THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND BIOSTRIKE® (“WE”, “OUR” “US”), THE OWNER AND OPERATOR OF THE WWW.BIOSTRIKE.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE, AND YOUR PURCHASE OF HVAC FILTERS (HEREINAFTER REFERRED TO AS “PRODUCTS”) SOLD ON THIS SITE. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM OR MEMBERSHIPS TO, THE SITE.
By ordering a product, you represent, acknowledge and agree that you are at least 18 years of age.
1 – CHANGES TO SITE; PERSONAL INFORMATION/PRIVACY
1.1 – Changes to the site
BioStrike® may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 – Personal Information
Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Memberships. BioStrike reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that BioStrike uses a third party payment processing service to process orders and bill fees to your credit card.
1.3 – Privacy
PLEASE TAKE NOTICE that BioStrike (and its third party service providers) automatically collects various types of information about your visits to our Site, registration for a Membership, and/or use of our Services. In addition to the personal information provided by you in connection with your account registration, we may also collect certain additional information by automated means, such as cookies, web beacons, and other automated devices.
We and/or our third party service providers may employ canvas fingerprinting and other browser fingerprinting techniques that extract and analyze information about your browser, operating system, and installed graphics hardware in conjunction with other user information (e.g. time-zone, language preference, etc.) to help verify your unique identity for fraud prevention purposes and help us continue to improve our Site and Services. We may also use third-party website analytics tools (such as Omniture, Google Analytics, and Facebook Insights) that collect information about visitor traffic on the Site that help us continue to improve the Site, performance and user experiences.
The types of information we may collect by such automated means include:
• Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser, domain name and operating system type)
• URLs that refer visitors to our Site
• Dates and times of visits to our Sites
• Information on actions taken on our Site (such as page views and site navigation patterns)
• A general geographic location (such as country and city) from which a visitor accesses our Site
• Search terms that visitors use to reach our Site and the webpage that led you to the Site.
2 – PASSWORDS; USE OF SITE
2.1 – Passwords
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify BioStrike if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
2.2 – Use of Site; Prohibitions
Subject to your compliance with this Agreement, BioStrike hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of BioStrike or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
3 – TERMS OF SALE
3.1 – Sales of Products to End Users Only
BioStrike sells air filtration products (the “Product(s)”) from the Site to end-user customers who purchase the Products only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The products and all rights and privileges conferred are personal and non-transferable.
3.2 – Pricing
The price that we will charge you for the Products will be the price as posted on the Site on the date you ordered. BioStrike reserves the right to change prices for Products at any time, and does not guarantee price protection or refunds in the event of promotions or price decreases.
3.3 – Payment Methods; Automatic Membership Renewals and Membership Cancellation Policy
BioStrike accepts debit/credit card payments only. You agree to pay all fees charged to your account based on BioStrike’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Membership to the Site. You are also responsible for paying any sales and use taxes that may apply to your purchase of Products based on the address that you provide as the shipping address when you register , and you authorize BioStrike or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, BioStrike reserves the right to either suspend or terminate your account and terminate these Terms of Service. All sales and payments will be in US Dollars.
BioStrike in conjunction with their third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to BioStrike and BioStrike’s third party payment service provider at the election of your credit card issuer. Neither BioStrike nor our third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
IMPORTANT NOTICE TO CONSUMER
3.4 – Shipping and Product Acceptance
The shipment date will be pushed to the next business day when the original shipment date falls on a weekend or holiday. Shipping dates are estimates only. Products will be either delivered by a licensed parcel carrier service.
4 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that BioStrike or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
BioStrike® is a trademark of BioStrike in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of BioStrike , Copyright © 2017 BioStrike , LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
6 – THIRD PARTY SITES; INDEMNIFICATION
6.1 – Third Party Web Sites
6.2 – Indemnification
You hereby agree to defend, release, indemnify and hold harmless each of the BioStrike Parties (as defined in Section below) from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising , either directly or indirectly from any act or failure to act by you, which may occur during or which may arise out of the performance of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.
7 – DISCLAIMER OF WARRANTIES
THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. BIOSTRIKE , ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “BIOSTRIKE PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND BIOSTRIKE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BIOSTRIKE OR ANY PERSON ON BEHALF OF BIOSTRIKE SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION 7 SHALL EXCLUDE OR LIMIT THE BIOSTRIKE PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
8 – LIMITATION OF LIABILITY
8.1 – In no event shall any BioStrike’s party be liable to you, or any third party, for any special, indirect, incidental, punitive, exemplary, reliance, or consequential damages of any kind, including, but not limited to, property damage, loss of value of the products or loss of use of the products, whether based on breach of any express or implied warranty or condition, breach of contract or tort (including, without limitation, negligence or strict liability), even if a BioStrike party has been advised of the possibility of such damages.
8.2 – If, notwithstanding the foregoing, a BioStrike party is found to be liable to you or any third party for any damage or loss which arises under or in connection with your use of the site, content, products or members, the relevant BioStrike party’s total cumulative liability shall in no event exceed the greater of: (A) The amount you paid BioStrike for the products as applicable; and (B) The sum of one hundred U.S. dollars (U.S. $100).
8.3 – Nothing in section 8 shall exclude or limit any BioStrike’s liability for losses which may not be lawfully excluded or limited by applicable law, in which case, such BioStrike’s liability will be limited to the greatest extent permitted by applicable law.
9 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS
9.1 – Electronic Communications
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
9.2 – General Terms