Welcome to https://Biocient.com/ (the “Site”, including any and all of its subdomains and associated mobile web applications), a website of Biocient, Inc. (“Biocient”, “Company”, “we”, “our”, or “us”). These Terms & Conditions (the “Agreement”) govern your use of and access to the Site. We use the Site to provide information about the Company.
By accessing or using the Site you are confirming that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Biocient Privacy Policy, whether or not you are a registered user of the Site. Your access to and use of the Site, and your continued access to and use of the Site, make you a Site User. This Agreement governs your relationship with the Company through your use of the Site.
This Agreement applies to and is binding on Site Users. If you do not agree to be bound by the terms stated herein you should not use or access the Site.
This Agreement may be amended by the Company from time to time, and at any time, with or without prior notice, in our sole discretion. We may post a revision date on the Site when a material change or update has been made, however, it is ultimately your sole responsibility to review this Agreement periodically to assure your continued agreement to be bound by the terms stated herein. If at any time you find any of the terms of this Agreement disagreeable, you must immediately leave the Site and cease all use of the Site.
YOU AGREE THAT BY USING THE SITE YOU CONFIRM AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT OR YOU HAVE THE CONSENT OF A PARENT OR LEGAL GUARDIAN AND WITH SUCH CONSENT YOU OR YOUR PARENT/GUARDIAN ACTING ON YOUR BEHALF ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
MINORS: THIS SITE IS NOT INTENDED TO BE USED BY ANYONE UNDER THE AGE OF 18.
Any use or access to the Site by anyone under the age of 13 is strictly prohibited and is in violation of this Agreement.
We care about your privacy. Personal Information (as that term is defined in our Privacy Policy) and other forms of data provided to the Company are subject to our Privacy Policy, which is incorporated into this Agreement by reference. By using the Site you agree to the terms of the Privacy Policy and consent to have your personally identifiable information collected, used, transferred and processed in accordance therewith.
When accessing the Site you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
The Company provides, and third parties may provide, links to other sites and resources on the Internet. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
© 2024 Biocient, Inc. Company copyrighted material shall not be resold or uploaded to be shared or redistributed.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY MAKES NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE INFORMATION, INCLUDING BUT NOT LIMITED TO INFORMAITON OR RESULTS PROVIDED THROUGH THE SITE, THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL DISPLAYED ON THE SITE WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE USE OF THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. COMPANY DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO RELEASE THE COMPANY AND HOLD US HARMLESS FROM ANY AND ALL ALLEGATIONS, CLAIMS AND CAUSES OF ACTION OF ANY KIND OR TYPE ALLEGED TO HAVE RESULTED FROM USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO AND WITHOUT ANY LIMITATION, ANY AND ALL INFORMATION PROVIDED, COMMUNICATED OR OTHERWISE TRANSMITTED, ANY AND ALL OPINIONS, ADVICE OR ADVISORY STATEMENTS, SUGGESTIONS, AFFIRMATIVE ACTS, OR OMMISSIONS, THROUGH CONTENT AVAILABLE ON THE SITE.
YOU AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU, YOUR REPRESENTATIVES OR ANY THIRD PARTIES FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF OR THE INABILITY TO USE THE SITE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY FOR DAMAGES ARISING FROM YOUR ENGAGEMENT WITH THE COMPANY THROUGH THE USE OF THE SITE AND THIS AGREEMENT OR OTHERWISE WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF TO THE COMPANY IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE ALLEGED CLAIM. If the applicable law does not allow for the limitation of liability as set forth in this Section 7, such limitation shall be deemed modified solely to the limited extent necessary to comply with applicable law.
You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, specialists, hypnotherapists and coaches and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, (c) violation of this Agreement, or (d) infringement of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement constitutes the entire agreement between you and us and you confirm and warrant that you have not relied upon any representations or promises by the Company other than those as set forth herein. Terms which, by their nature, must remain in effect beyond the termination or expiration of this Agreement shall also survive, including, but not limited to, Sections 15, 17 – 24.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, logos, or other intellectual property owned by Company or by any third party.
Company may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the Site; and (c) discontinue the Site at any time. Company shall post any revision to this Agreement to the Site, and the revision shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
You may not assign or delegate any rights or obligations under this Agreement, the Privacy Policy, or any applicable Consent Agreements (collectively, “Agreements”). Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreements, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Company for any third party that assumes our rights and obligations under these Agreements.
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