THESE TERMS GOVERN YOUR USE OF THE SYSTEM AND ANY RELATED UPDATES. YOUR CONTINUED USE OF THE SYSTEM FOLLOWING ANY MODIFICATION TO THE SYSTEM OR THESE TERMS CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE APPLICATION OF THE TERMS TO SUCH MODIFIED SYSTEM OR TERMS. TO STAY INFORMED OF ANY CHANGES, PLEASE REVIEW THE MOST CURRENT VERSION OF THESE TERMS AT www.biomeme.com. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SYSTEM.
- License to Use the System.
- Your Responsibilities.
2.1 General. You shall (i) be responsible for each individual you authorize to access or use the System on your behalf (each, an “Authorized User”) and such Authorized User’s compliance with these Terms, (ii) be responsible for the accuracy, quality and legality of your data entered in or stored on the System; (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the System, and notify Biomeme promptly of any such unauthorized access or use, and (iv) use the System only in accordance with these Terms and all applicable laws and government regulations. 2.2 Your Accounts and Authorized Users. In connection with your use of the System hereunder, an “Account” will be established, represented in each case by a single set of access credentials from Biomeme. Credentials provided to an Authorized User to access an Account may not be shared or used by more than one person. 2.3 Your Back-Ups. You acknowledge that you are responsible for creating back-ups of your data and any other content provided or used by you within the System. Biomeme shall have no obligation to maintain any such content or to forward any content to you or any third party. 2.4 Your Keys. In connection with your use of the System, you may elect to provide Biomeme access to keys, credentials, or passwords (“Keys”) to access your applications and/or technology infrastructure. By providing Biomeme any such Keys, you authorize Biomeme to use those Keys and to access your applications and infrastructure for the purpose of providing the System under these Terms. 2.5 General Restrictions. You shall not (i) make the System available to anyone other than Authorized Users, (ii) sell, resell, rent or lease the System, (iii) use the System to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (iv) interfere with or disrupt the integrity or performance of the System or third-party data contained therein, or (v) attempt to gain unauthorized access to Biomeme’s websites or any related systems or networks.
- Term and Termination.
3.1 These Terms are effective from the date you begin using the System and shall continue for an indefinite period of time, unless or until your use of the System is terminated either by you or by Biomeme (the “Term”) in accordance with these Terms. 3.2. Biomeme may terminate your use of the System immediately if: (i) You fail to comply with any of these Terms; (ii) You fail to timely pay Biomeme any fees or other amounts owed to Biomeme as may be specified in an Order Form; (iii) The System is discontinued; (iv) If a specific time was specified for the length of the service for the System you purchased and such time expires; or (v) You have an overdue balance for any services or products purchased, leased or licensed from Biomeme, its representatives, agents or contractors. You agree to reimburse Biomeme for any fees incurred by Biomeme in collecting your payments due and unpaid, including but not limited to credit card chargeback fees and attorney fees. 3.3 You may terminate your use of the System at any time by notifying Biomeme in writing to Biomeme Inc., 1015 Chestnut Street, Suite 1401 Philadelphia, PA 19107. Upon any termination and pending the return of the System components as required under Section 3.4 below, you shall receive a prorated refund of any amounts for service that you paid in advance; provided, however, that no refunds shall be provided for partial months. 3.4 Within 30 days after expiration or termination of the Term, You shall, unless agreed in writing by Biomeme, properly pack and return all equipment, hardware and documentation related to the System that is in your possession, unencumbered and in the same condition as when delivered by Biomeme, reasonable wear and tear alone excepted, to Biomeme, Inc. , 1015 Chestnut Street, Suite 1401 Philadelphia, PA 19107. You agree to forfeit your deposit on the leased unit included in your System at the end of such 30 day period if any such unit is not timely returned or if a unit System has been destroyed, or damaged.
