Terms of Use
Effective Date: 1 May 2024
Acceptance of the Terms of Use
These Terms of Use are entered into between you and Bion Analytical Standards, LLC (“Bion”). The following terms and conditions, together with any documents they incorporate by reference, govern your access to and use of the website www.bionsciences.com (the “Website”), including any content, functionality, and services offered on or through the Website.
Please read these Terms of Use before you start to use the Website. By using the Website, or by visiting any area or page on the Website, you accept and agree to be bound and abide by these Terms of Use and Bion’s Privacy Policy, found here. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Website immediately.
The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Bion and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Intellectual Property Rights
The term “Content” refers to all of the software and code comprising or used to operate the Website, as well as all of the text, photographs, images, illustrations, graphics, sound recordings, audio-video clips, and other materials available on the Website.
The Website and its entire Content are owned by Bion, its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All Content is or may be copyrighted as a collective work under the U.S. copyright laws.
The presence of any Content on the Website does not constitute a waiver of any right in such Content. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, modified, displayed, posted, or transmitted in any form without Bion’s express prior written permission.
Licenses and Restrictions
Bion grants you a limited, non-exclusive, revocable license to access and make personal, noncommercial use of the Website and Bion’s Content. You have permission to lawfully access and use the Website and to display, download, or print portions of the Website on a temporary basis and for your personal, noncommercial use only, provided that you (1) do not modify the Content; (2) retain any and all copyright and other proprietary notices contained in the Content; and (3) you do not copy or post the Content on any network computer or broadcast the Content in any media.
Trademarks
The Bion names and logos, all product names, and all related names, logos, product and service names, designs, and slogans (the “Marks”), whether registered or not, are trademarks of Bion. You must not use the Marks without the prior written permission of Bion. All other trademarks, product names, company, names, logos, service marks, and/or trade dress mentioned, displayed, or otherwise shown on the Website are the property of their respective owners.
Digital Millennium Copyright Act
It is not Bion’s practice to permit materials known by Bion to infringe another’s copyright to remain on the Website. If you believe any materials on the Website infringe your copyright, you should provide Bion a notice in accordance with the Digital Millennium Copyright Act.
Disclaimer of Warranties
BION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE WEBSITE. THE WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED FOR USE ON AN “AS IS” BASIS. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. BION EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BION DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS, INCLUDING VIRUSES. BION MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WHICH IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. BION IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS WEBSITE.
TO THE FULLEST EXTENT ALLOWED BY LAW, BION WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR LINKED TO THE WEBSITE.
Without limiting any of the foregoing, certain products marketed or described on the Website may be covered by separate terms and conditions, and the limitations and disclaimers set forth above will not limit or restrict any such warranty. You may find more information regarding Bion’s Terms and Conditions on the website.
Indemnification
You agree to defend, indemnify, and hold harmless Bion, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorney’s fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your use of the Website’s Content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Links to Sites Operated by Third Parties
The Website may provide links to websites operated by third parties. Bion is not responsible for examining or evaluating these third party websites, and Bion does not warrant the products or offerings of any of these businesses or individual or the accuracy or content of those websites. Before you use any website, you should review the applicable terms of use and policies. The inclusion of a link in this Website does not imply Bion’s endorsement of the website. If you decide to access a linked third-party website, you do so at your own risk.
Waiver
Bion’s failure at any time to require performance of any provision under these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
Severability
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provisions shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of the Terms of Use shall remain in full force and effect.
These Terms May Change
Bion may revise and update these Terms of Use from time to time in its sole discretion and without prior notice. All changes are effective immediately. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.