TERMS OF SERVICE
OVERVIEW
This website is operated by BIOptimizers. Throughout the site, the terms “we”, “us” and “our” refer to BIOptimizers. BIOptimizers offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature
A breach or violation of any of the Terms will result in an immediate termination of your Services.
No Resale. This product is provided for your use only (unless otherwise specifically stated or agreed upon) and you agree not to reproduce, duplicate, copy, sell, transfer, trade, resell, re-provision, redistribute on any platform (including examples of Amazon, Walmart.com, etc) the product, or any portion of the product.
Products purchased directly from BIOptimizers or an authorized retailer are provided with a 100% satisfaction guarantee. Unfortunately, we cannot guarantee products that have been handled by distributors outside of our carefully selected network of partners. You may contact our help desk at (800)719-2467 Mon - Fri 10 AM to 8 PM EST or [email protected] within 365 days of the original order date for 100% refund of the product purchase price (excluding any shipping and handling charges) and obtain an RMA (Return Mailing Authorization) number and shipping instructions to return any unopened product. RMAs (Return Mailing Authorization) are only available to customers returning items within the 48 contiguous United States, Alaska, and Hawaii.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BIOptimizers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless BIOptimizers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Nevada, USA.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
BIOptimizers Loyalty Program Terms & Conditions
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING THE REQUIREMENT FOR MANDATORY ARBITRATION, THE PROHIBITION OF CLASS ACTION, AND THE WAIVER OF THE RIGHT TO A JURY TRIAL.
The BIOptimizers Loyalty Program (the "Program") is a loyalty program sponsored by and operated by BIOptimizers USA, Inc., a Nevada corporation (“BIOptimizers”, “we”, “our”, or “us”). The following terms and conditions (these “T&C”) govern your membership in the Program.
We may periodically update or amend these T&C in our sole discretion. It is your responsibility to regularly check this webpage (https://bioptimizers.com/terms-and-conditions/) for any updates to the Program or the T&C. Any modifications to these T&C will supersede and replace prior versions. If these T&C are updated, any changes will apply to all members of the Program (“Members”), including Members who enrolled in the Program before we post such update, except as may be prohibited by law. No changes to these T&C will apply retroactively unless specified.
BIOPTIMIZERS RESERVES THE RIGHT TO CHANGE THESE T&C, IN WHOLE OR IN PART, AT ANY TIME WITHOUT NOTICE, EVEN THOUGH CHANGES MAY AFFECT THE BENEFITS AVAILABLE TO MEMBERS AND/OR THE VALUE OF THE BIOBUCKS (DEFINED BELOW) ALREADY ACCUMULATED BY A MEMBER. YOUR MEMBERSHIP REGISTRATION, ACCOUNT LOGIN, BIOBUCKS USAGE, OR ANY FORM OF PARTICIPATION IN THIS PROGRAM CONSTITUTES YOUR AGREEMENT TO THESE T&C AND OUR PRIVACY POLICY AT https://bioptimizers.com/terms-and-conditions/.
1. Membership Eligibility
The Program is a loyalty rewards program available exclusively to individuals who are BIOptimizers customers residing in the United States of America and who are at least 18 years old or the age of majority in their jurisdiction of residence in the United States of America. Membership in the Program (“Membership”) is limited to one account per individual. Employees, officers, directors, managers, agents, and representatives of BIOptimizers and its affiliates are eligible for Membership, though some promotions may not be available to them in our sole discretion. The Program is currently offered in the English language only.
2. Program Enrollment
Program enrollment is available only online at www.bioptimizers.com (the “Website”).
Each applicant will be required to provide their first name, last name, and e-mail address. BIOptimizers may require additional information or verification in connection with your application. In order for us to provide you with a more personalized Program, you may also be asked to provide other information about yourself, but please note that any information other than first name, last name, and email address is entirely optional.