By virtue of these Terms, the parties may have access to information that is confidential to one another, including but not limited to these Terms and all information clearly identified as confidential at the time of disclosure (“Confidential Information”); however, a party’s Confidential Information shall not include information that: (i) is or becomes a part of the public domain through no act or omission of the other party; (ii) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (iii) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (iv) is independently developed by the other party. Each party agrees not to disclose the other’s Confidential Information to any third party except in connection with a legal proceeding arising from or in connection with these Terms or to a governmental entity as required by law.
- Limitation of Liability, Limited Warranty and Technical Support.
5.1 Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, BIOMEME MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE SYSTEM OR ANY COMPONENT THEREOF. THE SYSTEM IS PROVIDED “AS-IS”, MAY HAVE OR RESULT IN ERRORS AND MAY PRODUCE UNEXPECTED RESULTS. BIOMEME SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SYSTEM, ITS USE, OPERATION AND SUPPORT. YOU AGREE THAT ANY USE OF THE SYSTEM SHALL BE ENTIRELY AT YOUR OWN RISK. BIOMEME IS UTLIZING COMMUNICATION NETWORKS OF OTHER CARRIERS OF WHICH IT HAS NO CONTROL AND YOU ARE AWARE THAT THE SYSTEM IS DEPENDENT ON THE AVAILABILITY AND FUNCTIONALITY OF THOSE CARRIER NETWORKS. YOU ARE AWARE THAT SYSTEMS CONTAIN ELECTRONIC PARTS THAT MAY CEASE TO WORK. BIOMEME SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS, THE USE OF THE SYSTEM, OR ANY OBLIGATION RESULTING THEREFROM. IN NO EVENT SHALL BIOMEME BE LIABLE FOR ANY DAMAGES, HOWEVER DESIGNATED, FOR FAILURE TO PERFORM UNDER THESE TERMS TO THE EXTENT SUCH FAILURE TO PERFORM WAS THE RESULT OF ANY ACT, BREACH OR OMISSION TO ACT BY YOU, YOUR EMPLOYEES, AGENTS OR REPRESENTATIVES. YOU MAY NOT ALLOW A THIRD PARTY TO USE THE SYSTEM, UNLESS EXPRESSLY AUTHORIZED IN THESE TERMS, AND AGREE TO INDEMNIFY AND HOLD BIOMEME HARMLESS FROM ANY DAMAGES OR CLAIMS ARISING FROM SUCH USE BY ANY THIRD PARTY. BIOMEME PRODUCTS ARE FOR ENTERTAINMENT, EDUCATIONAL AND RESEARCH USE ONLY. GENETIC VARIATIONS EXPLAIN ONLY A SMALL PART OF THE HERITABILITY OF A TRAIT, AND THEY ALSO DON’T TAKE INTO ACCOUNT HOW DIFFERENT VARIANTS MAY INTERACT. IN ADDITION, PUBLISHED REPORTS TYPICALLY IGNORE ENVIRONMENTAL, DIETARY, MICROBIAL, MEDICAL HISTORY AND LIFESTYLE FACTORS, ANY OR ALL OF WHICH MAY WELL AFFECT MY TRUE RISK FOR WANT TRAIT OR DISEASE. PEOPLE ARE STRONGLY ENCOURAGED TO DISCUSS WITH A DOCTOR, GENETIC COUNSELOR OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO MAKING AND HEALTH-RELATED DECISIONS. BIOMEME IS NOT IN THE BUSINESS OF, AND DOES NOT PROVIDE, DIAGNOSTIC SERVICES, MONITORING SERVICES, MEDICAL CARE OR DIRECT MEDICAL CARE FOR PATIENTS. BIOMEME DOES NOT PROVIDE MEDICAL ADVICE AND DOES NOT PRESCRIBE OR DISPENSE MEDICATIONS. ONLY PHYSICIANS, PHARMACISTS, OR OTHER LICENSED AND AUTHORIZED LEARNED INTERMEDIARIES MAY SET OR CHANGE THE PRESCRIPTION DRUG TAKING INSTRUCTIONS, AND INFORMATION DELIVERED TO PATIENTS AS DETERMINED BY LAW AND LICENSE PROTOCOLS. BIOMEME SHALL NOT BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST BIOMEME BY YOU AND/OR BY ANY THIRD PARTY, BASED ON THE PROVISION, OR LACK OF PROVISION OF, MEDICAL CARE TO YOU OR ANY OTHER PARTY. BIOMEME SHALL NOT BE RESPONSBILE FOR ANY MISPLACEMENT OF MEDICINE, REMOVAL OF MEDICINE, WRONG DOSAGE, FAILURE TO REFILL OR TAKE MEDICINE, OR FOR DRUG INTERACTIONS. IT IS THE PATIENT’S RESPONSIBILITY TO TAKE HIS OR HER MEDICINE. BIOMEME DOES NOT KNOW IF A PATIENT ACTUALLY TOOK HIS OR HER MEDICINE, OR IF