PLEASE READ CAREFULLY BEFORE PROCEEDING TO ACCESS AND USE THIS SITE
The information, products, and services made available by Biotherapy, INC are not intended for use in the diagnosis or treatment of any health condition or as a substitute for consulting a licensed healthcare professional. Biotherapy, INC does not represent, warrant, or guarantee that any of its products or services will diagnose, treat, cure, mitigate, or prevent any medical condition or disease.
TERMS AND CONDITIONS
These are the Terms and Conditions that govern your access and use of biotherapystore.com and, if you qualify, the purchase and use of products and services made available from time to time on the site by the Biotherapy, INC. Please review these Terms and Conditions carefully and check back periodically to see if there have been any changes.
If at any time you do not agree to these Terms and Conditions, please exit the website and do not proceed to access and use the site.
Privacy and Security Statement
Biotherapy, INC respects your privacy. Please review our Privacy Statement. Biotherapy, INC reserves the right to monitor and investigate all use of this site, without notice, for violations of law and/or violations of these Terms and Conditions.
Limited Right to Access and Use this Site
You may access and use biotherapystore.com only for the lawful commercial purposes intended by Biotherapy, INC in providing the site. Any unauthorized access or use of any portion of this site, its content, data, computers, or networks, or interference with any operation of the site, or interception of any communication from or to the site, or any attempt to do one or more of these or other unauthorized or unlawful acts is strictly prohibited.
Transactions – Terms, Conditions, Policies and Shipping
All business transactions, including, but not limited to, product and service offerings, orders and purchases, applications, registrations, memberships, programs, and other activities made available via the biotherapystore.com site shall be subject to these Terms and Conditions and all such other specific terms and conditions as are expressly set forth on the site in price lists and sales and advertising materials, as provided from time to time by Biotherapy, INC.
Purchase Restrictions. Biotherapy, INC products may only be purchased by qualified healthcare practitioners, qualified healthcare students, qualified healthcare facilities (e.g., pharmacies, medical clinics, and hospitals), and consumers having a prescription issued by a qualified healthcare practitioner. Other restrictions may apply. Questions about qualifications should be directed to Biotherapy, INC at info@biotherapy-clinic.com or by calling 415.409.3939.
You agree that all information provided by you to Biotherapy, INC will be accurate and truthful.
You agree that you will notify Biotherapy, INC of any changes to your personal information as they occur and, if applicable, any change to your certification that may affect your qualification to conduct business with or purchase products from Biotherapy, INC or to prescribe the purchase of Biotherapy INC by others.
Biotherapy, INCreserves the right to limit, suspend, or terminate access and use of the biotherapystore.com site (in whole or in part) by any or all persons and entities at any time, without notice and for no reason stated, as Biotherapy, INC may decide in its sole discretion.
Biotherapy, INC reserves the right to add, modify, substitute, suspend or discontinue product or service offerings at any time, without notice and for no reason stated, as Biotherapy, INC may decide in its sole discretion.
USE AT YOUR OWN RISK – RELEASE AND INDEMNIFICATION FOR PRODUCT USE
ALL ACCESS AND USE OF THIS WEB SITE, ITS CONTENTS, PRODUCTS, AND SERVICES ARE AT YOUR OWN RISK.
CONSUMERS
BEFORE YOU CONSUME A BIOTHERAPY, INC PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL REGARDING THE APPLICATION, USE, HEALTH, SAFETY, AND/OR EFFECTIVENESS OF ANY DIETARY SUPPLEMENT OR OTHER HERBAL/BOTONICAL PRODUCTS OR INFORMATION AND INSTRUCTIONS PERTAINING THERETO.
You acknowledge and agree that the application or use of any dietary supplement product (including, but not limited to, herbal and other botanical products) involves UNFORESEEABLE RISKS AND UNCERTAINTIES.
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS BIOTHERAPY, INC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND SPONSORS, AND THEIR SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CAUSES OF ACTION AND CONSEQUENCES, LIABILITY, LOSSES AND/OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY TO YOU OR OTHERS) ARISING FROM OR RELATED TO THE APPLICATION OR USE (OR MISUSE) OF ANY INFORMATION OR PRODUCTS OBTAINED BY YOU, DIRECTLY OR INDIRECTLY, FROM BIOTHERAPY, INC , ITS AFFILIATES, REPRESENTATIVES, SPONSORS, AND/OR SUPPLIERS.