BIOptimizers may enroll you automatically in the Program if you previously provided BIOptimizers with your email address. If at any time you do not wish to remain enrolled in the Program, you can easily un-enroll by contacting BIOptimizers Customer Support (“Customer Support”) by email at [email protected], by mail at 5470 Kietzke Lane, Suite 300 Reno, NV 89511, or by telephone toll-free at 1-800-719-BIOP (1-800-719-2467) (collectively, the “Contact Methods”). Please note that unenrolling from the Program does not by itself constitute a request for account deletion or data deletion under applicable data privacy laws.
NO PURCHASE IS NECESSARY FOR MEMBERSHIP IN THE PROGRAM. The Program is void where prohibited by law. Similar customer loyalty programs or initiatives may be offered by affiliates, partners, or distributors of BIOptimizers. Please note that Membership in our Program does not make you a member of or confer any rights or benefits in the program of any other such affiliate, partner, or distributor of BIOptimizers.
It is the duty of each Member to maintain current and correct personal information regarding their account under the Program (“Account”). For details on the Program, to review Account activity, or to update profile preferences and contact information, Members should login to their Account. Additionally, information on the Program and your Account can be obtained by contacting BIOptimizers Customer Support through any of the Contact Methods listed in this section above.
As part of your Membership setup, you will be required to select a password to access your Account online. You are solely responsible for maintaining the confidentiality of these login credentials, and you are solely responsible for all use of your login credentials to access your Account, whether authorized by you or not. We strongly recommend that you log out of your Account when not in use. You agree to notify us immediately of any unauthorized use of your password or any other breach of Account security. Any attempt by individuals, including Members, to access any restricted areas of the Program without authorization may be subject to prosecution or other legal action. The collection and use of any information you provide to us during registration or participation in the Program will be governed by our Privacy Policy at https://bioptimizers.com/terms-and-conditions/, as may be revised or amended by us at any time.
3. Communications
When you enroll in the Program, you consent to receive (a) transactional emails about your Account and the Program; and (b) marketing and promotional emails from BIOptimizers and/or its affiliates or partners. Members may not unsubscribe from receiving transactional emails regarding the Program. Members have the option to withdraw their consent and unsubscribe from BIOptimizers and/or affiliate or partner marketing and promotional emails at any time via the unsubscribe link in that email. Members can also unsubscribe from marketing and promotional email by contacting BIOptimizers Customer Support through any of the Contact Methods listed above.
4. Offers
You may receive various offers during your Membership. These offers may include discounts, opportunities to earn additional BIObucks, special birthday rewards, and reduced shipping costs, among other promotions. Please note these offers will be subject to additional details, exclusions, and terms. In addition, as a Member, you may receive other opportunities, such as early notification about upcoming events and sales, notification of new products, and personalized recommendations.
5. Earning BIObucks
Members may earn BIObucks on eligible purchases made through the Website under their Account. Subject to these T&C, for recurring subscription purchases, also referred to as Subscribe N’ Save purchases, Members will receive BIObucks equal to one and one-half percent (1.5%) of the total dollar amount spent, and for all other eligible purchases, Members will receive BIObucks equal to one percent (1%) of the total dollar amount spent. For example, if a Member spends $200 on an eligible purchase transacted through the Website under their Account, if such purchase is a recurring subscription, the Member would earn three (3) BIObucks, and if such purchase is not a recurring subscription, the Member would earn two (2) BIObucks. Notwithstanding the foregoing, the allocation and value of BIObucks: (a) are at the sole discretion of BIOptimizers; (b) are subject to change without notice; and (c) can differ based on various activities and promotional efforts. BIObucks cannot be earned on purchases (i) made before a Member enrolls in the Program, or (ii) completed under “guest” checkout on the Website, or (iii) conducted by any method or means not through the Website under the Member’s Account, including but not limited to purchases made via third-party retailers or distributors.
