Terms and Conditions of Website Use

Welcome to the website of Biolytic Lab Performance, Inc. (“Biolytic Lab Performance, Inc.” or “Biolytic”). This site is maintained as a service to our customers and prospective customers. By using this site, you agree to comply with and be unconditionally bound by all of the terms and conditions of website use contained in the “Agreement” listed below. Please review the Agreement carefully. If you do not agree to comply with and be unconditionally bound by all of the provisions of the Agreement, do not use this site.

 

1. Agreement. This Agreement (the or this “Agreement”) specifies the terms and conditions for access to, and use of, www.biolytic.com (the “website” or “site”). This Agreement may be modified or terminated at any time by Biolytic upon posting of the modified agreement or notice of termination. Any such modified agreement, or the termination of the agreement, shall be effective immediately upon such posting. You can view the most recent version of this Agreement at any time at www.biolytic.com. Each use of our site by you shall constitute and be deemed your agreement to comply with and be unconditionally bound by all of the provisions of the Agreement.

 

2. Privacy. Your visit to our site is also governed by Biolytic’s Privacy Policy, the provisions of which are incorporated into, and made part of, this Agreement. Please review our Privacy Policy at www.biolytic.com.

 

3. Ownership of Website Content. All content contained on this website is, and will continue to be, the property of Biolytic Lab Performance, Inc. and is protected under applicable federal and state laws and regulations with respect to copyrights, patents, trademarks, service marks and other proprietary rights, with all rights thereto reserved to Biolytic. Such content includes, but is not limited to, the name Biolytic Lab Performance, Inc. or Biolytic, and any other trademarks and/or service marks that identify Biolytic Lab Performance, Inc. and the goods or services that it provides. Any copying, redistribution, use or publication by you of any such marks or any other content or any part of the website is prohibited, except with the prior written authorization of Biolytic Lab Performance, Inc. Under no circumstances will you acquire any ownership rights or other interest in any of such marks or content on this website by or through your use of the site.

 

4. Links To Third-Party Websites. Biolytic may provide hyperlinks to third-party websites from its site as a convenience to users of this site. Biolytic does not control such third-party websites, and is not responsible for the contents of any “linked to” third party website or to the content of any further “linked-to” websites contained therein. Biolytic does not endorse, recommend, or approve the content of any third party website “linked to” through this site or further “linked to” in any website to which Biolytic provides a hyperlink. Biolytic shall have no liability for the use or content of any such hyperlinked websites.

 

5. Limitations on Site Use. Biolytic grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use its materials, products or services in violation of any law. Your use of this website is at the sole discretion of Biolytic Lab Performance, Inc., which may terminate your use of this website at any time.

 

6. Compliance With Laws and Accuracy of Your Information. Compliance With Laws and Accuracy of Your Information. You agree to comply with all applicable laws in connection with your use of this website. You further agree that any information provided by you is truthful and accurate to the best of your knowledge.

 

7. Indemnification. You agree to indemnify, defend, and hold Biolytic Lab Performance, Inc. Harmless from any liability, loss, claim and expense, including reasonable attorney’s fees that Biolytic may be subject to and incur by reason of your violation of any of the provisions of this Agreement.

 

8. Disclaimer of Warranties. THE INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. BIOLYTIC LAB PERFORMANCE, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND OTHER THAN THE EXPRESS WARRANTIES APPEARING ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY STATUTORY WARRANTIES, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON SOME OR ALL OF THE FOREGOING WARRANTIES, THIS DISCLAIMER MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. IN SUCH EVENT, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THIS SITE.

 

9. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL BIOLYTIC LAB PERFORMANCE, INC. BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, YOUR SITE USE, OR THE CONTENT OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF INCURRING SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ANY CONTENT THEREOF IS TO DISCONTINUE USE OF THE SITE. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON SOME OR ALL OF THE FOREGOING DAMAGES, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. IN SUCH EVENT, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THIS SITE.

 

10. Law Governing Interpretation. The interpretation and construction of this Agreement shall be governed by the law of the State of California without regard to conflicts of laws provisions

 

11. Severability. If any provision of this Agreement shall be adjudged by a court of competent jurisdiction to be invalid or otherwise unenforceable, that provision shall be eliminated to the minimum extent necessary to maintain the force and effect of the remaining provisions of the Agreement.

 

12. Contacting Us. You may contact Biolytic with any questions regarding the website or this Agreement by e-mail to info@biolytic.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by U.S. mail to 5680 Stewart Ave., Fremont, CA 94538.

 

14. Last Update. This Privacy Policy was last updated on June 14, 2011.