NOTICE: By using the Site, you agree to be legally bound by the Terms. Biotest reserves the right to update or change the Terms and you agree to be bound by such modifications or revisions. Your continued access or use of the Site will be deemed as an irrevocable acceptance of any such changes, modifications, or alterations. Nothing in the Terms shall be deemed to confer any third-party rights or benefits.
Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting, or duplicating of any of the material published on Biotest, in whole or in part, is expressly prohibited. Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal and state law.
No material or communication you send to Biotest will be treated as confidential.
Copyrights and Trademarks
The Site, and all materials incorporated on the Site, including, but not limited to text, photographs, graphics, video, and audio content, ("Content") are protected by copyrights, patents, or other proprietary rights under laws of the United States and other countries. Some of the logos and images incorporated on the Site are also protected as registered or unregistered trademarks or trade names ("Trademarks") owned by Biotest. All other trademarks are the property of their respective owners. Use of the Trademarks of Biotest, or of any other party, is not authorized in any manner other than as incorporated into the Site.
If you believe that any Content appearing on Biotest has been copied in a way that constitutes copyright infringement under the laws of the USA, email the following information to [email protected]:
- Contact Information. Your full name, address, phone number, and email address.
- Description. A description of the copyrighted work that you claim has been infringed.
- Page URL. The exact URL of where the alleged infringing material is located.
- Good Faith Basis. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or permitted by law.
- Proof of Authority. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- Declaration of Truth. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your Use of the Site
- You may not use any "deep link," "Web scrape," "robot," "spider," or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Biotest reserves the right to bar any such activity.
- You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Biotest server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
- You may not probe, scan or test the vulnerability of the Site or any network connected to the Site. You may not breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse lookup, trace, or seek to trace any information to its source on any other user, member, customer, or visitor of the Site ("User" or "Users"), including any Biotest account not owned by you. You may not exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Biotest's systems or networks, or any systems or networks connected to the Site or to Biotest.
- You agree not to use any device, software, or process to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
- You may not forge or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Biotest on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Submission of Unsolicited Materials
Biotest policy prohibits Biotest or its employees from accepting or considering any unsolicited ideas, proposals, suggestions, or materials of any nature whatsoever ("Unsolicited Materials"). Accordingly, you may not use this Site or any information obtained from the Site to submit Unsolicited Materials to Biotest or anyone affiliated with Biotest via email or by any other means. We have adopted this policy to avoid potential misunderstandings or disputes when new products, services, and features developed internally by Biotest personnel may appear to be similar to Unsolicited Materials submitted to the Biotest.
By ignoring this policy and submitting or posting Unsolicited Materials, including without limitation, text, photos, video, sound recordings, artwork, designs, software, data, or any other materials, you are giving us permission, in perpetuity, on a no charge, royalty-free basis to use the Unsolicited Materials in connection with Biotest or any of Biotest's advertisements and promotions, and for any other purpose for which Biotest chooses to use the Unsolicited Materials.
- You agree not to upload, post, or otherwise transmit any Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.
- You agree not to upload, post, or otherwise transmit any Content that you know to be false, misleading, or inaccurate.
- You agree not to upload, post, or otherwise transmit any Content that contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.
- You agree not to upload, post, or otherwise transmit any Content that contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd.
- You agree not to upload, post, or otherwise transmit any Content that violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.
- You agree not to upload, post, or otherwise transmit any Content that advocates violent behavior.
- You agree not to upload, post, or otherwise transmit any Content that poses a reasonable threat to personal or public safety.
- You agree not to upload, post, or otherwise transmit any Content that contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes.
- You agree not to upload, post, or otherwise transmit any Content that is protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Biotest, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.
- You agree not to upload, post, or otherwise transmit any Content that contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Any conduct that in Biotest's sole discretion restricts or inhibits anyone else from using or enjoying the Site will not be permitted. Biotest reserves the right in its sole discretion to remove or edit User Content by you and to terminate Your Account for any reason.
- You agree not to engage in activity that would constitute a criminal offense or give rise to a civil liability.
- You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site.
- You agree not to impersonate any person or entity, including, but not limited to, Biotest or any Biotest employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- You agree not to represent or suggest, directly or indirectly, Biotest's endorsement of User Content.
- You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally identifiable information about the Site users or posting private information about a third party.
- You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
- You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use the Site, or access to the Site.
- You agree not to use any service, technology, or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web "robots" and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
- You agree not to use any technology, service, or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies, or automated systems on your behalf.
Moderation and Monitoring
Biotest shall have the right, but not the obligation, to monitor Forum Posts. Biotest shall have the right, in its sole discretion, to edit, refuse to post, or remove any material submitted or posted to the Forums. Without limiting the foregoing, Biotest shall have the right to remove any material that Biotest, in its sole discretion, finds to be in violation of the Terms or otherwise objectionable.
Biotest will terminate a User's access to the Site if, under appropriate circumstances, the User is determined to be in violation of the Terms, at any time, without prior notice and in its sole discretion.
Disclaimer of Warranty and Limitation of Liability
- You expressly agree that use of the Site is at your sole risk. Neither Biotest, its subsidiaries, its other affiliates, nor any of their respective employees, or agents warrant that the Site will be uninterrupted or error free. Nor do they make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy, reliability or Content of any information, service, or merchandise provided through the Site.
- The Site, including, without limitation, any downloadable software, is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms of service.
- The Site may offer health, fitness, nutritional, and other such information, but such information is designed for educational and informational purposes only. The information contained on the Site does not and is not intended to convey medical advice and does not constitute the practice of medicine. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Biotest is not responsible for any actions or inaction on a User's part based on the information that is presented in the Site.
- To the fullest extent permissible by applicable law, in no event shall Biotest, or its present or future affiliated companies, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer or device or technology failure or malfunction, or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the Site or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the Sites, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, Content, or technology, pertaining to or on the Sites. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if Biotest or its present or future parents or affiliated companies has been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that Biotest and/or its present or future parents and affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other Users of the Sites or any other third parties.
- If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
- Biotest disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to Biotest's disclaimer of any such liability. If you do not agree, do not access or use the Site.
You agree to indemnify and hold harmless Biotest, its officers, members, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from and against all claims and expenses, including attorneys' fees, arising out of the use of the Site by you or your Account. Biotest reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Biotest with such cooperation as is reasonably requested by Biotest.
Governing Law and Jurisdiction
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of Colorado, USA.
This Agreement has been delivered at and shall be deemed to have been made and entered into in Colorado Springs, Colorado. Accordingly, the rights and liabilities of the parties shall be determined in accordance with the laws of the State of Colorado, without regard to its principles of conflicts of laws.
The parties agree that the exclusive jurisdiction and venue for the resolution of any dispute arising from or relating to this Agreement shall lie in the District Court for the State of Colorado, sitting in El Paso County, Colorado.
Each party irrevocably consents to the service of process in any such dispute if served in accordance with the notice provisions contained herein.
Void Where Prohibited
Biotest, in its sole discretion, reserves the right to limit the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Biotest without restriction.
Copyright © 2017 Biotest LLC.
All rights reserved.