Members may also earn BIObucks by referring certain new customers who make an eligible purchase through the Website using the Member’s unique referral link. New customers are defined as individuals who have (a) never made a purchase through the Website at any time prior to using the Member’s unique referral link, or (b) not placed an order through the Website since January 1, 2023. Referrals must be genuine referrals to new customers who are separate individuals from the referring Member. Self-referrals or attempts to earn BIObucks by creating multiple accounts are strictly prohibited. For a successful referral, if the new customer makes a recurring subscription purchase using the unique referral link, the Member will receive fifteen (15) BIObucks, and if the new customer makes a one-time purchase, the Member will receive ten (10) BIObucks. Referral links are valid for thirty (30) days. Referrals of anyone who does not qualify as a new customer as set forth above is not eligible for referral-based BIObucks. There is no limit to the number of new customers Members can refer, but BIObucks earned through qualifying referrals are limited solely to the referred customer’s first eligible purchase through the Website using the Member’s unique referral link. Any misuse of the referral program or process, including fraudulent referrals or attempts to manipulate referral earnings, may result in immediate termination of the Member’s account and forfeiture of all accumulated BIObucks.
The dollar amount for the purpose of calculating the total BIObucks earned from a purchase – whether made through the Website under the Member’s Account or by new customers using the Member’s unique referral link – is on the actual dollars spent at checkout, less all taxes, fees, delivery charges, rebates, or other excluded charges. Members do not earn BIObucks for the amount of any BIObucks or coupons used or discounts applied to a purchase. Other exclusions and limitations may apply.
BIObucks earned will be credited to a Member’s Account within approximately 48 hours after the corresponding order has been shipped, subject to potential delays caused by system or technical issues. BIOptimizers is not responsible for such delays, but will use reasonable efforts to resolve any issues as soon as practicable. BIOptimizers is the final authority on accrual and crediting of BIObucks, and reserves the right to deny or revoke BIObucks at any time if BIOptimizers determines they were improperly or mistakenly obtained, accrued, or credited. BIOptimizers has the right, in its full and final discretion, to cap the total number of BIObucks a Member can accumulate on a given periodic basis, such as per month or year.
6. BIObucks Expiration, and Non-Transferability
Unless prohibited by law, all BIObucks will be automatically forfeited upon termination of the Program or cancellation or termination of either the Member’s Account or Member’s participation in the Program. BIObucks cannot be earned by a Member after the Program is terminated or the Member’s participation in the Program has been terminated, regardless of whether such termination is by such Member or by BIOptimizers. Unless prohibited by law, BIOptimizers may at any time establish an automatic expiration period for BIObucks, such that all unused BIObucks expire within a certain period of time after their date of issuance.
Membership, Accounts, BIObucks, and offers are non-transferable, have no cash value, may not be purchased, and are not redeemable for cash under any circumstances except as required by law. Accumulated BIObucks and offers do not constitute property of the Member. Accumulated BIObucks and offers are not transferable by the Member upon death, as part of a domestic relations matter, or otherwise. BIObucks and other benefits might be subject to taxation where required by applicable law. Accrual and redemption of BIObucks are void where prohibited by applicable laws or regulations and are subject to change as may be necessary to comply with such laws or regulations. Individuals or entities using the Program for profit or seeking to profit are not eligible to become Members or to accumulate BIObucks.
7. BIObucks Usage and Exclusions
BIObucks can be used only at www.bioptimizers.com. BIObucks may not be used with any affiliates or partners of BIOptimizers, or with any third-party stores, wholesalers, distributors, or retailers that may sell BIOptimizers products, whether brick-and-mortar or online.
To use your BIObucks, you must login to your Account and apply them during the checkout process through the Website to reduce the amount payable at checkout. If the price of the product(s) you wish to purchase at checkout is more than the total BIObucks in your account permitted to be applied toward such purchase, you will need to pay for the remaining cost of such product(s).
Unless prohibited by law, BIOptimizers may at any time establish an automatic expiration period for BIObucks, such that all BIObucks expire within a certain period of time after their date of issuance. Members may be notified of additional eligible and ineligible products at the point of checkout. BIOptimizers reserves the right to impose further exclusions and limitations related to BIObucks as it deems necessary or advisable.