PROFESSIONALS
BEFORE YOU PRESCRIBE OR PROVIDE ANY BIOTHERAPY, INC PRODUCT TO ANOTHER, YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS BIOTHERAPY, INC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND SPONSORS, AND THEIR SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CAUSES OF ACTION AND CONSEQUENCES, LIABILITY, LOSSES, AND/OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY TO PATIENTS OR OTHERS) ARISING FROM OR RELATED TO THE APPLICATION OR USE (OR MISUSE) OF ANY BIOTHERAPY, INC PRODUCT PRESCRIBED BY YOU OR PROVIDED BY YOU TO ANOTHER.
Disclaimers of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN WRITING BY BIOTHERAPY, INC, THIS SITE, THE CONTENTS OF THIS SITE, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BIOTHERAPY, INC EXPRESSLY DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH REGARD TO THE ACCESS AND USE OF THIS SITE AND ALL PRODUCTS, SERVICES, AND INFORMATION MADE AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. Some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws.
BIOTHERAPY, INC FURTHER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO PRODUCT DESCRIPTIONS AND INGREDIENTS, RECOMMENDATIONS OF HEALTHCARE PROFESSIONALS, AND PRODUCT USE, SAFETY, AND/OR EFFECTIVENESS.
Despite commercially reasonable efforts:
Biotherapy, INC does not warrant that the access, use, function, or operation of this website will be uninterrupted or error-free, that defects will not exist or be corrected, or that this site or its servers will be completely free of all viruses or other harmful elements; and
Biotherapy, INC does not warrant that the information accessible on this site is accurate, complete, current or error-free.
Limitation of Liability; Liquidated Damages
NEITHER BIOTHERAPY, INC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AFFILIATES, SPONSORS, VENDORS OR ANY OTHER PARTY INVOLVED IN PROVIDING THIS WEB SITE, ITS CONTENT, AND PRODUCTS AND SERVICES SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, ARISING OUT OF OR RELATED TO THE ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THIS WEB SITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE VIA THIS SITE BY BIOTHERAPY, INCOR ITS BUSINESS AFFILIATES.
BIOTHERAPY, INC ASSUMES NO LIABILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; PERSONAL INJURY; LOSS OF CONSORTIUM; AND CLAIMS OF THIRD PARTIES. IN THE EVENT A COURT OF COMPETENT JURISDICTION SHOULD FIND AND ALLOCATE LIABILITY FOR ANY REASON, IN NO EVENT SHALL BIOTHERAPY, INC ‘S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS, AND/OR CAUSES OF ACTION, REGARDLESS OF LEGAL THEORY, EXCEED ONE HUNDRED DOLLARS ($100).
Ownership
Site and Content. This website and its contents belong exclusively to Biotherapy, INC, its sponsors, and business affiliates, and to their respective licensors. This website and its contents are protected by U.S. and International copyright laws. Any unauthorized copying, distributing, publishing, modification, alteration, display, sale, license, or use of the contents of this site, in whole or in part, is strictly prohibited. You may copy limited content from this site for non-public, non-commercial personal use or educational use only, provided that each copy includes any copyright, trademark, or other proprietary notice as it appears without modification or alteration by you.
Trademarks. The trade names, trademarks, service marks, logos, slogans, characters, and other designations of origin or affiliation (collectively “Trademarks”) displayed on this website belong to Biotherapy, INC, its sponsors and business affiliates, and their respective licensors or other owners. Nothing contained on this website shall be construed as granting or conveying any interest, license, or right to use or own any Trademark. Any unauthorized use/misuse of the Trademarks, in whole or in part, is strictly prohibited.
Submissions. Any communication, information, or material (including, but not limited to, any suggestion, idea, concept, or data) that is submitted to Biotherapy, INC at this site, by email, by phone, by written correspondence or otherwise (each a “Submission”) is non-confidential and becomes the sole and exclusive property of Biotherapy, INC. Biotherapy, INC is free to dispose, reproduce, and/or use any Submission without restriction, for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising, marketing, and sale of products or services. Any Submission is without payment or compensation to you or any other party. By making a Submission, you warrant that the Submission is not offensive, obscene, or defamatory, and that Biotherapy, INC ‘s use of the Submission (as submitted) will not violate any third party’s rights. Biotherapy, INC is under no obligation to accept, respond to, or use any Submission.
