Terms and Conditions

WEBSITE TERMS AND CONDITIONS BIO IONIC

MAY 2019

INTRODUCTION

This website at www.bioioinic .com, including any discussion forums contained on the website (“Site”) is operated by Bio Ionic, a company registered to Eurasia Corporation, a company incorporated in California with its registered address at 5 Adams Avenue, Hauppauge, NY 11788 (collectively, “Bio Ionic ” or “we/us/our”). Bio Ionic may be contacted at the above address. We appreciate your interest in the products and services on the Site and your visit to the Site.

If you have any queries regarding the Site of any of the information or materials contained on or in it, please contact us by email at [email protected] or by calling 888-755-6834 Monday – Friday, 9am-5pm EST.

The use of this Site is subject to these Terms of Use which set out the basic rules that govern your use of the Site. Please read the Terms of Use carefully. By using the Site you confirm your acceptance of these Terms of Use and to be bound by them. If you do not agree to the Terms of Use, please do not use the Site.



TERMS OF USE


1. MODIFICATION

1.1 We may change, edit, delete or revise the content of this Site from time to time, including these Terms of Use. Please check this page for changes which have been made to the Terms of Use. Your use of this Site after a change has been posted constitutes your acceptance of the amended Terms of Use.

1.2 We do not guarantee that the Site, any page or any content on the Site will always be available or be uninterrupted. We may also intentionally withdraw or restrict the Site or any part thereof at any time without notice.


2. TERMS OF SALE, REGISTRATION, ACCOUNTS AND PASSWORDS

2.1 These Terms of Use do not apply to the sale of goods via the Site. Such sales are subject to our Terms of Sale.

2.2 Accessing certain services on the Site may require registration and the creation of an account. Please ensure that the details you provide upon registration or at any time are complete and accurate and inform us immediately of any changes to the details you provided when registering.

2.3 When you register for an account on the Site, you will be asked to create a password. You agree to be responsible for maintaining the confidentiality of your account details and password, and for restricting access to your computer to prevent unauthorized access to your account. You agree to promptly notify us if you have reason to believe that your account details or password have been lost, or if they are likely to be used in an unauthorized manner. Click here to reset your password at any time. You are responsible for all activities that occur under your account or password, and we will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.

2.4 We reserve the right to suspend or terminate your use of the Site at any time, for any reason, without prior notification.


3. INTELLECTUAL PROPERTY

3.1 We are the owner or the licensee of all copyright, design rights, database rights, trademarks and other intellectual property rights on this Site, and in the material published on it. Your use of the Site grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved.

3.2 You are granted a limited license and may access this Site only, subject to the restrictions provided in these Terms of Use, to participate in the Site or make Contributions (as defined below) or to place an order for Products. Any other use is prohibited unless agreed to by us in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.

3.3 You may not modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, display, post, transmit or sell any content or intellectual property appearing on this Site.

3.4 If you print, copy or download any part of this Site in breach of these terms of use, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


4. LINKS TO THIRD PARTY WEBSITES AND RESTRICTIONS

4.1 The use of third party websites is entirely at your own risk. Links contained in the Site will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Site are provided to you only as a convenience and the inclusion of any link does not imply reliability or endorsement by us of the content of any third party’s website.

4.2 These Terms of Use do not apply to any third party website linked to the Site. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.

4.3 You are not entitled (nor will you assist others) to set up links from your own websites to the Site (whether by hypertext linking, deep-linking, framing, toggling or otherwise), nor may you frame the Site on a third party site, without our prior written consent, which we may grant or withhold at our absolute discretion.

4.4 You agree that when accessing the Site you shall not price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling or other technology.

4.5 You must not attempt to gain unauthorized access to the Site, or our servers, or any hardware supporting the Site. Nor may you attempt to reconfigure the Site in any way. For the avoidance of doubt, the full details of any offenses committed by site users under US law will be reported to the relevant law enforcement authorities.