A PATIENT FILLED THE CORRECT MEDICINE IN THE RELEVANT COMPARTMENTS AND IN THE RIGHT DOSAGE. BIOMEME IS NOT A DECISION SUPPORT SYSTEM AND DOES NOT HAVE THE ABILITY TO CHECK FOR DRUG TO DRUG INTERACTIONS, DRUG TO FOOD INTERACTIONS, DRUG DOSAGES, DRUG FREQUENCIES OR ANY WAY TO DETERMINE IF THE DRUG(S) ARE SAFE, EFFECTIVE OR APPROPRIATE FOR ANY GIVEN PATIENT. BIOMEME SHALL NOT BE LIABLE TO ANY CUSTOMER AND/OR ANY THIRD PARTY, BASED ON ANY SYSTEM INFORMATION, AND/OR ANY OTHER INFORMATION COLLECTED BY THE SYSTEM, RECEIVED BY BIOMEME, AND/OR USED BY BIOMEME AFTER COLLECTION. BIOMEME SHALL NOT BE LIABLE FOR FAILURES DUE TO CAUSES BEYOND ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, ACTS OF GOVERNMENT, FIRE, FLOOD, STRIKES, TERRORISM, WAR, OR ACTS OR OMISSIONS OF CARRIERS. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED. 5.2 Limited Warranty. (i) UPON DELIVERY OF THE SYSTEM TO YOU, ALL RISK OF LOSS AND DAMAGE TO THE SYSTEM SHALL PASS TO YOU, PROVIDED, HOWEVER, THAT IF YOU RECEIVED A DEFECTIVE SYSTEM FROM BIOMEME, YOU SHALL PROMPTLY NOTIFY BIOMEME, AND BIOMEME WILL EITHER REPAIR OR REPLACE THE SYSTEM, WHICH SHALL BE THE SOLE REMEDY AGAINST BIOMEME FOR SUCH OCCURRENCE. As the sole remedy under the Warranty, Biomeme shall make appropriate adjustments, repairs, and replacement of the parts of the System device and equipment that, in its sole discretion, are deemed necessary to keep the System in good working order. The Warranty shall not cover adjustments, repairs, and replacements that are due to: accident, impact, theft, neglect, or misuse, exposure to temperature, humidity, electrical, magnetic and/or other extremes; exposure to water, sand, and/or other contaminants; alteration and/or modification of the System, including but not limited to, any deviation from the circuit or structural machine designs of the System, and/or deviations from software programming in the System, but excluding alterations, modifications, and/or deviations approved by Biomeme and/or performed by Biomeme; installation, removal, and/or modification of any features, capabilities, and/or parts from the System, maintenance performed by anyone other than authorized by Biomeme; use of supplies, batteries, or materials which do not meet Biomeme’s specification for use with the System; and/or use of the System for purposes and uses other than for which they were designed, and/or intended by Biomeme. (ii) You shall be responsible for notifying Biomeme immediately if the System does not appear to be functioning properly for whatever reason. Biomeme and you shall cooperate to determine if any System components need to be returned and replaced. Any System component to be returned shall be returned in its original packaging (or, if not available, in comparable protective packaging) and shall be returned to Biomeme only after you have obtained authorization from Biomeme to do so, which shall be provided on a timely basis and not unreasonably withheld by Biomeme. You agree to comply with Biomeme instructions with respect to the return of any System components, pursuant to which Biomeme shall pay reasonable shipping costs. 5.3 Technical Support. For questions related to technical support you may call +1 (267) 930-7707 between 9 AM and 5 PM, EST, Monday through Friday or email us at support[AT]Biomeme[DOT]com
You will defend, indemnify, and hold harmless Biomeme from and against any and all claims, losses, liabilities, damages, costs, and expenses (including attorneys’ fees, expert witness fees, and court costs) based upon, resulting from or related to: (i) any improper, illegal, or unauthorized use of the System or any element thereof by you; or (ii) any breach of your representations, warranties or covenants under these Terms.
