Bio360. Terms of Use

BIO360 operates this website, offering information, tools, and services under the terms, conditions, policies, and notices outlined here. The terms “we,” “us,” and “our” refer to BIO360.

By accessing this site or purchasing from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), as well as additional terms and policies referenced or linked herein. These Terms apply to all users, including browsers, vendors, customers, merchants, and contributors of content.

Please review these Terms of Service carefully. By using any part of the site, you agree to be bound by them. If you do not agree, you may not access the site or use its services. If considered an offer, acceptance is strictly limited to these Terms.

Any new features or tools added to the current store will also be governed by these Terms. The latest version of the Terms can be reviewed on this page at any time. We reserve the right to update, modify, or replace any part of the Terms by posting changes on our website. It is your responsibility to check periodically for updates. Continued use of the site after any changes constitutes acceptance of those changes.

Our e-commerce platform is provided by Shopify Inc., enabling us to sell our products and services online.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state, province, or country of residence. If you are the age of majority, you also consent to allow your minor dependents to use this site under your supervision.

You agree not to use our products or services for any illegal or unauthorized purposes, including but not limited to violating copyright laws or other applicable regulations in your jurisdiction. Additionally, you must not transmit any malicious code, viruses, worms, or destructive elements through the site or its services.

Any breach of these Terms will result in the immediate termination of your access to our services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to deny service to anyone, for any reason, at any time, without prior notice.

You acknowledge that your content, excluding credit card information, may be transferred unencrypted across various networks and may require adaptation to meet technical requirements. However, credit card data will always be encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, its access, or the contact information on the website without our express written permission.

The headings in these Terms are provided for convenience only and do not limit or affect the scope of any provisions.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We make no guarantees regarding the accuracy, completeness, or timeliness of the information provided on this site. The material on this site is intended for general informational purposes only and should not be relied upon as the sole basis for decision-making without consulting more accurate, complete, or up-to-date sources. Any reliance on the material presented on this site is at your own risk.

Certain historical information may be included on this site for reference purposes. Such information is not current and is provided solely for your convenience. We reserve the right to modify the contents of this site at any time without obligation to update the information. You are responsible for monitoring changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without prior notice.

We reserve the right to modify or discontinue any part of the Service or its content at any time, without notice.

We shall not be held liable to you or any third party for changes in pricing, modifications, suspensions, or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some products or services may be available exclusively online through the website. These offerings may have limited quantities and are subject to our Return Policy for returns or exchanges.

We strive to display the colors and images of our products as accurately as possible. However, we cannot guarantee that the color display on your monitor will be precise.

We reserve the right to limit sales of our products or services to specific individuals, regions, or jurisdictions at our discretion. This right may be exercised on a case-by-case basis. Additionally, we may restrict the quantities of any product or service offered. All product descriptions and pricing are subject to change at any time without notice, solely at our discretion. We also reserve the right to discontinue any product at any time. Any product or service offer on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other material you purchase or obtain will meet your expectations, nor do we warrant that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to reject any order placed with us. At our discretion, we may limit or cancel quantities purchased per individual, household, or order. Restrictions may apply to orders placed under the same customer account, using the same credit card, and/or orders with the same billing or shipping address. If we modify or cancel an order, we may attempt to notify you via the email, billing address, or phone number provided when the order was placed. We reserve the right to limit or refuse orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide accurate, complete, and up-to-date purchase and account information for all transactions at our store. You must promptly update your account details, including email address and credit card information, to ensure successful transactions and communication.

For more information, please consult our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools that we neither monitor nor control.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, or endorsements. We are not liable for any issues arising from or related to your use of these optional tools.

Using optional tools provided through the site is entirely at your own discretion and risk. It is your responsibility to ensure you understand and agree to the terms set by the relevant third-party provider(s).

In the future, we may introduce new features, tools, or services on the website. These additions will also be governed by these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Some content, products, and services provided through our Service may feature materials from third parties.

Third-party links on this site may direct you to external websites that are not affiliated with us. We do not review or verify the content or accuracy of these external sites and disclaim all liability or responsibility for any third-party materials, websites, products, or services.

We are not responsible for any harm or damages that may result from your purchase or use of goods, services, content, or other transactions conducted through third-party websites. It is your responsibility to carefully review the policies and practices of third parties before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third parties.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you submit specific materials (e.g., contest entries) at our request or send us unsolicited creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may edit, copy, publish, distribute, translate, or otherwise use them in any medium, at any time, without restrictions or compensation. We are under no obligation to:

Maintain any comments in confidence.

