Terms of Use

BioMatrix Terms of Use

These are the terms of use (“Terms of Use”) for your use of all web sites, services and features accessed through sites owned or controlled by BioMatrix, LLC (“BioMatrix”) including www.BioMatrix.com (collectively, the “Services”), whether as an authorized user or as a casual user or visitor.  We may add additional domains or sites from time to time as we expand our service offerings; all such new domains or sites will be deemed part of the “Services” hereunder, and these Terms of Use will govern the use of such new domains or sites when added.  You may be accessing our Services from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Services and your conduct, regardless of the means of access.

By accessing or using the Services, you agree to be bound by these Terms of Use, our Privacy Policy available at www.BioMatrix.com/termsofuse.html and any other guidelines or rules that we may publish from time to time relating to the use of the Services (“Guidelines”), whether or not you have read them. To the extent you register to use any Services that require registration as an authorized user, then in addition to the terms that are applicable to all users of the Services, the terms that apply only to authorized users will apply to you.  Separate terms and conditions of use may be provided in connection with your registration for such Services.  If you do not agree with these Terms of Use, our Privacy Policy or any of our Guidelines, then you should not use the Services.

BioMatrix reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, or Guidelines from time to time at any time, without notice, and in its sole discretion. If BioMatrix decides to change these Terms of Use, BioMatrix will post a new version in connection with the Services and update the date set forth above. Any changes or modifications to these Terms of Use or the Guidelines will be effective upon posting of the revisions. Your continued use of the Services following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Services. For this reason, you should frequently review these Terms of Use, our Guidelines and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Services. BioMatrix may, at its sole discretion, and at any time, discontinue any services or features offered through the Services, or any part thereof, with or without notice to you, or may prevent your use of the Services with or without notice to you.

The Services Does Not Provide Medical Advice
All of the material provided through the Services, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided through the Services are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Please also consult with your own physician or health care practitioner regarding the information received as a result of your use of the Services before using or relying on it. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Never disregard professional medical advice or delay in seeking it because of information provided to you through the Services. BioMatrix does not give or intend to give answers to medical related questions and the Services does not replace any medical professional or medical resource.  BioMatrix does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided through the Services.

Some of the treatment information provided through the Services is from third party sources (“Third Party Research”). Every effort has been made to ensure that the Third Party Research is accurate, up-to-date, and complete, but no warranty is made to that effect. Third Party Research has been compiled for use by Authorized Users in the United States. BioMatrix does not warrant that uses outside of the United States are appropriate.

If you think you may have a medical emergency, call your doctor or 911 immediately.
BioMatrix does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned through the Services at the invitation of BioMatrix, or by other user is solely at your own risk. All clinical data entered by the patient or provider must be true and correct, and failure to correctly enter clinical data will impact the Services and any information obtained from using the Services.

Privacy
You agree that you have read, understood and accept BioMatrix’s Privacy Policy available at:www.BioMatrix.com/privacypolicy.html.  This policy explains BioMatrix’s collection of personal and non-personal information from you when using the Services and its use of and sharing of such personal and non-personal information.

BioMatrix will not disclose, trade, rent, sell or otherwise transfer your personal information without your consent except as otherwise set out herein and in the Privacy Policy. Notwithstanding the foregoing, BioMatrix may transfer information BioMatrix has about you to third parties in connection with a merger, sale or acquisition involving all or part of our company, or as part of a corporate reorganization or stock sale or other change in corporate control.  If BioMatrix undergoes such a business transition, your personal information may be one of the assets affected.

Links to Other Websites
BioMatrix may contain links to other websites that are not under the control of BioMatrix. The inclusion of any link does not imply endorsement by BioMatrix of such third party site, an association or relationship with that third party site, and BioMatrix is not responsible for the content of such linked sites. You use all linked sites at your own risk.  Some linked sites may charge fees for the services or features they offer, and any charges or obligations that you incur in your dealings with third parties are your responsibility.  These Terms of Use do not apply to companies or sites that BioMatrix does not own or control or to the actions of people that BioMatrix does not employ or manage.  You should always check the terms of use and privacy policies of any websites you visit.

Mobile Access
If you access the Services via your mobile phone (through an iPhone application, for example), we do not currently charge for that access.  Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

Termination of Access
You agree that BioMatrix may, with or without cause, immediately terminate your registration with the Services or limit or terminate your access to the Services without prior notice. Without limiting the foregoing, the following may lead to a termination by BioMatrix of your use of the Services: (a) breaches or violations of these Terms of Use, any Guidelines or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies or to comply with legal process, (c) a request by you (self-initiated cancellation), (d) unexpected technical issues or problems, (e) to protect the property or personal safety of BioMatrix, other users or the public, and (f) extended periods of inactivity. BioMatrix may, but has no obligation to, maintain, store, or transfer to you information or data that you have posted on or uploaded to the Services after termination of your registration.

