Terms of Service

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

  Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

• 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:

  1. 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.

  2. 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.

  3. 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.

  1. 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).

  2. 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.

  3. 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.

  4. 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.

  5. 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).

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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

  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.

• 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.