8. No Resale of Products Obtained Under the Program
Products purchased or obtained under the Program are solely for personal use of Members. Members are prohibited from reselling any product purchased or obtained under the Program, whether those items were purchased with BIObucks or to earn BIObucks. In the event a Member engages in the resale of any product purchased or otherwise obtained through the Program, BIOptimizers reserves its rights to take any and all actions it deems necessary to address such violation, including, but not limited to, terminating the Member’s Membership and forfeiture of the Member’s BIObucks accrued in the Program.
9. Cancellation
Members can terminate their Membership by notifying BIOptimizers Customer Support through any of the Contact Methods listed above. BIOptimizers, in its sole discretion, reserves the right to cancel any Membership at any time, with or without notice. Cancellation of Membership will result in forfeiture of all BIObucks you’ve accumulated. Members who cancel voluntarily may not re-activate their previous Account but are eligible to open a new Account, without the benefit of the previously accumulated BIObucks.
You may not earn BIObucks after cancellation, nor use BIObucks after cancellation. Please be aware that, in some cases, you may continue receiving messages, including messages that were scheduled for delivery prior to cancellation, for a brief period of time after you cancel your Membership.
10. Changes, Termination, Removal from Program
BIOptimizers may, in its sole discretion, alter, limit, or modify any aspect of the Program, including its rules, benefits, Membership eligibility, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse), or may terminate the Program any time at its sole discretion, by posting any such changes on the Website.
BIOptimizers reserves the right to exclude any individual from participation in the Program at any time and for any reason without incurring liability. Any abuse of the Program, non-compliance with these T&C or any other terms of the Program, any misrepresentation or any conduct detrimental to the interests of BIOptimizers, including without limitation any attempt by you to earn BIObucks or use BIObucks fraudulently or through other than legitimate channels or tamper with the BIObucks earning or usage process, or your violation of applicable law, may in each case result in revocation of your Membership and future disqualification from participation and forfeiture of all BIObucks earned under the Program. If your Membership is revoked or otherwise canceled, any BIObucks in your account will be automatically forfeited and expire. In connection with the enforcement of any of these T&C governing the Program, BIOptimizers reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys' fees, and court costs. The failure to exercise or enforce any right hereunder or any other provision of this T&C shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BIOptimizers in writing.
11. Legal Terms
Entire Agreement. These T&C, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between BIOptimizers and Member relating to the subject matter hereof and supersedes any prior versions of these T&C as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
Proprietary Rights. You acknowledge that Program content (including but not limited to text, sound, photographs, graphics, button icons, digital downloads, data compilations (including Member and BIOptimizers information), logos, or other material contained in any BIOptimizers communication, advertisement, or message, whether by BIOptimizers or its advertisers), information about BIOptimizers and its products and services, copyrights, trademarks, service marks, trade names, and software are protected by copyright, trademark, service marks, patents, and/or other proprietary rights and laws; therefore, any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written permission of BIOptimizers or its appropriate affiliate or licensor. BIOptimizers does not license any sponsor, advertiser, partner, Member, or user to use any portion, or all, of the Program without our express prior written consent.
Notices. Notices given by BIOptimizers will be transmitted, in our sole discretion, by e-mail or postal mail to the physical addresses (if any) on file with your Account, or by general posting on the Website.
Waiver of Claims. Participation in the Program and any of its associated benefits is at the Member’s sole risk. The Program benefits are provided only on an “as is” and “as available” and “with all faults” basis. The Member hereby releases and waives any and all claims against BIOptimizers and its parents, subsidiaries, and affiliates, and each of their employees, directors, officers, managers, members, shareholders, agents, representatives, vendors, and contractors (collectively, the “Program Providers”) arising out of, or in connection with, the Member’s enrollment or participation in the Program, the availability or usage of BIObucks, the information available thereon, the modification or termination of this Program or any aspect of the Program.
Severability. If any provision of these T&C or portion of a provision is held to be unlawful, void, or for any reason unenforceable, that provision (or portion of the provision), to the extent required, will be severed from these T&C but such severance will not affect the validity and enforceability of the remaining provisions of these T&C.