Limitations on Liability; Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE BIOMATRIX SITE, AND THE SERVICES OR FEATURES OFFERED THEREON, AND THE INTERNET IS AT YOUR SOLE RISK.  THE SITE AND THE SERVICES OR FEATURES OFFERED THEREON IS PROVIDED ON AN “AS IS WHEREAS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, ACCURACY, AVAILABILITY OR PERFORMANCE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE OR ANY SERVICES OR FEATURES OFFERED THEREON.  BIOMATRIX DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BIOMATRIX WILL HAVE ADEQUATE CAPACITY FOR THE SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIOMATRIX DOES NOT PROVIDE ANY WARRANTIES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, (A) THE ACCURACY OF LOCATION BASED INFORMATION TRANSMITTED THROUGH THE SITE, (B) THE ACCURACY OR VALIDITY OF ANY INFORMATION TRANSFERRED THROUGH THE SITE TO ANY THIRD PARTY, AND (C) ANY LOSSES (INCLUDING LOST DATA OR INFORMATION) THAT MAY OCCUR AS A RESULT OF A DELAYED OR LOST TRANSFER THROUGH THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BIOMATRIX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARISING OUT OF OR RELATING TO THE SITE IS TO STOP USING THE SITE, AND TO CANCEL OR NOT RENEW YOUR AUTHORIZED USER ACCESS.  YOU ACKNOWLEDGE AND AGREE THAT BIOMATRIX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SITE.  IN NO CASE SHALL BIOMATRIX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY TO YOU EXCEED $50.00.  IN NO CASE SHALL BIOMATRIX OR BIOMATRIX’ AFFILIATES BE LIABLE FOR INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF YOUR ACCESS TO OR USE OF THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR THE FEATURES OR SERVICES OFFERED THEREON.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BIOMATRIX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Indemnification
You agree to indemnify and hold harmless BioMatrix, its officers, directors, members, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms of Use or your use of the Services provided such Claims are not caused by the gross negligence or willful misconduct of BioMatrix. This provision shall survive termination of these Terms of Use.

International Users
BioMatrix makes no claims that information provided in connection with the Services is appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted through the Services will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy at www.BioMatrix.com/privacypolicy.html. If you are a non-U.S. user, you acknowledge and agree that BioMatrix may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use the Services.

Export Control Laws
The information provided through the Services may be subject to United States export controls, and export controls of other jurisdictions.  By using the Services or downloading any information therefrom, you warrant that you are not located in any country, or exporting such information to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.  You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any information subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.  You further agree not to upload any information, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.  This paragraph shall survive termination of this Agreement.

Governing Law and Venue
These Terms of Use shall be governed by the laws of the State of New Jersey and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected use of the Services, shall be litigated exclusively in the state and federal courts residing in the State of New Jersey, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of New Jersey. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BIOMATRIX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.

Intellectual Property Rights
All design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all software on the Services is copyrighted material of BioMatrix, LLC, Copyright © 2012 ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Services is the exclusive property of BioMatrix and protected by U.S. and international copyright laws. All software used to provide the Services is the property of BioMatrix or its software suppliers and is protected by U.S. and international copyright laws.

The top level domain name BioMatrix.com, all extensions of the top level domain and all country-specific domain names derived therefrom, as well as all page headers, custom graphics and button icons displayed thereon, are service marks, trademarks, and/or trade dress of BioMatrix and may not be used in connection with any service that is not offered by BioMatrix in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BioMatrix. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

BioMatrix grants you a personal, limited, non-transferable, non-exclusive license to use the Services and the information contained thereon solely for your personal, private and non-commercial use.  You may electronically copy and to print in hard copy portions of the information provided through the Services for personal reference only. Any other use of materials received through the Services – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of BioMatrix is strictly prohibited.  Any commercial use is expressly prohibited.  You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the information.  Your rights are subject to your compliance with these Terms of Use.

Miscellaneous Terms
BioMatrix may assign these Terms of Use at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement, or any rights or obligations hereunder. You agree that these Terms of Use is not intended to confer and does not confer any rights or remedies upon any person other than the parties to these Terms of Use.

If any provision of these Terms of Use is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect. No waiver of any term of these Terms of Use will be deemed a further or continuing waiver of such term or any other term, and BioMatrix’s failure to assert any right under these Terms of Use shall not constitute a waiver of such term or provision.

The Terms of Use (including any other supplemental terms incorporated by reference into this document) and any posted rules or instructions regarding the Services, including without limitation the Privacy Policy, constitute the entire agreement between you and BioMatrix.  If there is any conflict between the Terms of Use and any other rules or instructions posted in connection with the Services, BioMatrix shall resolve the conflict in its sole discretion.