Pay compensation for any comments.

Respond to any comments.

We may, but are not obligated to, monitor, edit, or remove content that we determine, at our sole discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You warrant that your comments will not violate any rights of third parties, including copyright, trademark, privacy, or other personal or proprietary rights. Additionally, your comments must not contain libelous, abusive, or unlawful material, or malware that could harm the operation of the Service or related websites. You may not use a false email address, impersonate someone else, or mislead us or third parties about the origin of your comments. You are solely responsible for the accuracy and content of any comments you submit. We assume no responsibility or liability for comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

The submission of personal information through our store is governed by our Privacy Policy. Please refer to our Privacy Policy for more details.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be typographical errors, inaccuracies, or omissions on our site or in the Service, particularly concerning product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct such errors, update information, or cancel orders if any information in the Service or on a related website is found to be inaccurate at any time, without prior notice (including after you have submitted an order).

We are not obligated to update, amend, or clarify information in the Service or on any related website, except as required by law. No specific update or refresh date applied to the Service or any related website should be interpreted as indicating that all information has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to the other prohibitions outlined in these Terms, you are prohibited from using the site or its content for the following purposes:

(a) Any unlawful purpose. (b) To solicit others to perform unlawful acts. (c) To violate international, federal, provincial, or state regulations, rules, laws, or local ordinances. (d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others. (e) To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. (f) To submit false or misleading information. (g) To upload or transmit viruses or malicious code that may affect the functionality or operation of the Service, related websites, or the Internet. (h) To collect or track the personal information of others. (i) To spam, phish, pharm, pretext, spider, crawl, or scrape. (j) For any obscene or immoral purpose. (k) To interfere with or circumvent the security features of the Service or related websites.

We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable. You agree that we may remove the Service for indefinite periods or cancel it at any time, without notice.

Your use of the Service and all products delivered through it is at your sole risk. The Service and all products are provided “as is” and “as available” without any representations, warranties, or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

BIO360, its directors, officers, employees, affiliates, agents, contractors, suppliers, and licensors are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, or data loss, arising from your use of the Service or products purchased through the Service. This includes any errors or omissions in content, even if advised of their possibility. Some jurisdictions do not allow the exclusion of certain liabilities, so these limitations may not apply to you. In such cases, our liability is limited to the maximum extent permitted by law

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless BIO360 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Québec, Canada.

SECTION 19 - CHANGES TO TERMS OF SERVICE

The most current version of the Terms of Service can be reviewed at any time on this page.

We reserve the right to update, modify, or replace any part of these Terms of Service at our sole discretion by posting changes to our website. It is your responsibility to check the website periodically for updates. Your continued use of or access to the website or the Service following the posting of any changes constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

For questions about the Terms of Service, please contact us at care@bio360.com.

SECTION 21 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

BIO360 (referred to as "We," "Us," or "Our") offers a mobile messaging program ("Program") governed by these Mobile Messaging Terms and Conditions and Privacy Policy ("Agreement"). By opting into or participating in any of our Programs, you accept and agree to these terms, including resolving disputes through binding individual arbitration as detailed in the "Dispute Resolution" section below. This Agreement is specific to the Program and does not override other Terms and Conditions or Privacy Policies.

User Opt-In: The Program allows users to receive SMS/MMS mobile messages by opting in through online or application-based enrollment forms. Participation constitutes consent to receive autodialed or prerecorded marketing messages at the phone number provided. Consent is not required to make a purchase. Standard message and data rates may apply.

User Opt-Out: To stop participating, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message from us. You may receive a confirmation of your opt-out. These are the only valid methods of opting out.

Duty to Notify and Indemnify: If you change or discontinue the mobile number provided, you must complete the opt-out process. Failure to do so may result in liability for any claims brought by subsequent users of that number.

Prohibited Content: Sending prohibited content, including fraudulent, obscene, or discriminatory material, is strictly forbidden.

Age Restriction: In accordance with U.S. federal law (specifically the Children's Online Privacy Protection Act, COPPA), users under 13 may not engage with this Platform. Users aged 13-18 must have parental or guardian consent.

Dispute Resolution: Disputes arising from the Program will be resolved through arbitration in accordance with applicable laws.

For additional support, contact us at care@bio360.com.