These Terms of
Service ("Terms") are a legally binding agreement
between the user ("User" or "you") of Bioz services,
websites, Bioz.com, widgets, badges, mobile applications and all other online
services and products (collectively, our "Services")
provided by Bioz, Inc. ("Bioz", "we",
"us", or "our"). BY CLICKING
"CREATE ACCOUNT ", “CREATE FREE ACCOUNT”, OR BY USING THE SERVICES,
YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN
SECTION 18, DO NOT ACCESS OR USE OUR SERVICES.
We may make
changes to these Terms from time to time. If we make changes, we will provide
notice of such changes by posting the amended Terms of Services and update the
"Amended" date below. We may also notify you by sending an email
notification to the mailing or email address associated with your Bioz account
or by providing notice through our Services. Unless we say otherwise in our
notice, the amended Terms will be effective immediately and your continued
access to and use of our Services after we provide notice in accordance with
this paragraph will confirm your acceptance of the changes. If you do not agree
to the amended Terms, you must stop accessing and using our Services.
If you have any
questions about these Terms or our Services, please contact us at 3150 Porter
Drive, Palo Alto, CA 94304, or by email at: info@bioz.com.
1.
Additional Services
Unless explicitly stated otherwise, any
new features that added to the currently offered Services, including the
release of new Bioz services, shall be subject to these Terms.
2.
Right to Use Services
Bioz hereby grants you permission to use
the Services solely as set forth in these Terms. Any use of the Services other
than as set forth in these Terms or in violation of any term specified in these
terms will result in suspension or revocation of your use privileges at our
sole discretion.
3.
Right to Use Services
Notwithstanding
anything stated or implied to the contrary in these Terms, Bioz may at any
time, without derogating from our other rights under these Terms, applicable
law or otherwise, suspend or terminate any or all of the Services, effective
immediately. Such suspension or termination may also apply, as the case may be,
to specific jurisdictions, lines of business and otherwise or to a specific
customer or a group of Users.
4.
Eligibility
You may use the
Services either as a registered or as an unregistered User. However, you may
not use the Services, either as a registered or an unregistered User if you are
not of legal age to enter into a contract in your jurisdiction or if do not
have the authority to accept these Terms. The Services are intended only for,
and may only be accessed and used by, individuals who are 18 years or older. By
accessing or using the Services, you represent and warrant that (a) you are at
least 18 years old, (b) you have not been previously suspended or removed from
the Services, or engaged in any activity that could result in suspension or
removal from the Services, and (c) all information you submit is accurate and
truthful.
If you are
accessing or using our Services on behalf of another person or entity, you
represent that you are authorized to accept these Terms on that person’s or
entity’s behalf and that the person or entity agrees to be responsible to us if
you or the other person or entity violates these Terms.
5.
User Accounts and Account Security
You may need to
register for an account to access some or all of our Services. If you register
for an account, you must provide accurate account information and promptly
update this information if it changes. You also must maintain the security of
your account and promptly notify us if you discover or suspect that someone has
accessed your account without your permission. If you permit others to use your
account credentials, you are responsible for the activities of such Users that
occur in connection with your account. Registering as an Academic User or as a
User who purchases a Subscription, may provide you with additional benefits
over using the Services in a visitor (non-registered) capacity, such as the
ability to view images, use advanced filtering, access deep structured content,
etc.
6.
Privacy
7.
Registration & Subscription
To register as a User,
you have to create a User account by following registration procedures and
instructions set forth on Bioz.com. There is no cost to register if a User is a
currently employed life science research faculty or staff member or a currently
registered life science research student, in an academic institution, hospital,
or government research institution ("Academic User"). If
you are not an Academic User, in order to register for the Bioz Services and the
Bioz.com website, you are required to purchase a paid User subscription to Bioz
("Subscription") and to provide your billing details.
As a User who has purchased a Subscription, you agree to notify us promptly of
any changes to your billing details. All User accounts, whether Academic or
Subscription, are intended and designed for use by an individual User, unless
otherwise stated in your Bioz subscription plan. You may not give access to
your User account to additional Users, in excess of the number of Users
specified in your Bioz subscription plan. If Bioz detects multiple Users frequently
accessing the same User account from various locations, devices, IP addresses, Bioz
may immediately suspend or terminate any User account at its sole discretion
and for any reason.
8.
Terms of Sale - We offer Users the ability to purchase a Subscription to the
Bioz platform. The following terms of sale apply to such purchases:
8.1 Pricing and
Availability
All prices are shown in U.S.
dollars, and taxes are additional when applicable. All purchasable products and
services, including subscriptions are subject to availability, and we reserve
the right to impose quantity limits on any order, cancel all or any part of an
order, and discontinue any products and services without notice.
