Terms of Use

All use of the Biologics Site is subject to the terms and conditions set out below. Your further access or use of this Site constitutes your agreement to the following terms and conditions:

Biologics, Inc. appreciates your use of our Site, and we believe you will find it helpful and informative. While Biologics tries to provide information and materials that are as accurate as possible, we cannot guarantee they will always be accurate, complete or appropriate for your particular purpose. You assume full responsibility for using the information and material at this Site, and you understand and agree that Biologics is neither responsible nor liable for any claim, loss or damage resulting from such use. If you notice something wrong or inaccurate, please let us know so we can correct it.

Your conduct

Any conduct by you that in our sole discretion restricts, inhibits or otherwise interferes with any other user in using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the site, use of the site or access to the site.

You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site. You agree you will not attempt to defeat, disable or evade any security measures or access restrictions that may be in use in connection with the Site nor to use or access the Site in excess or outside your authorization to do so.

Site content

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, sounds and other material (collectively “Content”) that are protected, individually and collectively, by copyright, trademark or other proprietary right of Biologics or third parties. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed in this agreement or U.S. Copyright law. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way. You must maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. Except as provided above, you may not upload, post, reproduce or distribute in any way Content without obtaining permission of the owner of the copyright or other proprietary right.

Your account obligations

If you are a customer of Biologics, we may provide you a username and password to allow you to access information specific to our relationship. You are solely responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

DISCLAIMERS: YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WE, NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS (“PROVIDERS”), MERCHANTS (“MERCHANTS”), SPONSORS (“SPONSORS”), LICENSORS (“LICENSORS”), OR THE LIKE (COLLECTIVELY, “ASSOCIATES”), WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS THE LIKE, SHALL CREATE A WARRANTY.

All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational and educational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professional or any information contained on or in any product packaging or labels. YOU SHOULD NOT RELY ON THE INFORMATION CONTAINED ON THE SITE FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. THE INFORMATION AND MATERIAL AVAILABLE ON THIS SITE IS NOT INTENDED AS A DIAGNOSIS, TREATMENT, CURE OR PREVENTATIVE OF ANY PARTICULAR DISEASE OR CONDITION.

Further, Biologics explicitly disclaims any responsibility for the accuracy, content or availability of information found on the Site or on Sites that link to or from the Site from third parties not associated with us. We encourage discretion when browsing the Internet using our or anyone else’s service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

LIMITATION OF LIABILITY:  UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF ADDITIONAL OR SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES PROVIDED THEREIN. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content or other material you submit, post to or transmit through the Site, your use of the Site, your access and connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

Our rights

We may elect to electronically monitor areas of the Site and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to protect or operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers or Licensors. We are not responsible for screening, policing, editing or monitoring any Content provided or submitted by You or any other user. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site.

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Sponsor, Licensor, service provider or us.

Links to third-party sites

Occasionally, we may make available a link to a third-party’s website. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse any such site or its use or contents.

Unsolicited submissions

We are pleased to hear from our clients and Site users and welcome your comments regarding our services, including the Site. We request that you be specific in your comments on our services and products that may be available or identified on the Site. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts or other information (collectively, “Submissions”), the Submissions shall be deemed, and shall remain, our property and we may use, copy, display, distribute, adapt, transfer or dispose of Submissions in any way and for any purpose as we may, in our sole discretion, determine appropriate. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

Applicable law

We maintain the Site from our offices within North Carolina, United States of America. We make no representation that the Content in the Site is appropriate or available for use in other jurisdictions, and access to them from locations in which their content is illegal is prohibited. Those who choose to access the Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of North Carolina, without reference to its choice of law provisions.

Termination

These Terms of Use are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease all further use of and access to the Site, and any notification of termination or other rejection of the Terms of Use is conditioned on such cessation. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Site.

General information

These Terms of Use constitute the entire agreement between us (you and Biologics) and govern your use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. We reserve the right to modify the Terms of Use at any time, and you agree to be bound by the modified Terms of Use, upon our providing you notice of the modifications either by sending such notice to the address specified in your Account Information or by posting the modified Terms of Use on the Site. Your use of the Site following such notice constitutes your agreement to the Terms of Use, as modified. Our failure to exercise or enforce any right or provision of the Terms of Use on any occasion shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that all other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you or anyone claiming through you may make, arising out of or related to use of the Site or the Terms of Use, must be filed within one year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.