Last Updated: 16 Nov 2018
The following policies also apply to your use of our websites:
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.
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.
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.
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.
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.
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.
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.
- 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.
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
15. General information