- Basic Terms
The Site provides information about the products and services available for purchase from Alternative BioMedical Solutions. Alternative BioMedical Solutions is not a covered entity and is not subject to HIPAA. Please do not provide us with any protected health information. BioMedical Solutions is not a health care provider and does not offer or provide any medical advice or treatment recommendations.
You are responsible for your use of the Site and for any consequences thereof. You may use the Site only if you can form a binding contract with Alternative BioMedical Solutions and are not a person barred from accessing the Site under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may not use the Site for any reason. You may use the Site only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Site is always evolving and the form and nature of the Site may change from time to time without prior notice to you. In addition, Alternative BioMedical Solutions may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Site may include advertisements, which may be targeted to the content or information on the Site, queries made through the Site, or other information. The types and extent of advertising on the Site are subject to change. In consideration for Alternative BioMedical Solutions granting you access to and use of the Site, you agree that Alternative BioMedical Solutions, third party providers and partners may place such advertising on the Site or in connection with the display of content or information from the Site whether submitted by you or others.
You are responsible for safeguarding the password or credentials that you use to access the Site and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Alternative BioMedical Solutions account. Alternative BioMedical Solutions cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- Content on the Site
Please be aware that, except as expressly provided or as otherwise required under applicable law, Alternative BioMedical Solutions does not verify the accuracy of any information available on the Site. Any use or reliance on any information you obtained through the Site is at your own risk.
You understand that by using the Site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Alternative BioMedical Solutions be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Site or broadcast elsewhere.
- Alternative BioMedical Solutions Rights
Subject to the terms of the Agreement, Alternative BioMedical Solutions grants to you a limited and nonexclusive license (without the right to sublicense) to access and use the Site as provided herein.
All right, title, and interest in and to the Site and any content available on the Site, are and will remain the exclusive property of Alternative BioMedical Solutions and its licensors. The Site and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Alternative BioMedical Solutions reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Alternative BioMedical Solutions, or the Site are entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
- Restrictions on Use Of The Site
We reserve the right at all times (but will not have an obligation) to suspend and or terminate users or reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Site: (i) access, tamper with, or use non-public areas of the Site, Alternative BioMedical Solutions’s computer systems, or the technical delivery systems of Alternative BioMedical Solutions providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Alternative BioMedical Solutions (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Alternative BioMedical Solutions (NOTE: scraping the Site without the prior consent of Alternative BioMedical Solutions is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site.
- Ending These Terms
The Terms will continue to apply until terminated by either you or Alternative BioMedical Solutions as follows.
You may end your legal agreement with Alternative BioMedical Solutions at any time for any reason by deactivating your accounts and discontinuing your use of the Site. In order to deactivate your account, please contact us at this webpage. Deactivating your count may not relieve you of any payment obligations you have under separate agreement with Alternative BioMedical Solutions.
We may suspend or terminate your accounts or cease providing you with all or part of the Site at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Site to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Site the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Site, except those Sections you would expect to survive termination, such as indemnification and limitations on liability.
Nothing in this section shall affect Alternative BioMedical Solutions’s rights to change, limit or stop the provision of the Site without prior notice, as provided above.
- Disclaimers, Limitations of Liability and Indemnity
Please read this section carefully since it limits the liability of Alternative BioMedical Solutions and its stockholders, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Alternative BioMedical Solutions Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
- The Site is Available “AS-IS”
Your access to and use of the Site is at your own risk. You understand and agree that the Site is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE ALTERNATIVE BIOMEDICAL SOLUTIONS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Alternative BioMedical Solutions Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Site or any information provided on the Site; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Site; (v) whether the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Site; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Site. No advice or information, whether oral or written, obtained from the Alternative BioMedical Solutions Entities or through the Site, will create any warranty not expressly made herein.
The Site may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the Alternative BioMedical Solutions Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ALTERNATIVE BIOMEDICAL SOLUTIONS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ALTERNATIVE BIOMEDICAL SOLUTIONS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID ALTERNATIVE BIOMEDICAL SOLUTIONS, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SITE GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE ALTERNATIVE BIOMEDICAL SOLUTIONS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Alternative BioMedical Solutions Entities, from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) any information, advice, treatment recommendations or other content you transmit or receive via the Site; (2) your failure to comply with the Terms; (3) any activity in which you engage on or through the Site.
- General Terms
- Waiver and Severability
The failure of Alternative BioMedical Solutions to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
- Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the state of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Site will be brought solely in the federal or state courts located in Delaware, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against Alternative BioMedical Solutions related to your use of the Site on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
- Entire Agreement
We may revise these Terms from time to time, the most current version will always be at this url. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Site. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 6 above. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.