Terms & Conditions
BIOPURE Supplements reserves the right, in its sole discretion, to make changes to our Website, these Terms, the policies and conditions that govern the use of our Website and an individual’s access to this website at any time, or to terminate this Website without notice. It is recommended that you periodically read these Terms for any updates or changes. Your continued access or use of our Website shall be deemed your acceptance of these changes.
This Website is provided by BIOPURE Supplements, and these Terms provide to you (“you” or “user”) a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Website conditioned on your continued compliance with these Terms.
The foregoing license is limited. You therefore may not (1) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Website (or any part thereof) in any manner not expressly permitted by these Terms, (2) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof); (3) access, link to, or use any source code from the Website (or any part thereof); or (4) erase or remove any proprietary or intellectual property notice contained in or on the Website (or any part thereof). In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
Restrictions on Use of Materials
Purchase of Products
You may be provided with the opportunity to purchase products and/or services through the BIOPURE Supplements Website or from third-party web sites linked to the BIOPURE Supplements Website. Products and services purchased through or provided by third-party websites are subject to the terms and conditions of such third-parties and their websites, and BIOPURE Supplements shall have no liability or responsibility for such purchases.
Any statements on this Website or any materials or supplements distributed or sold by BIOPURE Supplements have not been evaluated by the Food and Drug Administration (FDA). Neither the products nor the ingredients in any of the products available on the Website have been approved or endorsed by the FDA or any regulatory agency. The products on the Website are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in BIOPURE Supplements e-mails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, have a history of heart conditions, or any other medical condition, we suggest consulting with a physician before using any of our products.
While the advice of our wellness specialists is based on their knowledge and experience, their advice and recommendations are not intended to replace the advice of your physician. You are encouraged to seek advice from a competent medical professional regarding the applicability of any recommendation with regard to your symptoms or condition.
Additionally, these products are not intended for use by persons under 18 years of age unless expressly stated on the product label, and then only under adult supervision.
BIOPURE Supplements reserves the right to modify or discontinue, temporarily or permanently, the Website as a whole and any or all of the Website features, products, prices of products, services or information appearing on, or available through, any or all of the Website with or without notice to you. You agree that BIOPURE Supplements shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.
Submission of Information and/or Material
You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Website, including, without limitation, when you provide information via a Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, BIOPURE Supplements reserves the right to terminate immediately your access to and use of this Website. In addition, you agree that you will not make any transmission or submission to this Website that violates any laws or regulations or infringes or violates the rights of any person or entity. By making communications or submitting information, success stories, testimonials, feedback, and/or photographs (collectively, “Submissions”) to the Website, chat rooms, message or discussion boards or other forums, or in contests or sweepstakes, you agree that such Submission is not confidential for all purposes and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make any such Submission, you automatically grant BIOPURE Supplements a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, post, disseminate edit, translate, distribute, perform, and display the Submission (including, without limitation, your photograph or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. BIOPURE Supplements may sublicense its rights through multiple tiers of sublicensees. BIOPURE Supplements is not and shall be under no obligation to (1) maintain any Submissions in confidence; (2) pay compensation for any Submissions; or (3) respond to any Submissions.
The BIOPURE Supplements Website provides links to other third-party web sites and resources. These links are for your convenience only and are not under our control. You acknowledge and agree that BIOPURE Supplements is not responsible for the availability of such external websites or resources, and does not endorse any such website or resource, its use or contents, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that BIOPURE Supplements 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 your use of or reliance on any such content, goods or services available on such external websites or resources. In the event you decide to access or use any of these other web sites or resources, you agree you do so at your own risk.
You agree to indemnify and hold BIOPURE Supplements, our related companies and each of our and their respective directors, officers, employees, agents, affiliates, third-party information providers, licensors, contractors and others involved in the delivery of products, services or information through the Website (collectively, “Indemnified Parties”), arising from, in connection with, or relating to, any breach of these Terms by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Website.
This Agreement and its performance shall be governed by the laws of the state of New York, United States of America, without regard to its or any jurisdiction's conflict of law provisions. Should the arbitration provision below be found to be inapplicable or unenforceable, you consent and submit to the exclusive jurisdiction of the state and federal courts located in the County of New York, state of New York, United States of America, in all questions and controversies arising out of your use of the Website and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Website must be brought within two (2) years from the date on which such claim or action arose or accrued. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial, arbitration, or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form.