Limitation of Liability. The Program Providers shall not be liable to Member or anyone else for any loss or injury, or any direct, indirect, incidental, consequential, special, punitive, or similar damages, including, but not limited to, loss of profits, goodwill, use, data, or other intangible losses, arising out of the Member’s (i) access or use of, or inability to access or use, the Program or the BIObucks, (ii) unauthorized access to or alteration of Member’s Program account data, including BIObucks, (iii) access or use of, or inability to access or use, information made available through the Program or arising out of any action taken in response to or as a result of any information available through the Program, or (iv) any other matter relating to the Program. In addition, BIOptimizers is not responsible, and assumes no liability, for any changes or discontinuances of goods or services from our suppliers, which may affect the availability of options for the accrual or usage of BIObucks. In no event will the Program Providers’ collective total liability to you for all damages, losses, or causes of action exceed $50 USD or the value of any used BIObucks that is subject to such damage, loss, or cause of action, whichever is greater.
Disclaimer of Warranties. The Program Providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, warranties related to the availability and use of BIObucks, and any warranties that the Program will be uninterrupted, timely, or error free, or that defects will be corrected. No advice or information, whether oral or written, obtained by a Member from or through the Program or BIOptimizers shall create any warranty not expressly made herein. BIOptimizers shall not be liable or responsible for any guarantees, warranties, or representations, if any, offered by advertisers, manufacturers of products, or suppliers of services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or other damages. Accordingly, some of the above limitations and exclusions may not apply to you.
Indemnification. You agree to indemnify and hold the Program Providers harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) your participation in the Program, (ii) your use of any BIObucks, or (iii) your violation of these T&C, except to the extent such claims arise from BIOptimizers' own gross negligence or intentional misconduct. You understand, acknowledge, and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Program or T&C must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Choice of Law; Jurisdiction. These T&C will be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Program will be brought only in the federal or state courts located in the State of Nevada. A printed version of these T&C will be admissible in judicial and administrative proceedings based upon or relating to these T&C to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
General. Our failure to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision by us. If any provision of these T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our T&C remain in full force and effect. By participating in the Program, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these T&C, and to abide by and comply with these T&C.
Arbitration. PLEASE READ THIS SECTION REGARDING ARBITRATION VERY CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND BIOPTIMIZERS HAVE AGAINST EACH OTHER ARE RESOLVED.
This arbitration section of these T&C is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and BIOptimizers agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these T&C, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Program, (ii) any purchases or other transactions or relationships with BIOptimizers, or (iii) any data or information you may provide to BIOptimizers or that BIOptimizers may gather in connection with such use, interaction or transaction (collectively, “BIOptimizers Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. You agree to resolve any disputes or claims arising out of or relating to your participation in the Program exclusively through binding arbitration, except where prohibited by law. However, this agreement does not limit your right to pursue claims through small claims court where applicable or to opt out of arbitration within thirty (30) days of enrollment in the Program by written notice to Customer Support by mail at the address set forth in above. By using or interacting with the Program, or engaging in any other BIOptimizers Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Program, you agree that any complaint, dispute, or disagreement you may have against BIOptimizers, and any claim that BIOptimizers may have against you, arising out of, relating to, or connected in any way with these T&C or any BIOptimizers Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, BIOptimizers agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and BIOptimizers (the “Arbitrator”).
(b) Arbitrator will Interpret this Agreement. The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these T&C and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these T&C is void or voidable.
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and BIOptimizers; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or video conference or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of Nevada consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Nevada or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief.
(e) No Class Relief. The Arbitration can resolve only your and/or BIOptimizers’ individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.
(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
(g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, BIOptimizers will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith.
(h) Reasonable Attorney’s Fees. In the event you recover an Award greater than BIOptimizers’s last written settlement offer, the Arbitrator shall also have the right to include in the Award BIOptimizers’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but BIOptimizers shall in all events bear its own attorneys’ fees.
(i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor BIOptimizers shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
(j) Modification of Arbitration Clause with Notice. BIOptimizers may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after BIOptimizers has given notice of such modifications and only on a prospective basis for claims arising from BIOptimizers Transactions and Relationships occurring after the effective date of such notification.