- Changes to these Terms.
From time to time, we will change these or impose new conditions on the use of the System, in which case we will post the revised Terms on our website and promptly notify you of such changes in accordance with Section 8.6 below. A revised form of these Terms will be effective immediately upon its posting on Biomeme’s website at www.biomeme.com. You are responsible for reviewing the most current version of these Terms before using the System to ensure that you agree to any revisions. If at any time you do not agree to the revisions we make to these Terms, you should immediately stop accessing or using the System in any manner whatsoever and return any equipment, hardware and documentation included in your system in accordance with the provisions of Section 3.4. By continuing to use the System after we post any such changes, you accept these Terms, as modified. You further agree that these methods of providing notice and acceptance of changes or amendments to these Terms are reasonable.
8.1 Entire Agreement. These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. 8.2. Assignment. Biomeme may freely assign or delegate all rights and obligations under these Terms, fully or partially, with or without notice to you. Biomeme may also substitute, by way of novation, any third party that assumes our rights and obligations under these Terms. 8.3 Governing Law, Dispute Resolution, Waiver of Jury Trial. (i) These Terms shall be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. You agree that any claim or dispute you may have against Biomeme must be resolved by a federal or state court in the Eastern District of the Commonwealth of Pennsylvania and you hereby consent to the jurisdiction of such courts. The prevailing party in any dispute hereunder shall be entitled to recover from the other party its costs, expenses and reasonable attorneys’ fees (including any fees for expert witnesses, paralegals, in-house counsel, or other legal services providers). ` (ii) THE PARTIES HERETO IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM. THE PARTIES AGREE AND UNDERSTAND THAT THE EFFECT OF THIS AGREEMENT IS THAT THEY ARE GIVING UP THE RIGHT TO TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW. 8.4 Severability. In the event that any provision of these Terms shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms should remain in full force and effect and be interpreted as if such invalid or unenforceable provision had not been a part hereof; provided, however, that if any particular portion of these Terms shall be adjudicated invalid for any reason, these Terms shall be deemed amended to diminish such unenforceable provision such that the remaining provisions shall be the broadest permitted under applicable law. 8.5 Export Control. The System and other technology made available by Biomeme and derivatives thereof may be subject to export and import laws and regulations of the United States and other jurisdictions. You hereby represent that you are not named on any U.S. government denied-party list. You shall not permit any Authorized Users to access or use the System in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan and Syria) or in violation of any export or import law or regulation of any jurisdiction. 8.6 Notices. All notices required or permitted hereunder shall be in writing and shall be deemed effectively given: (i) one day after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt, (ii) three days after being sent by registered or certified mail, return receipt requested, postage prepaid, and (iii) with respect to notice given by Biomeme only, Biomeme may send a notice by electronic email to the email address used to open an account for you and such notice shall be deemed delivered when sent. Each party shall be responsible to update its own contact information in the manner provided herein. Biomeme may amend its contact information by amending its contact information on its web page. 8.7 Survival. The provisions of these Terms intending by their terms to survive the expiration or termination hereof shall so survive, including, without limitation, provisions regarding intellectual property rights, limitation of liabilities, exclusions and disclaimers, confidential information and the general provisions of this Section 8.7.
