ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND ABC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
Use of Site and Site Content
Use of the Site. When you access the Site, you agree that you will not:
Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available:
any material that is false, unlawful, threatening, tortious, disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Bioimis’s sole discretion;
information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right;
material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user’s uninhibited use and enjoyment of the Site, interferes with or disrupts the Site or servers or networks connected to the Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Site; or
any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” requests for money, petitions for signature, or any other form of solicitation;
Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity;
Use or attempt to use another’s information, account, password, service or system except as expressly permitted; or
Solicit or collect personal data about other users, including without limitation, telephone numbers, addresses, last names, financial information, passwords, codes, or email addresses.
Ownership of Site Materials and Intellectual Property
Ownership. The Site includes all materials that comprise or are otherwise a part of the Site (including past, present and future versions of the Site), including, without limitation graphics; layout; text; instructions; images; graphs; charts; trademarks, logos, service marks; software (including HTML-based programs); audio; music; videos; designs; technology; applications; artwork; information; data; reports; designs; compilations; advertising copy; domain names; photographs; text; any and all copyrightable material (including source and object code); the "look and feel" of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Materials”).
Linking to the Site. Bioimis grants you the revocable permission to link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not suggest any form of association, approval, sponsorship or endorsement by Bioimis where none exists. Bioimis reserves the right to withdraw linking permission without notice.
User Content; License to Bioimis
The Site may provide you and other users the opportunity to submit, display or post to the Site a variety of information, content or media, including videos, images, computer code, and text (collectively, “User Content”). Bioimis does not control the User Content made available via the Site and therefore does not guarantee the accuracy, integrity or quality of any User Content.
Responsibility for User Content. You understand that you are solely responsible for your User Content, however submitted. Bioimis assumes no, and you assume all, responsibility or liability arising from or related to any User Content submitted to or posted to the Site, including responsibility or liability for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information you submit to or post to the Site.
We have no obligation to monitor the Site or any User Content made available via the Site. However, you acknowledge and agree that Bioimis has the right to monitor the Site and User Content you provide and the right (but not the obligation) to delete, edit, move, or disable any such User Content in whole or in part subject to Bioimis’s sole discretion. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in your User Content, any loss of your User Content or for any loss or damage of any kind incurred as a result of your User Content.
License to Bioimis. Your User Content, whether submitted via the Site or otherwise to Bioimis, will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. You remain the owner of your User Content, but, when you make a submission, you automatically grant to Bioimis a worldwide, non-exclusive, assignable, royalty-free, perpetual right and license to use, modify, adapt, copy, display, disclose and create derivative works based upon your User Content (including without limitation any and all intellectual property and proprietary rights in such User Content) for the purpose of providing and supporting the services, functionality and features of the Site, and administering, improving or enhancing the Site, and for Bioimis’s internal purposes. You agree and understand that Bioimis is not obligated to post or use your User Content submitted through the Site or otherwise, and may alternatively choose to discard or remove your User Content without any liability whatsoever. You agree that Bioimis has no obligation to monitor or enforce your intellectual property rights to your User Content.
User Interactions and Disputes
You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
Accounts, Security and Passwords
If you create an account on the Site, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your account or any account rights. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility.
After you have fully completed the registration form, you may be asked to choose a password and a user name. It is your responsibility to maintain the confidentiality of your password and account. You agree to notify Bioimis immediately of any unauthorized use of your account. Bioimis is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
You agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data. By providing us with your contact information, you agree and consent to receive communications from us at such contact information.
If you wish to close your account and delete all your data in our possession you must make an explicit request by writing to: email@example.com
Registration. You may use or register for the Site without enrolling in the Bioimis Nutritional Program (the “Program”). However, you must register for an account in order to participate in the Program.
The Program is exclusively a coaching program for a personalized nutrition menu, based on dietary advice regarding common foods, easily purchased at any store or supermarket, finalized to improve one's own physical shape, resulting in conditions suitable for weight loss. The Program does not cure any disease or disorder, and health related results, obtained and reported by third parties, do not represent a guarantee on the actual result, nor does it represent the norm. Timing and amount of weight loss vary from person to person based on the initial weight, the individual metabolism, lifestyle, exercise and proper nutrition. You must undertand the possibility of non-reproducibility of the results obtained by any other person or that has been presented in any advertising or promotion by us.
This Program is intended for use only by healthy adult individuals. The Program is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
Payment Terms. You agree to pay, and authorize our third party payment processor to charge using your selected payment method, for all applicable fees and taxes that may accrue in relation to your subscription to use the Program. The fees for your subscription are shown on the registration page you access when creating your account, or in a location as otherwise designated by us. All fees are non-refundable except as required by law; provided that you may cancel and receive a full refund within 14 days of purchase only if you have not yet activated the Program (e.g., by requesting the first menus) during that 14 day time period.
You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate your subscription to the Program if fees are 30 days past due.
Unless your Program fees have been paid for by one of our Business Customers, your Program subscription will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the Program or continued use of the paid subscription features of the Program will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew. The renewal charge will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. If (i) you purchased a multiple-period prepayment plan or (ii) you were eligible for a promotional rate but are no long eligible for that rate, then you will be able to renew your subscription at our then-current non-promotional subscription rates at the start of the renewal period. If you wish to renew and we are currently offering promotional rates at such time, you must renew your subscription prior to the termination of your current plan. If you fail to renew your subscription before the scheduled expiration date, then the then-current non-promotional subscription rate will apply.