8.2 Payment and
Billing Information
By providing a
credit card or other payment method that we accept, you represent and warrant
that you are authorized to use the designated payment method and that you
authorize us (or our third party payment processor) to charge your payment
method for the total amount of your subscription or other purchase (including
any applicable taxes and other charges). If the payment method cannot be
verified, is invalid or is otherwise not acceptable, your order may be
suspended or cancelled. You must resolve any problem we encounter in order to
proceed with your order. We have no obligation to provide you with the products
or services that you order until we receive payment in full. In the event you
want to change or update payment information associated with your Bioz account,
you can do so at any time by logging into your account and editing your payment
information.
8.3 Taxes
You are
responsible for all applicable sales and similar taxes on all products and
services purchased by you which we determine we have a duty to collect. If an
item is subject to any taxes, you agree that the amount of taxes shown at
checkout may be adjusted. Several factors may cause this, such as variances
between processor programs and changes in tax rates.
9.
User Content
Our Services may
allow you and other Users to create, post, store and share content, including
messages, text, images, videos, and other information, content and materials
(collectively, "User Content"). Except for the license
you grant below, you retain all rights in and to your User Content, as between
you and Bioz.
You grant Bioz a
nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, publicly perform and display your User Content and any name, Username
or likeness provided in connection with your User Content in all media formats
and channels now known or later developed without compensation to you. When you
post or otherwise share User Content on or through our Services, you understand
that your User Content and any associated information (such as your Username)
will be visible to the public.
You may not
create, post, store or share any User Content that violates these Terms or any
applicable laws, rules or regulations, or for which you do not have all the
rights necessary to grant us the license described above. Although we have no
obligation to screen, edit or monitor User Content, we may delete or remove User
Content at any time and for any reason.
10.
Prohibited Conduct and Content
You will not
violate any applicable law, contract, intellectual property or other
third-party right or commit a tort, and you are solely responsible for your
conduct while accessing or using our Services. You will not:
-
Engage
in any harassing, threatening, intimidating, predatory or stalking conduct;
-
Use
or attempt to use another User’s account without authorization from that User
and Bioz;
-
Use
our Services in any manner that could interfere with, disrupt, negatively
affect or inhibit other Users from fully enjoying our Services or that could
damage, disable, overburden or impair the functioning of our Services in any
manner;
-
Reverse
engineer any aspect of our Services or do anything that might discover source
code or bypass or circumvent measures employed to prevent or limit access to
any part of our Services;
-
Attempt
to circumvent any content-filtering techniques we employ or attempt to access
any feature or area of our Services that you are not authorized to access;
-
Develop
or use any third-party applications that interact with our Services without our
prior written consent, including any scripts designed to scrape or extract data
from our Services;
-
Use
the Services in a way that is detrimental to the operation of the Services or
the access or use of the Services by anyone else. You will not upload or
transmit viruses, worms or any other destructive code. The restriction in this
Section applies to any use that interferes or attempts to interfere with the normal
operations of the Services, including by hacking, deleting, augmenting or
altering the Services;
-
Copy,
distribute (including by framing any of the Services on any web site), modify,
enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or
otherwise attempt to exploit the Services or any data resulting therefrom;
-
Decompile,
disassemble, reverse engineer, or otherwise attempt to discover the source code;
-
Make
derivative works of the Services;
-
Remove,
obscure, or alter any copyright notice, trademarks, or other proprietary rights
notices affixed to or contained within or accessed in conjunction with or
through Bioz.com or the Services;
-
Modify
another website so as to falsely imply that it is associated with the Services,
Bioz or any other Bioz products or services;
-
Register
for a free academic user account if you are not a current faculty member, staff
member, student, or research physician in an approved academic institution or university;
-
Make
the Bioz.com or the Services or any part thereof available to others in a
service undertaking or outsourcing arrangement or for any other commercial
time-sharing, data processing or other third party use.
-
Forward
more than 2 inquiries per second from 1 unique IP address, more than 2
simultaneous inquiries from 1 User, or more than 2 simultaneous export
inquiries.
-
Perform
any automatic Inquiries or scraping;
-
Bypass
or ignore instructions contained in our robots.txt file, accessible at https://www.bioz.com/robots.txt, that controls automated
access to portions of our Services; or
Use
our Services for any illegal or unauthorized purpose, or engage in, encourage
or promote any activity that violates these Terms.