4.6 You must not misuse the Site in any manner, including the introduction to the Site of any viruses, programs or any other material that may be technologically harmful or malicious.


5. USER REVIEW AND CONTRIBUTIONS

5.1 Users of the Site may submit product reviews, profiles, images, portfolios, videos, instructions, comments, questions, feedback, ideas, suggestions or other information or materials via the Site or otherwise (collectively “Contributions”), so long as such Contributions comply with our contribution standards, set out below in clause ‎5.2 (“Contribution Standards”).

5.2 Contribution Standards
5.2.1 These standards apply to any and all material which you contribute to this Site, and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

5.2.2 Contributions must:
5.2.2.1 be accurate (where they state facts);
5.2.2.2 be genuinely held (where they state opinions); and
5.2.2.3 comply with applicable law in the US.
5.3.3.4 be your own and not infringe on any third party’s rights.

5.2.3 Contributions must not:
5.2.3.1 contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
5.2.3.2 promote sexually explicit material;
5.2.3.3 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.2.3.4 carry out, advocate, promote, assist any illegal act, including, but not limited to, violence or computer misuse or the infringement of the intellectual property rights of any other person;
5.2.3.5 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
5.2.3.6 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
5.2.3.7 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
5.2.3.8 give the impression that they emanate from us, if this is not the case.

5.3 Failure to comply with the Contribution Standards constitutes a material breach of the Terms of Use upon which you are permitted to use this Site. We will determine, in our discretion, whether there has been a breach of the Contribution Standards through your use of this Site. If a breach of the Contribution Standards has occurred, we may take such action as we deem appropriate, including taking all or any of the following actions:
5.3.1 immediate, temporary or permanent withdrawal of your right to use this Site;
5.3.2 immediate, temporary or permanent removal of any posting or material uploaded by you to this Site;
5.3.3 issue of a warning to you;
5.3.4 institute legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs and attorneys’ fees) resulting from the breach;
5.3.5 take further legal action against you and pursue all available rights and remedies; and
5.3.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

5.4 Any Contributions shall be and shall remain our property, and by making a Contribution to the Site you agree to assign to us all worldwide rights, title and interest in all intellectual property in your Contributions. Thus, we will own exclusively all such rights, title and interests in any Contributions, and shall not be limited in any way in its use, commercial or otherwise, of any Contributions. We are and shall be under no obligation to maintain any Contributions in confidence, to pay any compensation or royalty for any Contributions, or to respond to any Contributions.

5.5 We do not endorse any Contributions or any opinion, recommendation or advice expressed therein, and we disclaim all liability with respect to the Contributions posted by third parties.


6. NO WARRANTY; DISCLAIMER OF LIABILITY

6.1 While we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Site, THE SITE IS PROVIDED ON AN “AS IS” BASIS AND WE GIVE NO WARRANTY AND MAKE NO REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THIS SITE. FURTHER, NO WARRANTY IS GIVEN THAT THE SITE SHALL BE AVAILABLE ON AN UNINTERRUPTED BASIS, AND NO LIABILITY CAN BE ACCEPTED IN RESPECT OF LOSSES OR DAMAGES ARISING OUT OF SUCH UNAVAILABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM SUCH REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws.

6.2 TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

6.3 Access to and use of this Site is at the user’s own risk and we do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Site.


7. MISCELLANEOUS

7.1 These Terms of Use are governed by the laws of the State of New York, excluding its choice of law and conflict of laws rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York County, New York.

7.2 If any provision of these Terms of Use is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms of Use which shall remain unaffected.

7.3 No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

7.4 Please read the terms of the Privacy Policy which contains important information about the use of the personal information you provide when using this Site.

7.5 Competitions or other promotional features which may be made available through this Site from time to time may also have specific terms and conditions. You will need to read and accept these before making a submission.

©2019 Bio Ionic. All Rights Reserved. Bio Ionic is part of J&D Brush Co. LLC.