(Last Updated January 1, 2020)
By your use of this Website, you represent and warrant that you are at least eighteen (18) years of age. If you are not at least eighteen (18) years of age, then do not use this Website without the consent of your parent or legal guardian; provided, however, that if you are under thirteen (13) years of age, then you may not use this Website under any circumstances.
Title and risk of loss pass to the Buyer upon the packaged products being made available at the place of shipment for delivery by the carrier, such that all deliveries are made “EXWORKS” place of shipment. Any delivery dates are estimates only and we are not liable for delays in delivery or for failure to perform due to causes beyond our reasonable control, and the carrier is not our agent. A delayed delivery of all or any part of an Order does not entitle you to cancel any other orders or deliveries.
While BIOS strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. BIOS reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price, with incorrect information, or discounted in error, BIOS shall have the right, in its sole discretion and to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, BIOS will issue a credit to your credit card as your sole and exclusive remedy if permissible under applicable law, and you are waiving any and all other remedies against us. We apologize for any inconvenience this may cause you.
BIOS controls this Website from its corporate office located in the State of Florida. BIOS does not imply that the materials published on this Website are appropriate for use outside of the United States. Notwithstanding the foregoing, if you access this Website from outside of the United States, you do so on your own initiative and you are responsible for compliance with all applicable domestic and local laws, regulations or equivalents thereof.
THE TERMS OF THIS WEBSITE, SOLICITATIONS, ADVERTISING AND PURCHASES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS. YOU AGREE THAT BREVARD COUNTY, FLORIDA OR THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA SHALL BE THE EXCLUSIVE VENUE AND JURISDICTION FOR ANY DISPUTE, SUIT, LIABILITY, DAMAGE, CLAIM OR LOSS ARISING FROM OR IN ANY WAY ASSOCIATED WITH YOUR SOLICITATION, PURCHASE OR USE OF, OR ACCESS TO THE WEBSITE (COLLECTIVELY, “DISPUTE”). IN THE EVENT OF ANY DISPUTE AND AS A CONDITION PRECEDENT TO PROCEEDING WITH ANY LEGAL ACTION RELATING THERETO, YOU SHALL NOTIFY BIOS (SEE CONTACT INFO BELOW) SETTING FORTH THE NAME, ADDRESS AND CONTACT INFORMATION, THE FACTS GIVING RISE TO THE DISPUTE AND THE RELIEF REQUESTED FROM BIOS AND YOU WILL THEN ATTEMPT TO RESOLVE THE DISPUTE THROUGH INFORMAL NEGOTIATIONS WITH BIOS WITHIN SIXTY (60) DAYS FROM THE DATE OF YOUR NOTICE OF DISPUTE AFTER WHICH YOU MAY COMMENCE YOUR LITIGATION.
TO THE EXTENT ANY OF THESE LIMITATIONS OF LIABILITY ARE NOT PERMITTED IN ANY JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE BIOS COMPANIES AND WEBSITE SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR DISPUTE(S) THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS (US$100.00) AND, CONDITIONED UPON THE RETURN OF ANY PURCHASED PRODUCTS THAT ARE THE SUBJECT OF THE DISPUTE, RETURN OF ANY FUNDS RECEIVED BY BIOS FOR SUCH PURCHASED PRODUCTS.
BIOS PROVIDES ACCESS TO THIS WEBSITE TO BIOS CUSTOMERS AND PROSPECTIVE CUSTOMERS “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES/PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BIOS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BIOS FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZES. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BIOS FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE FOR ANY THEFT OR LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS SENT TO, FROM OR STORED ON THIS WEBSITE.