In no event will
you post or otherwise share User Content that is confidential or for which you
do not have all necessary rights to disclose. You may not create, post, store,
submit or share any User Content that:
Is
inaccurate, unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, suggestive, harassing, threatening, invasive of privacy or publicity
rights, abusive, inflammatory or fraudulent;
-
Would
constitute, encourage or provide instructions for a criminal offense, violate
the rights of any party or otherwise create liability or violate any local,
state, national or international law;
-
May
or does infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party;
-
Contains
or depicts any statements, remarks or claims that do not reflect your honest
views and experiences;
-
Impersonates,
or misrepresents your affiliation with, any person or entity;
-
Contains
any unsolicited promotions, political campaigning, advertising or
solicitations;
-
Contains
any private or personal information of a third party without such third party’s
consent;
-
Contains
any viruses, corrupted data or other harmful, disruptive or destructive files
or content; or
-
Is,
in our sole judgment, objectionable or that restricts or inhibits any other
person from using or enjoying our Services, or that may expose Bioz or others
to any harm or liability of any type.
In addition,
although we have no obligation to screen, edit or monitor User Content, we may
delete or remove User Content at any time and for any reason.
11.
Limited License; Copyright and Trademark
Our Services,
Reports, and the text, graphics, images, photographs, videos, illustrations,
trademarks, trade names, service marks, logos, slogans and other content
contained therein (other than your User Content, collectively, the "Bioz
Content") are owned by or licensed to Bioz and are protected under
both United States and foreign laws. Except as explicitly stated in these
Terms, Bioz and our licensors reserve all rights in and to our Services and the
Bioz Content. You are hereby granted a limited, nonexclusive, nontransferable,
non-sublicensable, revocable license to access and use our Services and Bioz
Content for your own personal use; however, such license is subject to these
Terms and does not include any right to (a) sell, resell, or commercially use
our Services or Bioz Content; (b) copy, reproduce, distribute, publicly perform
or publicly display Bioz Content, except as expressly permitted by us or our licensors;
(c) modify the Bioz Content, remove any proprietary rights notices or markings,
or otherwise make any derivative uses of our Services or Bioz Content; (d) use
any data mining, robots or similar data gathering or extraction methods; and
(e) use our Services or Bioz Content other than for their intended purposes.
Any use of our Services or Bioz Content other than as specifically authorized
herein, without our prior written permission, is strictly prohibited and will
terminate the license granted herein.
12.
Feedback
Any questions,
comments, suggestions, ideas, original or creative materials or other
information you submit about Bioz or our products or services, including the
Services (collectively, "Feedback"), is
non-confidential and will become the sole property of Bioz and you hereby
irrevocably assign to Bioz such Feedback without further consideration. We will
own exclusive rights, including, without limitation, all intellectual property
rights, in and to Feedback and will be entitled to the unrestricted use and
dissemination of Feedback for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
13.
Copyright Complaints
We have a policy
of limiting access to our Services and terminating the accounts of Users who
infringe the intellectual property rights of others. If you believe that
anything on our Services infringes any copyright that you own or control, you
may notify Bioz’s Designated Agent.
Please see 17 U.S.C. §512(c)(3) for the
requirements of a proper notification. Also, please note that if you knowingly
misrepresent that any activity or material on our Services is infringing, you
may be liable to Bioz for certain costs and damages.
14.
Indemnification
To the fullest
extent permitted by applicable law, you will indemnify, defend, and hold
harmless Bioz, its affiliates and subsidiaries, and each of their respective
officers, directors, agents, partners and employees (individually and
collectively, the "Bioz Parties") from and against any
loss, liability, claim, demand, damages, expenses or costs ("Claims")
arising out of or related to (a) your access to or use of our Services; (b)
your User Content or Feedback; (c) your violation of these Terms; (d) your
violation, misappropriation or infringement of any rights of another (including
intellectual property rights or privacy rights); or (e) your conduct in
connection with our Services. You agree to promptly notify the Bioz of any
third-party Claims, cooperate with all Bioz Parties in defending such Claims
and pay all fees, costs and expenses associated with defending such Claims
(including, but not limited to, reasonable attorneys' fees). You also agree
that the Bioz Parties will have control of the defense or settlement, at Bioz's
sole option, of any third-party Claims, and you hereby grant the applicable
Bioz Party such control. This indemnity is in addition to, and not in lieu of,
any other indemnities set forth in a written agreement between you and Bioz or
the other Bioz Parties.
15.
Disclaimers
WE DO NOT
CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY
CONTENT AVAILABLE ON OR LINKED TO BY OUR SERVICES.
