Terms of Use

Last Updated: September 13, 2022

Introduction

This website is the property of BioCare, Inc. (“BioCare”, “we”, “us” and “our”). By visiting this website and accessing the information, Resources (defined below), services, products, and tools we provide, you understand and agree to accept and comply with the following terms and conditions (hereafter referred to as “Terms of Use”), along with our Privacy Policy. These Terms of Use govern your access to and use of www.biocaresd.com (the “website”), including any content, functionality and services offered on or through the website.

We reserve the right to change these Terms of Use at any time without prior notice. If we change the Terms of Use, we will post the new Terms of Use and update the modification date above. We may also show on the website that the Terms of Use has been updated, but we are not required to provide notice. All changes are effective immediately when we post them and apply to all access to and use of the website thereafter. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically to see any modifications. Your continued use of a website constitutes acknowledgment and agreement to be bound by the modified Terms of Use and Privacy Policy.

We reserve the right to withdraw or amend the website, and any service or material we provide on the website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users.

The website is offered and available to users who are 18 years of age or older. By using the website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet this requirement, you must not access or use the website.

Access, Responsible Use and Conduct

Access

You are responsible for making all arrangements necessary for you to have access to the website.

You may be required to provide certain information about yourself to use the website, including as part of the registration process or to use certain Resources. You agree that any information you provide will be accurate, correct and up to date. Use of pseudonyms (false names), false phone numbers, false mail addresses or false email addresses is not permitted. We may also collect information, such as information about the IP address of the computer you are using, and we may use cookies. More information is available in the Privacy Policy. You are responsible for maintaining the confidentiality of your login information. You are responsible for all activities that occur using your username or password, or otherwise occurring under your account(s). Use of another person’s login credentials is prohibited.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Accessing or attempting to access any of our Resources by any means other than through the means we provide is strictly prohibited. Use of web or screen scraping, robots, or other automated means of accessing, categorizing, or collecting Resources, other than standard use of web-based search engines, is specifically prohibited.

Conduct

Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited, and may subject you to civil or criminal liability. The Resources are valuable proprietary property of BioCare. Attempting to copy, duplicate, reproduce, sell, trade, or resell the Resources is strictly prohibited. You are solely responsible for any consequences, losses or damages that directly or indirectly result or occur due to any unauthorized activities or omissions that can be attributed to you including any criminal or civil liability.

You agree not to:

  • Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website.
  • Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.
  • Use any manual process to monitor or copy any of the material on the website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
  • Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the website.

Website Content

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, wikis, product ratings and reviews or various social media interactions, among others. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools. If you choose to access and use these tools, it is your personal responsibility to use these tools in a responsible and ethical manner. You agree that you will not upload, post, share or otherwise distribute any content that:

  1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  3. Contains any type of unauthorized or unsolicited advertising; or
  4. Impersonates any person or entity, including any BioCare employees, affiliates, or representatives.

We have the right at our sole discretion to remove any content that we feel does not comply with these Terms of Use, or that we feel is otherwise offensive, harmful, objectionable, inaccurate or violates any third-party intellectual property. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal and waive any claim against us. We are not required to return any removed content to you.

We do not assume any liability for any content posted by you or any other third-party users on the website. However, any content posted by you using any open communication tools on the website becomes the property of BioCare and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided as part of the registration process or is necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy. Further, BioCare does not claim any proprietary rights in materials owned by third parties.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy. The Privacy Policy explains in detail how we collect, manage, process, secure and store your private information. Our Privacy Policy is included by reference within these Terms of Use.

Limitation of Warranties

By using the website, you understand and agree that all Resources we provide are “as is” and “as available.” This means that we do not represent or warrant to you that:

  • The use of our Resources will meet your needs or requirements.
  • The use of our Resources will be uninterrupted, timely, secure, or free from errors.
  • The information obtained by using our Resources will be accurate or reliable.
  • Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  • Any content downloaded or otherwise obtained through the use of the Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any damage including, but not limited to, loss of data that may result from the download of such content.
  • No information or advice, whether express, implied, oral, or written, obtained by you from any BioCare website or through any Resource shall create any warranty, guarantee or conditions of any kind.
  • BioCare does not practice medicine. Any medical questions should be addressed to your healthcare professional.

Intellectual Property Rights

The website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BioCare, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the website or any services or materials available through the website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of these Terms of Use, your right to use the website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by BioCare. Any use of the website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Copyrights and Trademarks

All content and materials available on the website including, but not limited to, published texts, documents, graphics, website names, code, images, and logos are the intellectual property of BioCare and are protected by applicable copyright and trademark law. Any unauthorized use including, but not limited to, the reproduction, distribution, display, or transmission of any content on the website is strictly prohibited, unless specifically authorized in writing by BioCare or authorized agents.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the website and Resources with or without notice and for any reason including, without limitation, breach of these Terms of Use. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources will immediately cease. We further reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Indemnification

You agree to defend, indemnify, and hold harmless BioCare and its respective directors, officers, managers, employees, agents, and licensors from and against all losses, expenses, liabilities, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or the failure to fulfill any obligations relating to your account or incurred by you or any other person using your account or login credentials. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Use. In such event, you shall provide us with such cooperation as is reasonably requested by BioCare.

Limitation of Liability

ALONG WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST BIOCARE IS LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE WEBSITE OR RESOURCE IN QUESTION, OR FOR USE OF PRODUCTS AND/OR SERVICES DIRECTLY RELATED TO THE LOSS OR INJURY. BIOCARE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF USING THE RESOURCES, OR AS A RESULT OF ANY CHANGES, DAMAGE, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS OR DOWNTIME. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULL EXTENT PERMITTED BY LAW.

Governing Law

At BioCare’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.

This website is controlled from our corporate offices located in the State of Arizona, USA. It can be accessed from most countries around the world. By accessing the website, you agree that the statutes and laws of the state of Arizona, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the website and the purchase of any products or services through these sites. You acknowledge that the privacy laws of the State of Arizona and the United States may differ from the privacy laws of your location, and you expressly agree to the application of the privacy laws of the State of Arizona and the United States, including laws regarding the use of cookies.

Any action to enforce these Terms of Use shall be brought in the federal or state courts located in the State of Arizona, United States. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Disclaimer

BIOCARE EXPRESSLY DISCLAIMS ALL GUARANTEES, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and BioCare regarding the website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.

Waiver and Severability

No waiver by BioCare of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BioCare to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Contacting Us

If there are any questions regarding these our Terms of Use as outlined above, you may contact us at the following mailing address or e-mail address:

BioCare, Inc.
Attn: Privacy Officer
2826 South Potter Drive
Tempe, AZ 85282
privacyofficer@biocaresd.com