Terms of Use

Last Updated: September 13, 2021

Welcome to the BiologyWorks, Inc. (“BW”) website located at https://www.biologyworks.com (the “Site”). Please read these Terms of Use (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of our Site and our associated mobile apps. 

  1. Agreement to Terms. By using our Site or mobile apps, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Site or mobile apps. These Terms constitute the entire and exclusive understanding and agreement between BW and you regarding the Site and mobile apps and content contained on the Site and our mobile apps. 
  2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Site and mobile apps is subject to our Privacy Policy. 
  3. Changes to Terms or Site and mobile apps. We may update the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the updated Terms on the Site and mobile apps or through other communications. 
  4. Non-Confidential Information. You agree that any information that you submit or communicate to BW will be treated by us as non-confidential and non-proprietary information. BW shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products. Personal information that you provide to us will be treated in accordance with our Privacy Policy. 
  5. Website and Mobile App Content. The entire contents of this Site and our mobile apps are subject to copyright protection and owned by BW or its licensors. Permission is granted to display, copy, distribute and download the materials on this Site and mobile apps for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download or transmit any material on this Site and/or mobile apps for public or commercial use without prior written approval of BW. You may not “mirror” any material contained on this Site and mobile apps on any other server without prior written permission from BW. All rights not granted are reserved by BW. 
  6. Trademarks. All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of BW, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. All third-party marks on the Site and mobile apps are the property of their respective owners. Reference to third-party marks does not imply a relationship of endorsement or otherwise. 
  7. Links to Third Party Websites or Resources. This Site and mobile apps may contain links or references to other websites maintained by third parties over whom BW has no control. Such links are provided solely as convenience to you. If you use these links, you will leave this Site and mobile apps. Similarly, this Site and mobile apps may be accessed from third party links over which BW has no control. BW makes no warranties or representations of any kind as to the accuracy, currency or completeness of any information in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third-party link does not imply an endorsement or recommendation by BW. 
  8. Disclaimers. The Site and mobile apps and content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty regarding and assume no responsibility for the quality, accuracy, currency, timeliness, truthfulness, completeness or reliability of any content. Content may become out-of-date and may include omissions or other errors. BW may change the information and content provided on the Site and mobile apps at any time without notice. BW provides the Site and mobile apps and content for informational purposes only. The Site and mobile apps and content are not a substitute for and do not contain or constitute, and should not be interpreted as, professional or medical advice, opinion, diagnosis or treatment of any kind. The content made available on or through the Site and mobile apps should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. For medical advice, you should consult a medical professional. Your use of the Site and mobile apps or any communication with BW does not create a doctor-patient relationship between you and BW. In addition, nothing contained in the Site and mobile apps shall be constructed as a promotion or solicitation of any product or medical device prohibited by United States laws. 
  9. Indemnity. You will indemnify and hold harmless BW and its officers, directors, employees and agents, suppliers and third-party partners from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Site and mobile apps or its content, or (ii) your violation of these Terms. 
  10. Limitation of Liability. In no event will BW or its suppliers or other third party partners be liable for any damages (including, without limitation, direct, indirect, special, incidental or consequential damages), damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site and mobile apps, any websites linked to this Site and mobile apps, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, tort (including, but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will BW’s total liability arising out of or in connection with these terms or from the use of or inability to use the Site and mobile apps or content exceed one hundred dollars ($100). The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between BW and you. 
  11. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes, claims or controversies arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site and mobile apps or content will be the state and federal courts located in the Central District of California, and you and BW each waive any objection to jurisdiction and venue in such courts. 
  12. Void Where Prohibited. This Site and mobile apps and its contents are intended to comply with the laws and regulations in the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. BW reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or limit the quantities or any products or services we provide. Any offer for any product or services made on this Site and mobile apps is void where prohibited.