YOUR USE OF OUR
SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL REPORTS ARE PROVIDED
"AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN ADDITION, BIOZ DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR REPORTS
ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. YOU ASSUME THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND REPORTS.
16.
Limitation of Liability
BIOZ AND THE
OTHER BIOZ PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF
LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR
OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR
SPECIAL DAMAGES OR LOST PROFITS, EVEN IF BIOZ OR THE OTHER BIOZ PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL
LIABILITY OF BIOZ AND THE OTHER BIOZ PARTIES, FOR ANY CLAIM ARISING OUT OF OR
RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION,
IS LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU TO ACCESS OUR SERVICES, OR
$100; PROVIDED, HOWEVER, IN NO EVENT WILL BIOZ BE LIABLE FOR ANY REPORTS.
THE LIMITATIONS
SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS
NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF BIOZ OR THE OTHER BIOZ PARTIES
OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU.
17.
Transfer and Processing Data
By accessing or
using our Services, you consent to the processing, transfer and storage of
information about you in and to the United States and other countries, where
you may not have the same rights and protections as you do under local law.
18.
Dispute Resolution; Binding Arbitration
PLEASE READ THE
FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES
AND CLAIMS WITH BIOZ AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM
US.
18.1
Binding Arbitration
Except
for any disputes, claims, suits, actions, causes of action, demands or
proceedings (collectively, "Disputes") arising out of
or related to a violation of Section 9 or Disputes in which either party seeks
to bring an individual action in small claims court or seeks injunctive or
other equitable relief for the alleged unlawful use of intellectual property,
including, without limitation, copyrights, trademarks, trade names, logos,
trade secrets or patents, you and Bioz agree (a) to waive your and Bioz’s
respective rights to have any and all Disputes arising from or related to these
Terms, or the Services, Bioz Content, Reports or other products and services
offered through the Services resolved in a court, and (b) to waive your and
Bioz’s respective rights to a jury trial. Instead, you and Bioz agree to
arbitrate Disputes through binding arbitration (which is the referral of a
Dispute to one or more persons charged with reviewing the Dispute and making a
final and binding determination to resolve it instead of having the Dispute
decided by a judge or jury in court).
18.2
No Class Arbitrations, Class Actions or Representative Actions
You
and Bioz agree that any Dispute arising out of or related to these Terms or the
Services, Content or Products is personal to you and Bioz and that such Dispute
will be resolved solely through individual arbitration and will not be brought
as a class arbitration, class action or any other type of representative
proceeding. You and Bioz agree that there will be no class arbitration or
arbitration in which an individual attempts to resolve a Dispute as a
representative of another individual or group of individuals. Further, you and
Bioz agree that a Dispute cannot be brought as a class or other type of
representative action, whether within or outside of arbitration, or on behalf
of any other individual or group of individuals.
18.3
Federal Arbitration Act
You
and Bioz agree that these Terms affect interstate commerce and that the
enforceability of this Section 18 shall be both substantively and procedurally
governed by and construed and enforced in accordance with the Federal
Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), to
the maximum extent permitted by applicable law.
18.4
Notice; Informal Dispute Resolution
You
and Bioz agree that each party will notify the other party in writing of any
arbitrable or small claims Dispute within 30 days of the date it arises, so
that the parties can attempt in good faith to resolve the Dispute informally.
Notice to Bioz shall be sent by certified mail or courier to 3150 Porter Drive,
Palo Alto, CA 94304. Your notice must include (a) your name, postal
address, telephone number, the email address you use or used for your Bioz
account and, if different, an email address at which you can be contacted, (b)
a description in reasonable detail of the nature or basis of the Dispute, and
(c) the specific relief that you are seeking. Our notice to you will be sent
electronically to the email address you submitted with your User Content and
will include (x) our name, postal address, telephone number and an email
address at which we can be contacted with respect to the Dispute, (y) a
description in reasonable detail of the nature or basis of the Dispute, and (z)
the specific relief that we are seeking. If you and Bioz cannot agree how to
resolve the Dispute within 30 days after the date notice is received by the
applicable party, then either you or Bioz may, as appropriate and in accordance
with this Section 18, commence an arbitration proceeding or, to the extent
specifically provided for in Section 18.1, file a claim in court.