Linking to Third-Party Sites
As a matter of convenience to visitors, this site may contain links to other, third-party websites (i.e., sites not owned or controlled by Biotherapy, INC). No link to another website shall imply any endorsement or sponsorship of the third-party website, its owner or operator, or any products or services. Biotherapy, INC is not responsible for the content of or any links contained on any other website. YOUR ACCESS AND USE OF ANY OTHER WEB SITE IS ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL BIOTHERAPY, INC BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE THAT IS CAUSED OR ALLEGED TO BE CAUSED TO YOU OR A THIRD PARTY IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON ANY OTHER SITE.
Jurisdictional Issues
Biotherapy, INC product and service offerings, promotions, materials, and content appearing on this website are intended for customers located in the United States only. Biotherapy, INC makes no representation that products, services, promotions, materials, offers, information, and other content on this site are appropriate or available for purchase and use in locations outside the United States.
Governing Law
These Terms and Conditions will be governed and construed in accordance with the laws of the State of California without regard to conflict of laws principles. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions and/or the access and use of this site or any product or service offerings in connection with this site will be brought only in a court of competent jurisdiction located in San Francisco County, California.
Complete Agreement; Severability; Amendments; Waiver; Headings
These Terms and Conditions (and all such other specific terms and conditions as are expressly set forth on the site, in price lists, and in sales and advertising materials) represent the entire understanding between you and Biotherapy, INC regarding the access and use of this site, its content, and related products and services. Unless expressly agreed to in a signed writing by Biotherapy, INC, these Terms and Conditions shall prevail over any other conflicting or additional communication between you and Biotherapy, INC or its representatives, affiliates, sponsors, and vendors.
Severability. Should a court of competent jurisdiction deem any provision of these Terms and Conditions void and/or unenforceable, the void and/or unenforceable provision shall be severed to the extent necessary, and the remainder of the Terms and Conditions shall remain valid and enforceable to the maximum extent permitted by law.
Amendments. Biotherapy, INC reserves the right to revise the content and information of this site, these Terms and Conditions, or any part thereof, without notice, by merely updating the site or this posting, respectively.
Waiver. No term or condition may be waived by any party except in writing signed by the party to be bound.
Headings. The section and paragraph headings in this document are provided for convenience only and shall not be used in the interpretation or construction of any provision of these Terms and Conditions.
Electronic Signature and Consent to Electronic Records
You agree that your electronic signature, these Terms and Conditions, and any records relating to any and all transactions concerning you may be provided and maintained solely in electronic form and that each may not be denied legal effect, validity, or enforceability solely because each is in electronic form or solely because an electronic signature or electronic record was used in their formation.
IF YOU DO NOT CONSENT TO THE USE OF ELECTRONIC RECORDS, DO NOT PROCEED TO ACCESS AND USE THE SITE FOR ANY TRANSACTION OR OTHER ACTIVITY THAT MAY REQUIRE THE COMPLETION OR FORMATION OF AN ELECTRONIC RECORD TO CONFIRM OR CARRY OUT THE TRANSACTION OR ACTIVITY.
Withdrawing Consent or Updating Electronic Records: If you wish to withdraw your consent to the use of electronic records, or you wish to update your records, please contact the Biotherapy, INC by calling 415.409.3939. Withdrawing your consent to the use of electronic records will result in the termination of your right to conduct transactions or engage in activities on this site that require the completion or formation of an electronic record.
Computer System Requirements: To access and use this site, Biotherapy, INCrecommends the following minimum system configuration: PentiumĀ® II 200 MHz processor, or comparable computer, 64 MB RAM, 10 MB of available hard disk drive storage capacity, Windows 98SE operating system with Internet Explorer v6.0, or comparable browser, 800×600 video display at 256 colors, a 56k modem, and a standard computer printer.
You acknowledge that you have the opportunity and capability to print these Terms and Conditions at any time by accessing them online and printing them on a computer capable of accessing the site and printing from the site.
You acknowledge that you have the opportunity and capability to print and store electronic communications (“email”) and agree that you should print for your record keeping any email received that confirms a transaction, registration, or other online activity related to the Biotherapy, INC site.
Printed Copy: To obtain a printed copy of an electronic record, please contact the Biotherapy, INC at info@biotherapy-clinic.com or by calling 415.409.3939. The Biotherapy, INC will accommodate all reasonable requests for a printed copy of electronic records. The Biotherapy, INC reserves the right to charge a reasonable administrative fee to cover the associated costs of providing a printed copy.
Copyright 2008 Biotherapy, INC . All rights reserved.