Website could include inaccuracies or errors and that unauthorized additions, deletions and alterations could be made to the Website by unauthorized third-parties. Although Company attempts to ensure the integrity of the Website, it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the Website. If the event that such an inaccuracy arises, please inform us so that it may be corrected.
5. Trademarks.
Bionée LLC and the Bionée LLC logo are registered trademarks of Bionée LLC in the United States and other countries. All other company names, logos, and trademarks mentioned on the Website are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Company’s name, logos, trademarks or other intellectual property displayed on this Website except as expressly provided herein or by obtaining the written permission of Company or such other third party owner, as applicable. You acknowledge that Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
6. Medical Information.
The Website posts information designed to provide authoritative and accurate information in regard to the subject matter covered solely as a starting point for you and is intended to be used for educational and informational purposes only. To the extent that any of the information contains medical principles, you should not rely upon this information as a substitute for medical advice. The statements made about products have not been evaluated by the U.S. Food and Drug Administration. The accuracy of the information is not guaranteed by Company since the applicability of the medical principles contained within may change and/or be subject to differing interpretations in individual situations and any results reports may not necessarily occur in all individuals. Medical advice of any nature should be sought from a health care professional and Company makes absolutely no warranties regarding the suitability of the information on this Site for a particular purpose.
7. Privacy and Protection of Personal Information.
See the Privacy Statement at http://www.bionee.com/privacy for disclosures relating to the collection and use of your information.
8. Member Account, Password and Security
You may choose to create an account at our Website if you are over the age of thirteen (13) . Do not register if you are not over the age of thirteen (13). If you are over the age of thirteen (13) and you open an account on the Web Site (“Account”), you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will be required to choose a password and user name for access to your Account. You are entirely responsible for maintaining the confidentiality of your password and Account. Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify Company immediately of any unauthorized use of your Account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your Account or password. You may not use anyone else's Account at any time, without the permission of the Account holder.
9. Payment Transaction Processing.
In the event you wish to purchase any of our products, you might be asked by Company or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Company or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product. By providing payment account information, you thereby authorize the charge to your credit card or other account as necessary to complete the process for your payment transaction. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
10. Company Termination/Access Restriction.
Company reserves the right, in its sole discretion, to terminate your access to the Web Site or any portion thereof at any time, without notice.
11. No Unlawful or Prohibited Use.
As a condition of your use of the Web Site, you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner, which could damage, disable, overburden, or impair the Web Site (or the network(s) connected to the Web Site) or interfere with any other party's use and enjoyment of the Web Site. You may not attempt to gain unauthorized access to the Web Site, other accounts, computer systems or networks connected to the Web Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Web Site (including a Communication Method, as defined below) if you are not expressly authorized by such party to do so.
12. Acceptable Use Policy.
See the Acceptable Use Policy at http://www.bionee.com/acceptable-use for information about a Member’s acceptable use of the Communication Methods (as defined in the Acceptable use Policy) at the Website.
13. Submissions Provided to Company or Posted at the Web Site.
Company does not claim ownership of the materials you provide to Company (including feedback and suggestions) or post, upload, input or submit to the Web Site or any service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission to Company through any means, you hereby grant to us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submissions; and to publish your name in connection with your Submission. The foregoing license to Company shall be fully paid-up and royalty free. In addition, under no circumstances shall Company have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submissions upon the occurrence of a transfer of all or any portion of Company's business through a merger, sale or transfer of all or substantially all of the assets of Company, nor shall the sale of advertising on the Web Site give rise to any obligation to pay a fee to users or subscribers. Company is under no obligation to post or use any Submission you may provide and Company may remove any Submission at any time in its sole discretion. None of the Submissions disclosed or posted via the Communication Methods (as defined in the Acceptable Use Policy) shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Company’s part and we shall not be liable for any use or disclosure of any such Submissions. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
14. Contests and Games.
Company may provide contests and games on the Website. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the web page where the contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
15. Product Information.
The products displayed on the Website can be ordered and delivered only within the United States, Canada and countries in the European Union. All prices displayed on this Website are quoted in US Dollars, Euro and British Pound.
16. Purchase Related Policies and Procedures.
To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here.
17. No Warranty.
This Website, including any content and information contained within it, any products or Website related service and any third-party product or service made available through the Website, is provided on an “as-is” basis and Company makes no representations or warranties as to the suitability, accuracy, timeliness, completeness, or reliability of the same. Nor does Company make any representations or warranties that access to this Website or materials contained on this Website is uninterrupted, error-free or secure. Company makes no representations or warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You agree that your use of this Website and any materials contained on this Website or your use of any product or any Website related service or third-party product or service made available through this Website is at your own risk.
18. Limitation of Type of Damages.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, MALFUNCTIONS, DELAYS, LOSS OF DATA, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS, PROFIT OR ANTICIPATORY PROFITS, ARISING OUT OF THE USE, INABILITY TO USE, OR RESULTS OF USE OF THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED ON ALL SUCH WEBSITES OR ANY PRODUCTS ORDERED THROUGH THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, OR TORT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY OF ANY KIND, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE RELATED PRODUCTS OR SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE IS TO STOP USING THE WEBSITE FOR SUCH PRODUCTS OR SERVICES OR TO STOP USING THE PRODUCTS OR SERVICES; HOWEVER, ON A CASE BY CASE BASIS, COMPANY, IN ITS SOLE DISCRETION, MAY DECIDE TO ALLOW YOU TO RETURN PRODUCTS FOR A REFUND IF YOU MEET THE REQUIREMENTS OF THE COMPANY’S RETURN POLICY LOCATED AT ________________.
19. Limitation of Amount of Damages.
YOU AGREE THAT, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY OF ANY KIND, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE GREATER OF (I) THE AMOUNTS THAT YOU HAVE PAID TO BIONEE LLC FOR PRODUCTS; AND (II) ONE HUNDRED ($100.00) DOLLARS.
20. Jurisdiction.
By entering this Website, you acknowledge and agree that Company operates this Website from its offices within the United States of America and will only be construed and evaluated according to United States law. Company makes no representations that the materials on this website are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own risk and are responsible for compliance with all local laws. You may not use this Website in violation of United States export laws and regulations. This agreement and use of this Website shall be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to its conflicts-of-laws provisions, and all users of this Website submit to the exclusive personal jurisdiction and venue of the Federal and State courts of the Commonwealth of Pennsylvania with respect to any matters related to use of this Website or to these Terms of Use.
21. Indemnification.
You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, due to or arising out of (i) your use of or conduct on the Web Site and/or Services, including but not limited to any allegation that any materials that you submit to Company or post in any Communication Method infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (ii) your use of software robots, spiders, crawlers or similar data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on the infrastructure or is a breach of Paragraph 13.
22. Consent to Receive Notices Electronically by Posting on the Site or Via E-mail.
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these terms refer from us electronically including without limitation by e-mail or posting notices on this Site. You agree that all notices that we provide to you electronically satisfy any legal requirements that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by e-mailing us at customercare@bionee.com and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms of Use, including, without limitation, the licenses to use the Website set forth above, shall automatically terminate in that we cannot provide the benefits of the Website to any party that does not consent to receipt of electronic notices. Also, please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, which is discussed under the Privacy Policy.
23. Copyright Notice.
We respect the intellectual property of others. If you believe that a work has been copied by another party on the Website in a way that constitutes copyright infringement of your work, please go here (http://www.bionee.com/copyright-infringement) to find out how to notify us of your claimed infringement.
These Terms of Use were last modified as of October 2010.