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TERMS OF USE

(Last Updated January 1, 2020)

These Terms of Use govern your use of this website, www.bioslighting.com, including its related subdomains and microsites (collectively the “Website”), and your purchase of any products through the Website. Our Website is owned and operated by Biological Innovations and Optimization Systems, LLC, a Delaware limited liability company (also known and referred to as BIOS), as a service to our customers.  BIOS offers merchandise to retail customers through this Website and does not sell to individuals or dealers for the purpose of resale to others. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us by email at info@bioslighting.com.  In these Terms of Use, “BIOS” or “we” refers to us, our affiliates, and relevant third-party service providers.

PLEASE BE ADVISED THAT BY INTERACTING WITH THIS WEBSITE YOU ARE AGREEING TO THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY AND COOKIE NOTICE.  IF YOU DO NOT AGREE TO OR CANNOT COMPLY WITH ANY OF THESE TERMS OF USE, NOW OR AT ANY TIME IN THE FUTURE, YOU SHOULD NOT, AND BIOS DOES NOT ALLOW YOU TO, ACCESS OR USE THIS WEBSITE AND ANY SUCH USE IS CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THESE TERMS OF USE.. THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON YOUR REMEDIES. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND BIOS. THE USE OF THIS WEBSITE SHALL BE LIMITED TO THE BOUNDARIES OF THE CONTINENTAL UNITED STATES, HAWAII AND ALASKA.

This Website is intended solely for the non-exclusive and non-commercial use by you and other retail customers. BIOS reserves the right to update or modify these Terms of Use at any time, without prior notice, and your use of this Website following any such change is an agreement by you to be bound by those changes.  BIOS may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time and without notice. BIOS also reserves the right to block or deny access to the Website to anyone at any time for any reason. BIOS reserves the right, in its sole discretion, to reject an order or otherwise limit the quantity of items purchased per person, per household or per order through this Website. These restrictions may be applied at BIOS discretion, including, without limitation, to purchases/orders placed by the same person, the same account, the same credit card and/or orders that use the same billing or shipping address.  Except for your personal non-commercial use, and without modifying or altering any copyright, trademarks or proprietary designations contained in the Website, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the contents or this Website without first obtaining written permission from BIOS.

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.

You agree that you are responsible for all charges incurred in connection with any purchase(s) through our Website, including, without limitation, all taxes (such as federal, state and local sales, excise and value added, goods and services taxes, and any other taxes), shipping costs (such as customs, duties, tariffs and insurance), handling, processing charges or other fees.  Fifty Percent (50%) of the total cost of any purchased product plus shipping and handling shall constitute a security deposit from you for any Purchase Order (the “Deposit”) and the Deposit shall be subject to setoff for any default by you under these Terms of Use. No interest shall be due or payable to you on the Deposit.  Orders submitted through the Website may not be cancelled or rescheduled without our written consent.  To the extent any energy incentive or rebate is available to you for any product or services purchased through this Website we are not responsible for that energy incentive or rebate amount and payment must be made in full.

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.

You agree to use this Website only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following: (a) accessing data not intended for you or logging onto a server or an account for which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail-bombing, or crashing; or (d) sending or relaying unsolicited email, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while making purchases using the Website or interfere or attempt to interfere with the proper working of this Website. In the event of a violation of these Terms of Use, BIOS reserves the right to seek all remedies available by law and in equity.

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 FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IF YOU DISAGREE WITH THESE TERMS OF USE, AS MAY BE AMENDED FROM TIME TO TIME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO (A) DISCONTINUE USING THE WEBSITE, (B) NOT MAKE A PURCHASE, AND/OR (C) FORFEITURE OF THE DEPOSIT FOR ANY ORDERS CANCELLED PRE-SHIPMENT, SUBJECT TO REPAYMENT OF ANY SHIPPING EXPENSES NOT YET INCURRED BY BIOS.  YOU ACKNOWLEDGE AND AGREE THAT, AS OF YOUR DATE OF PURCHASE OF ANY PRODUCT, THE EXACT AMOUNT OF DAMAGES IN THE EVENT THE PURCHASE ORDER IS CANCELLED PRE-SHIPMENT WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN, AND, AS ORDERS MAY NOT BE CANCELLED AT ANY TIME, THE DEPOSIT CONSTITUTES A REASONABLE AND FAIR APPROXIMATION OF ANY DAMAGES TO BIOS CAUSED BY SUCH CANCELLATION (INCLUDING BIOS’ LOST PROFITS AND THE COSTS OF STORAGE, OVERHEAD, REPURPOSING AND RESALE OF SUCH CANCELLED PRODUCT), AND IS NOT A PENALTY.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND/OR YOUR PURCHASE THROUGH THIS WEBSITE IS AT YOUR SOLE RISK AND CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER BIOS, NOR ANY OF ITS AFFILIATES (REFERRED TO COLLECTIVELY HEREIN AS “THE BIOS COMPANIES”), NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, AGENTS OR WEBSITE SERVICE PROVIDERS WILL BE LIABLE TO ANY PARTY FOR ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR SOLICITATIONS, ADVERTISING PURCHASES THROUGH THIS WEBSITE, OR FOR USE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITES INCLUDING, WITHOUT LIMITATION, DAMAGES, LOSSES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR RELIANCE ON THE INFORMATION PRESENT. THIS LIMITATION OF LIABILITY APPLIES WHETHER A CLAIM IS BASED IN CONTRACT, NEGLIGENCE, STATUTE OR TORT, EVEN IF THE BIOS COMPANIES OR WEBSITE SERVICE PROVIDERS ARE EXPRESSLY ADVISED ABOUT, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU SHALL DEFEND, INDEMNIFY AND HOLD THE BIOS COMPANIES AND WEBSITE SERVICE PROVIDERS HARMLESS AGAINST ANY SUCH DAMAGES OR LOSSES. FOR PURPOSES HEREOF, “WEBSITE SERVICE PROVIDERS” SHALL MEAN THIRD-PARTY SERVICE PROVIDERS THAT PROVIDE WEBSITE SERVICES TO THE BIOS COMPANIES THAT CONTRIBUTE TO THE FUNCTIONALITY OF THE WEBSITE.

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.