Last Updated: 16 Nov 2018

These Terms of Use (together with the other documents referred to below) set out the terms on which you may access our websites, including www.biosurplus.com and any other websites linking to these Terms of Use.

You should read these Terms of Use carefully before using our websites, as by using our websites you are confirming that you accept these Terms of Use and that you will comply with them.

If you don’t accept these Terms of Use you should leave our websites immediately.

The following policies also apply to your use of our websites:

You are responsible for ensuring that anyone else who accesses our websites through your internet connection is aware of these Terms of Use and the policies referred to above and that they comply with them.

1. About us

The websites are owned and operated by BioSurplus, Inc. (“BioSurplus”, “we” or “our”).  We are a company headquartered in the State of California with an address at 10805 Vista Sorrento Parkway, Suite 200, San Diego, CA, 92121.

You can contact us:

  • By email at info@nullBioSurplus.com.
  • By phone at 858-550-0800.
  • By post at 10805 Vista Sorrento Pkwy, Suite 200, San Diego, CA, 92121.

2. Changes to these Terms of Use and other policies

We may add to, delete or modify these Terms of Use from time to time without any prior notice.  You should therefore check these Terms of Use whenever you return to our websites to see whether any changes have been made, as these will be binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on our websites.

We also make changes to our Privacy Policy and Cookie Policy from time to time, so you should also check these regularly to see whether any changes have been made.

3. Disclaimers

We do not guarantee that access to our websites, or the materials contained thereon, will always be available or uninterrupted.  Your right to access our websites is given on a temporary basis only.  We reserve the right to change our websites and the content contained thereon, including without limitation by adding or removing information, data, text, music, sound, photographs, graphics, video, messages, site design, visual interfaces, graphics or other materials (“Content”) or functionality, at any time.

The Content is provided for general information purposes only.  Nothing on our websites is intended to be advice on which you should rely.  You should always obtain appropriate specialist advice before taking, or not taking, action on the basis of the Content.

YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITES OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  WE MAKE NO WARRANTY THAT THE WEBSITES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  IF YOU ARE DISSATISFIED WITH THE WEBSITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Furthermore, we shall not be liable for any loss or damage arising out of your use or access, or inability to use or access our websites.

We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through our websites.  We are not a party to, and do not monitor, any transaction between users and third parties without our direct involvement.

4. Restrictions on your use of our websites

You may only use our websites for lawful purposes and in compliance with all applicable laws, including (without limitation) data protection and privacy laws, laws relating to copyright of content and laws relating to unsolicited commercial electronic messages. We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of our websites, including, but not limited to, the Content, features and/or hours of availability, and we will not be liable to you or to any third party for doing so.  We may also impose rules for and limits on use of our websites or restrict your access to part, or all, of our websites without notice or penalty.  We have the right to change these rules and/or limitations at any time, in our sole discretion.

In addition, you must not:

  • use our websites to send or transmit, whether directly or indirectly, unsolicited or unauthorized advertising or promotional material, chain letters or pyramid selling schemes;
  • use our websites for mail bombing or flooding or to make deliberate attempts to overload a system;
  • use our websites to post content or link to content where the owner of that content has not consented to or authorized that posting or linking or where that posting or linking infringes the rights of that owner;
  • knowingly or recklessly introduce to our websites, or use our websites to transmit, any application, material or ware (such as viruses, spyware, malware or adware) which are malicious or harmful;
  • attempt to gain unauthorized access to our websites, the server, equipment or network on which our websites are stored, any server, computer or database connected to our websites or any software;
  • use our websites to attempt to gain unauthorized access to any other websites, internet account, server, computer, equipment, system, network, data or information;
  • use our websites to monitor data or traffic on any network or system;
  • use our websites to collect or use information including, without limitation, email addresses, screen names or other identifiers, by deceit (such as phishing, internet scamming, password robbery, spidering, scraping and harvesting);
  • use our websites to distribute software;
  • carry out a denial-of-service attack or a distributed denial-of-service attack on our websites or use our websites to carry out any such attack on any other website;
  • use our websites to send, transmit, publish, upload, download, use, store, reproduce or knowingly receive any material that does not comply with the content standards set out in paragraph 6;
  • use our websites to groom, harm or take advantage of minors in any way or to attempt to do so; or
  • use our websites in violation of export laws, controls, regulations or sanction policies of the United States or any other country.

If you breach any term of these Terms of Use, your right to use our websites will immediately end.  In addition, we may take such other actions including, without limitation, legal action as we consider appropriate.

If you breach any term of these Terms of Use, or if we receive a request from a law enforcement authority to do so, we may report your identity, details of any breach and any other information we consider necessary to relevant law enforcement authorities.

5. Passwords and security requirements

If you register an account on our websites, you must provide accurate and complete registration information and keep that information up to date at all times.

Use of certain parts of our websites are password protected.  In order to use password protected areas, you will need a username and password.  It is your responsibility to keep this information secret and confidential and not to disclose it to any other person.

If you think that somebody else might know your username and password, you must log in to your account and change these and/or let us know by telephoning or emailing us using the contact details above as soon as possible.

We reserve the right to disable any username and/or password at any time if, in our reasonable opinion, you fail to comply with any of these Terms of Use, if we consider that you are using our websites to download content or infringe in any manner the rights of another person, or if we consider that there may be a security risk.