18.5
Process
EXCEPT
FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 9 OR DISPUTES
IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT
OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF
INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS,
TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND BIOZ AGREE THAT ANY
DISPUTE MUST BE COMMENCED OR FILED BY YOU OR BIOZ WITHIN ONE YEAR OF THE DATE
THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH
MEANS THAT YOU AND BIOZ WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM
REGARDING THE DISPUTE). You and Bioz agree that (a) any
arbitration will occur either in (i) the State of California, County of Santa
Clara, (ii) telephonically, or (iii) in the county where you reside, (b) that
arbitration will be conducted confidentially by a single arbitrator in
accordance with the rules of the Judicial Arbitration and Mediation Services
("JAMS"), which are hereby incorporated by reference, and (c)
that the state or federal courts of the State of California and the United
States, respectively, sitting in the State of California, County of Santa
Clara, have exclusive jurisdiction over any appeals and the enforcement of an
arbitration award. You may also litigate a Dispute in the small claims court
located in the county of your billing address if the Dispute meets the
requirements to be heard in small claims court.
18.6
Authority of Arbitrator
As
limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator
will have (a) the exclusive authority and jurisdiction to make all procedural
and substantive decisions regarding a Dispute, including the determination of
whether a Dispute is arbitrable, and (b) the authority to grant any remedy that
would otherwise be available in court; provided, however, that the arbitrator
does not have the authority to conduct a class arbitration or a representative
action, which is prohibited by these Terms. The arbitrator may only conduct an
individual arbitration and may not consolidate more than one individual’s
claims, preside over any type of class or representative proceeding or preside
over any proceeding involving more than one individual.
18.7
Rules of JAMS
The
rules of JAMS and additional information about JAMS are available on the JAMS
website. By agreeing to be bound by these Terms, you either (a) acknowledge and
agree that you have read and understand the rules of JAMS, or (b) waive your
opportunity to read the rules of JAMS and any claim that the rules of JAMS are
unfair or should not apply for any reason.
18.8
Severability
If
any term, clause or provision of this Section 18 is held invalid or
unenforceable, it will be so held to the minimum extent required by law, and
all other terms, clauses and provisions of this Section 18 will remain valid
and enforceable. Further, the waivers set forth in Section 18.2 are severable
from the other provisions of these Terms and will remain valid and enforceable,
except as prohibited by applicable law.
18.9
Opt-Out Right
You
have the right to opt out of binding arbitration within 30 days of the date you
first accepted the terms of this Section 18 by writing to: 3150 Porter Drive,
Palo Alto, CA 94304. In order to be effective, the opt out notice
must include your full name and clearly indicate your intent to opt out of
binding arbitration. By opting out of binding arbitration, you are agreeing to
resolve Disputes on an individual basis in accordance with Section 19.
19.
Governing Law and Venue
These Terms and
your access to and use of our Services will be governed by and construed and
enforced in accordance with the laws of California, without regard to conflict
of law rules or principles (whether of California or any other jurisdiction)
that would cause the application of the laws of any other jurisdiction. Any
dispute between the parties that is not subject to arbitration or cannot be
heard in small claims court will be resolved in the state or federal courts of
California and the United States, respectively, sitting in Santa Clara County,
California.
20. Assignment
A User may not assign, transfer,
exchange, pool or barter any of its rights or obligations under this Agreement
or the User account, unless expressly permitted by Bioz in writing. Any
violation of the foregoing restrictions is grounds for immediate User account
termination. For changes in access under corporate subscriptions to the
Services we may require from you a detailed explanation of changes in your
circumstances, along with confirmation of employment and other reasonable
information and relevant documents.
21. De-Registration
You may delete your User account at any
time. Note that doing so will delete your data and information stored on Bioz
servers and Bioz will bear no responsibility for such loss of data or
information. All Service fees incurred prior to de-registration will be due and
owing, until paid in full, such de-registration notwithstanding.
22. Termination
by Bioz
Bioz reserves the
right to terminate any User account for abusive or fraudulent activity, for
failure to comply with these Terms, or for any other reason at its sole
discretion. We also reserve the right, without notice and in our sole
discretion, to terminate your right to access or use our Services. We are not
responsible for any loss or harm related to your inability to access or use our
Services.
23.
Severability
If any provision
or part of a provision of these Terms is unlawful, void or unenforceable, that
provision or part of the provision is deemed severable from these Terms and
does not affect the validity and enforceability of any remaining provisions.
24.
Miscellaneous
These Terms
constitute the entire agreement between you and Bioz relating to your access to
and use of our Services. The failure of Bioz to exercise or enforce any right
or provision of these Terms will not operate as a waiver of such right or
provision. The section titles in these Terms are for convenience only and have
no legal or contractual effect. Except as otherwise provided herein, these
Terms are intended solely for the benefit of the parties and are not intended
to confer third party beneficiary rights upon any other person or entity.
Amended: May 14, 2019