Welcome to www.biomeme.com (the “Site”), a website operated by Biomeme, Inc. (“Biomeme”, “we”, “us” or “our”). We operate and provide a hardware device (“Hardware”), various consumables and reagents for nucleic acid isolation and molecular analysis (“Consumables”), as well as online and downloadable application based software (“Software”) which enable users (“Users”) to conduct molecular analysis and share data (the “Service”). Our Site provides further information about our Service. We collect, use and disclose information from and/or about you when you use the Site or the Service.
2. Your personal information
How We Collect and Use Personal Information We receive Personal Information that may consist of Personal Information submitted through the Hardware, Software and/or the Site, or that you actively submit. When you voluntarily provide or request information, subscribe to the Service or otherwise actively enter Personal Information, you will know what data we collect, because you actively submit it. You can elect not to provide Personal Information by not entering it when asked. When you provide such information, you are agreeing that we may use that information to provide the Service and any related products, services and offerings that you have requested or for which you have registered and to contact you to learn about your experience and to improve our product and service offerings. We may use personal information for a number of purposes such as:
- To respond to an email or particular request from you.
- To personalize the Site for you.
- To administer surveys and promotions.
- To provide you with information that we believe may be useful to you, such as information about products or services provided by us or other businesses.
- To perform analytics and to improve our products, websites, and advertising.
- To comply with applicable laws, regulations, and legal process.
- To protect someone’s health, safety, or welfare.
- To keep a record of our transactions and communications.
- As otherwise necessary or useful for us to conduct our business, so long as such use is permitted by law.
3. Passively Tracked Information.
How We Collect Passively Tracked Information When you use the Site or the Service, certain information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services (collectively, “Passively Tracked Information”), such as:
- We keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.
- When you access the Software or Site from a computer, Hardware or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type and access times (collectively, “Anonymous Information”).
- We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make the Site and Service easier to use, to make our advertising better, and to protect both you and Biomeme. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you may not be able to stay logged in to the Site.
Passively Tracked Information we collect when you interact with the Site or the Software and Hardware while participating in the Service may be Personal Information (e.g., if you are logged in) or Anonymous Information. How We Use Passively Tracked Information We will use Passively Tracked Information to:
- Market our Service and those of third parties we believe may be of interest to you.
- Respond to your requests, resolve disputes and/or troubleshoot problems.
- Improve the quality of the Site and the Service.
- Communicate with you about the Site and the Service.
4. How We Protect Your Information.
We maintain reasonable administrative, technical and physical safeguards designed to protect the information that you provide on our Site and in connection with the Service. We also use encryption of the data at rest and physically separate Personal Information from health information. However, no security system is impenetrable and we cannot guarantee the security of our website, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the Internet, and we are not liable for the illegal acts of third parties such as criminal hackers.
5. Links To Third Party Products and Services.
While you are visiting or using our Site, you may be provided with links to other websites not owned or controlled by Biomeme. These websites, information they provide and products and services offered there are provided by independent companies not owned or operated by Biomeme. If you click on one of the presented offers, you will be redirected to the website of the third party, and any information you provide in response to the offer will be collected and used by the third party and not by Biomeme. Information you provide to the third party and any dealings you have with third parties will be governed by the privacy and other policies of that third party. Biomeme cannot be responsible for the privacy practices of the other sites. A link to a non-Biomeme website does not constitute or imply endorsement of Biomeme.
6. Use of Electronic Mail.
Biomeme may provide email links in any portion of the Service to further facilitate communication between Biomeme and you. Information collected through email may be shared with our customer service group, employees or other third parties that perform services on our behalf. Unless otherwise noted, email is not a completely secure and confidential means of communication. Non-encrypted email communications may be accessed and viewed by other Internet users without your knowledge and permission while in transit to us.
7. Effective Date, Amendments.
8. Contact Us.
If you believe we or any company associated with us has misused any of your information, please contact us immediately and report such misuse. You may call us at +1 (267) 930-7707 .