If you wish to terminate your subscription to the Program, you must notify us by contacting firstname.lastname@example.org. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid subscription for the Program, your subscription will remain active until the end of your then-current subscription period.
Business Customers. We may offer our services through third party commercial customers (“Business Customers”) for a specified period. A Business Customer generally provides you with a unique activation code that allows you to access certain Program features purchased by such Business Customer for a specified period. In such instance, your access to the Program has been paid for by our Business Customer, and you will be able to use Program features until the expiration of a specified term agreed between Bioimis and such Business Customer. The Business Customer may terminate access to your account (which may be different from your personal account) at any time. You agree that we will not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our services that were originally provided to you by such Business Customer.
Disclaimer of Medical Liability. Bioimis does not provide medical advice. The Content on the Site is for general informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Unless otherwise stated, statements about products and health conditions have not been evaluated by the U.S. Food & Drug Administration. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. ALWAYS SPEAK WITH A PRACTITIONER BEFORE MAKING ANY CHANGES TO YOUR DIET OR NUTRITION. Never disregard professional medical advice or delay in seeking it because of something you have read on our Site. If you think you may have a medical emergency, call your physician or 911 immediately. Reliance on any information provided by Bioimis or our employees, other people appearing on the Site at the invitation of Bioimis, or other visitors to the Site is solely at your own risk.
Disclaimer of Warranties. Bioimis strives to provide accurate and up-to-date material on the Site. HOWEVER, NEITHER BIOIMIS NOR ANY PERSON ASSOCIATED WITH BIOIMIS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS, OR ACCURACY OF THE SITE OR THE CONTENT. NEITHER BIOIMIS NOR ANYONE ASSOCIATED WITH BIOIMIS REPRESENTS OR WARRANTS THAT THE SITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF BIOIMIS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS”, "WITH ALL FAULTS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND BIOIMIS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
BIOIMIS DOES NOT WARRANT OR GUARANTEE THAT YOUR ACTIVITIES, OR USE OF THE SITE, ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, BIOIMIS SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
BIOIMIS SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, DEATH, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) BASED UPON OR RESULTING FROM ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER SUBMISSIONS MADE OR DISPLAYED ON, OR USE OF, THE SITE (INCLUDING, WITHOUT LIMITATION, ANY USER OF THE SITE).
Some jurisdictions may not allow the exclusion of implied warranties, so the foregoing may not apply to you.
Limitation of Liability
NEITHER BIOIMIS, ANY OF ITS AGENTS, LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIOIMIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR THE CONTENT. USE OF THE SITE AND THE CONTENT IS AT YOUR SOLE RISK.
Third Party Links
The Site may contain links to third-party websites, video streams, services and features. Functionality on the Site may also permit interactions between the Site and a third party website, video stream, or online feature, including functionality that allows you to connect the Site or your profile on the Site with a third party site. These links are provided for your convenience only. Bioimis does not endorse any third party websites not under the control or operation of Bioimis, and has not reviewed any or all such websites that may be linked to this Site.
You understand and agree that we are not responsible for your use of these third party websites, video streams, or services, and that your use of such sites, streams, or services is subject to the terms and conditions established by such third parties. We are not responsible for the content of such websites or the privacy practices of third parties. If you decide to access any of the third-party websites linked to the Site, you do so at your own risk and subject to such websites’ terms and conditions and privacy policies.
Further, you may choose, at your sole and absolute discretion and risk, to use applications or other functionality that connects the Site or your profile on the Site with a third party web site or service (“Third Party Interactions”) and such Third Party Interactions may interact with, connect to or gather and/or pull information from and to your profile or account on the Site or another third party web site or service. By engaging in such Third Party Interactions, you acknowledge and agree to the following: (i) if you use Third Party Interactions to share information relating to your accounts on the Site, you are consenting to the information about your account being shared; (ii) your use of Third Party Interactions may cause personally identifying information to be publicly disclosed and/or associated with you, even if Bioimis has not provided such information; and (iii) your use of Third Party Interactions is at your own option and risk, and you will hold Bioimis harmless for the sharing of information relating to your accounts on the Site that results from your use of Third Party Interactions. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on or in connection with Third Party Interactions.
Descriptions of, references to, or links to products, services or publications within the Site do not imply endorsement of that product, service or publication.
United States Only
Unless otherwise specified, the Site and the Content are presented solely for the purpose of promoting products and services available in the United States. If you access the Site from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws regarding online conduct and acceptable content. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
If a dispute arises between you and Bioimis, our goal is to provide you with a cost effective means of resolving the dispute quickly. When you have a problem with Bioimis, you agree that you will first give Bioimis an opportunity to resolve your problem or dispute. You may send a written description of your dispute to: email@example.com
Jury and Class Action Waiver. BOTH YOU AND BIOIMIS WAIVE THE RIGHT TO RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. BOTH YOU AND BIOIMIS WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION RELATED ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE.
Upon termination, you must destroy all Materials obtained from the Site, along with related Materials including immediately discontinuing the use of any links to the Site. All rights granted to you will automatically terminate and immediately revert to Bioimis and its licensors.
Phone: USA 0013239271009