6. Content standards

Please remember that any content you upload to our websites (“User Content”) may be viewed by other users, so always think carefully before you submit any User Content.

Any User Content that you upload to our websites must:

  • comply with all applicable laws;
  • be accurate (where it states facts); and
  • be genuinely held (where it states opinions).

You must not upload to our websites any User Content which:

  • impersonates any person or misrepresents your identity or affiliation with any person;
  • is defamatory, obscene, offensive, indecent, malicious, hateful or inflammatory;
  • infringes any copyright, database right, trademark or other intellectual property right of any other person; or
  • is fraudulent or likely to deceive any person or promotes or constitutes illegal or unlawful activity.

If you find any User Content which other users have uploaded to our websites offensive or if you feel it violates our Terms of Use, please let us know by telephoning or emailing us using the contact details above as soon as possible.

7. Copyrights and trademarks

We, or our licensors, own the copyright and all other intellectual property rights in our websites and the Content contained thereon.

Our websites and the Content contained thereon are protected by copyright laws, trademark laws and other applicable intellectual property laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Content from our websites in whole or in part, for any public or commercial purpose without our specific written permission. Any and all rights to the trademarks, logos and brand names used on our websites belong to us or owners of those corresponding rights.

The BioSurplus name and logo are registered trademarks of BioSurplus in the US and other countries. All other trademarks are the property of their respective companies. Without our prior permission, you agree not to display or use our trademark or Content in any manner.  Nothing on our websites should be construed to grant any license or right to use any of our trademarks without our prior written consent. The BioSurplus websites and all assets, documents, and information contained thereon are copyrighted by BioSurplus.

License.  We grant you a personal, non-exclusive, non-transferable license to access our websites and to use the Content and services contained thereon.  In turn, you grant us a non-exclusive, royalty-free license to use any User Content you post on our websites for any purpose, subject to the express terms of these Terms of Use. Except as otherwise provided herein, use of the websites does not grant you a license to any Content, features or materials you may access on our websites and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part.  Any commercial use of our websites is strictly prohibited, except as allowed herein or otherwise approved by us.  You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by us.  We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on our websites.

8. Privacy policy

In the course of your use of our websites, you may be asked to provide certain information to us.  Our use of any information you provide via our websites shall be governed by our Privacy Policy available at http://www.biosurplus.com/privacy-policy/.  We urge you to read our Privacy Policy.  You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

9. International use

We control and operate our websites from our offices in the United States of America, and all information is processed within the United States.  We do not represent that the Content available on our websites is appropriate or available for use in other locations.  Persons who choose to access our websites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to comply with all applicable laws, rules and regulations in connection with your use of our websites.  Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

10. Links from our websites to other websites

Our websites may contain links to other websites from time to time.  These links are provided for your convenience.  We have no control over, and no responsibility or liability to you for, those other websites or their content.

11. Links from other websites to our websites

You may create a link to our websites from another website, but only if you comply with the following conditions:

  • you may only link to the homepage of any of our websites. You must not create a link to any other page of our websites, nor frame any page of our websites;
  • you may only link to our websites from a website which you own; and
  • you must not suggest that we have any association with you or that we approve or endorse your websites or any of your products or services unless we expressly agree that you can do so.

We reserve the right to require you to remove any link to our websites at any time and without giving you prior notice.

12. Indemnity

You agree to defend, indemnify and hold BioSurplus, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of our websites, your violation of these Terms of Use or the posting or transmission of any materials on or throughout our websites by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

13. Our liability to you

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER  BIOSURPLUS, NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, OUR WEBSITES OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF YOU OR YOUR REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN NO EVENT SHALL THE TOTAL LIABILITY OF BIOSURPLUS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF OUR WEBSITES EXCEED, IN THE AGGREGATE, $100.00.

Nothing in these Terms of Use limits or excludes our liability to you for:

  • death or personal injury resulting from our negligence;
  • fraud or fraudulent misrepresentation by us; or
  • any other matter for which we are not permitted by law to exclude or limit our liability.

As these Terms of Use govern your access and use of our websites, all warranties, conditions and other terms relating to our websites and/or Content contained thereon which would otherwise be implied by law (whether by statute, common law or otherwise) are excluded.

We will not be liable to you for any loss or damage arising out of or in connection with your use of (or inability to use) our websites or your use of or reliance upon the Content or any materials contained thereon, whether in contract, tort (including without limitation negligence), misrepresentation, restitution, under statute or otherwise.

14. Governing law

Your visit to our websites and any dispute over privacy is subject to our Privacy Policy, Cookie Policy and Terms of Use, which include limitation on damages and application of the law of the state of California, USA, without regard to any conflict of laws provisions. The federal and state courts of San Diego County, California shall have the exclusive jurisdiction to adjudicate any dispute relating to the Terms of Use, Privacy Policy and Cookie Policy.

15. General information

These Terms of Use constitute the entire agreement between you and BioSurplus and govern your use of our websites, superseding any prior agreements between you and BioSurplus.  You also may be subject to additional terms and conditions that are applicable to certain parts of our websites.

You agree that no joint venture, partnership, employment, or agency relationship exists between BioSurplus and you as a result of these Terms of Use or your use of our websites.

The failure of BioSurplus to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

These Terms of Use inure to the benefit of our successors, assignees and licensees.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.