Arbitration And Class Action Waiver
Any controversy or claim arising out of or related to the use of the Website that cannot be resolved through an informal process or through negotiation within 120 days shall be settled by binding arbitration administered by the American Arbitration Association, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the COUNTY OF NEW YORK but may proceed telephonically (if the claimant so chooses). IF YOU INITIATE AN ARBITRATION, BIOPURE SUPPLEMENTS WILL PROMPTLY REIMBURSE YOU FOR ANY STANDARD FILING FEE WHICH MAY HAVE BEEN REQUIRED ONCE YOU HAVE NOTIFIED BIOPURE SUPPLEMENTS IN WRITING AND PROVIDED A COPY OF THE ARBITRATION PROCEEDINGS.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and may be conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879.
You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis. If any portion of this class action waiver is limited, void, or unenforceable, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the state and federal courts in NEW YORK.
Limitation of Liability and Disclaimer
You expressly agree that use of our Website is at your sole risk and the Website is provided on an “as is” and “as available” basis to the fullest extent permissible pursuant to applicable laws.
BIOPURE Supplements and its parents, affiliates (and their franchisees and licensees) and subsidiaries (collectively, “affiliates”) 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, title, and non-infringement. BIOPURE Supplements and its affiliates make no warranty, express or implied, that the Website or any services, products, or information obtained on or through the Website will meet your requirements or will be uninterrupted, timely, secure, or error free; nor does BIOPURE Supplements or its affiliates make any warranty, express or implied, as to the results that may be obtained from the use of the Website or any services, products or information obtained on or through the Website or as to the accuracy, completeness or reliability thereof. BIOPURE Supplements makes no commitment to update or correct any information that appears on the Website or any Website linked hereunder.
You understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from the Website is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to property including computer systems or loss of data that results from the download of such material and/or information and any bodily injury. BIOPURE Supplements is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; or incomplete, garbled or delayed computer transmissions. Under no circumstances will BIOPURE Supplements or its affiliates or third-party contractors or suppliers be liable for any damages or losses that result from the use of the materials on this Website, even if advised in advance of such damages or losses. BIOPURE Supplements and its affiliates make no warranty regarding any goods or services purchased or obtained through or from the Website or any transactions entered into through the Website. No advice or information, whether oral or written, obtained by you from BIOPURE Supplements or through or from any service or product on the Website shall create any warranty not expressly stated herein. Some jurisdictions do not allow the exclusion of certain warranties for consequential or incidental damages, in which case the above limitation may not apply to you.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR PRODUCTS OF SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO US WITHIN THE 12 MONTHS PRECEDING ANY CLAIM.
Termination of Agreement or Account
These Terms will take effect at the time you place an order, register, respond to a request for information, or begin downloading, accessing, or using the Website, whichever is earliest. BIOPURE Supplements reserves the right at any time and for any reason to deny you access to this Website or to any portion thereof, and BIOPURE Supplements shall have the right to immediately terminate a user’s account in the event of any conduct by a user which BIOPURE Supplements, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms. Termination will be effective, with or without notice. You may also terminate this Agreement at any time by ceasing to use the Website, but all applicable provisions of these Terms will survive termination. The provisions concerning BIOPURE Supplements’s proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms, and governing law will survive the termination of these Terms for any reason.
Failure to insist on strict performance of any of these Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by BIOPURE Supplements of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect. We may perform any of our obligations or exercise any of our rights under these Terms through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If BIOPURE Supplements, or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms. You may not assign your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Notwithstanding the foregoing, BIOPURE Supplements may assign this Agreement in whole or in part. Moreover, BIOPURE Supplements may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement. No joint venture, partnership, employment, or agency relationship exists between you and BIOPURE Supplements, as a result of these Terms or your use of this Website. These Terms, and any other agreement or terms or conditions for services, subscriptions, or licenses for products or services available through the Website, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and BIOPURE Supplements, with respect to use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and BIOPURE Supplements, with respect to this Website.