Beta End User License Agreement (EULA)

IMPORTANT—READ CAREFULLY: BY USING THIS BETA STAGE SOFTWARE PRODUCT (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE DO NOT USE THE SOFTWARE PRODUCT. YOUR USE OF THE SOFTWARE PRODUCT IS CONTINGENT UPON YOUR COMPLIANCE WITH THE TERMS OF THIS EULA AND INDICATES YOUR AGREEMENT THEREWITH.

This End-User License Agreement (“EULA”) is a legal agreement between you, on the one part and Biolert Ltd., on the second part (the “Licensor”), for that certain software application developed by Licensor known as BioLert™ (the “Product”). The Product includes certain software that is designed to monitor and alert you and your designated care provider that your signals indicate the probability that you are having a neurological attack. In addition to software as aforesaid, the Product may also include associated media, printed manuals or other materials related to the use of the Product, and “online” or electronic documentation provided or published by the Licensor. 

YOUR USE OF THE PRODUCT, AND ANY PART THEREOF, AND THE PRODUCT'S AVAILABILITY AND FUNCTIONALITY DEPENDS ON OTHER FACTORS, INCLUDING HARDWARE, SOFTWARE AND COMMUNICATION NETWORK AVAILABILITY, THAT ARE PROVIDED BY THIRD PARTIES AND WHICH ARE NOT IN OUR CONTROL. THESE FACTORS ARE NOT FAULT-FREE AND MAY LIMIT OR PREVENT YOU FROM ENJOYING THE SERVICES AND BENEFITS OFFERED BY THE PRODUCT. 


THE PRODUCT IS AT ITS BETA STAGE AND IS PROVIDED TO YOU ON AN "AS IS AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT, OR ANY PART THEREOF, WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATIONS OF THE PRODUCT WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND/OR THE NON-PERFORMANCE OF THE PRODUCT. 

YOU SHOULD SEEK ADVICE OF A LICENSED MEDICAL PRACTITIONER PRIOR TO USING THE PRODUCT. THE PRODUCT IS NOT A MEDICAL DEVICE, AND IS NOT INTENDED TO DIAGNOSE, CURE, TREAT, OR PREVENT EPILEPSY, OR ANY OTHER DISEASE, NEUROLOGICAL OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT THE PRODUCT IS NOT INTENDED TO GUARANTEE ANY PARTICULAR RESULT, AND NOTHING IN THIS EULA OR ELSEWHERE IS TO BE CONSTRUED AS SUCH REPRESENTATION OR PROMISE. YOU ASSUME ALL RESPONSIBILITY FOR THE USE OF THE PRODUCT, AND NOT TO RELY ON THE USE OF THE PRODUCT FOR ANY DIAGNOSTIC, PREVENTATIVE, CURATIVE OR OTHER MEDICAL PURPOSES. 

TO THE EXTENT NOT PROHIBITED BY LAW, THE LICENSOR DISCLAIMS AND SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY AND/OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM THE USE OF AND/OR INABILITY TO USE AND/OR THE MALFUNCTION OF THE PRODUCT, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF LICENSOR HAS BEEN ADVISED AND/OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER OR NOT THEY ARE FORESEEABLE. IN ANY EVENT, LICENSOR’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO LICENSOR FOR THE PRODUCT.  

1.    LICENSE GRANT. Licensor hereby grants you a personal, non-exclusive, non-transferable, non-assignable, limited and revocable license to use the Product, solely in connection with smart watches and/or mobile device using the Android OS (version 4.4.2 and above), for the term and subject to the conditions set forth herein. To use the Product, you are required to register online at https://portal.bio-lert.com, without which the Licensor will not be able to provide you the necessary license key or license file. 
(a)    You may use only such number of Products that you directly purchased from the Licensor.
(b)    You may not copy or duplicate in any way any portion of the Product. 
(c)    You may not modify, reverse engineer, disassemble or decompile Product, or any portion thereof, or create derivative works based on the Product.
(d)    Your use of the Product shall be only for the purpose intended for the Product as described in the instructions manual and/or any other written or online instructions which are provided together with the Product, and you are not make any other use, nor are you authorized to distribute, rent, lease, sell, license, or otherwise transfer rights in the Product, or in any part thereof, to any person or entity. 
(e)    You must not deface any copyright, trademark, or any other proprietary notices on the Product.
(f)    You may not publish or otherwise communicate any review of, or information about, the performance of the Product to any third party without the prior written consent of the Licensor.
(g)    You may use the Product only in combination with other hardware components indicated herein, or as may be updated on Licensor's website from time to time. Otherwise, you are not authorized to use the Product with any third-party hardware or software. 
2.    INTELLECTUAL PROPERTY RIGHTS. All rights, title and interest, including all Intellectual Property Rights (as defined below) in and to the Product, and any part thereof, are, and at all times will be and remain in the sole and exclusive ownership of the Licensor and its respective affiliates and/or licensors and their successors and assigns. "Intellectual Property Rights" - means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law and any and all other proprietary rights, as well as any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

3.    TERMINATION. The license rights set forth herein are effective upon your acceptance of this EULA and shall remain in effect until, and shall terminate in the manner contemplated by this EULA, or automatically terminate if you fail to comply with any of the terms or conditions of this EULA. You agree, upon termination of the license rights, to cease use of the Product and to destroy all copies thereof.  The provisions which by their nature should service the expiration or termination of this EULA shall so survive even after the expiration or termination of this EULA. 

4.    EXPORT CONTROLS. You may not export or re-export the Product, or any part thereof, to any country to which such export or re-export is restricted by law or regulation of any government having jurisdiction, without prior permission from Licensor.

5.    PAYMENTS. As a condition to your continued use of the Product, the following terms shall apply to payments due by you to the Licensor under this EULA. 

(a)    The Product monthly fees shall be published on Licensor's website (the "Monthly Fee"). Licensor reserves the right to update the Monthly Fee at any time. You are therefore encouraged to visit our website on regular basis to learn of any change in the Monthly Fee. Licensor has no obligation to inform you of any change of the Monthly Fee (increase or decrease), other than by publishing such Monthly Fee change on Licensor's website. The Monthly Fee price change, as set forth above, shall come into effect on the month succeeding the month during which the price change was first published on Licensor's website. You are advised that your continued use of the Product on the month succeeding the month during which the price change was first published shall be deemed your approval and consent to the updated Monthly Fee. 
(b)    To pay the Monthly Fee you are required to register the following information on Licensor's website: (i) your choice of payment method; (ii) complete and correct information, which will enable the Licensor to charge the Monthly Fee; and (iii) your correct email address, which shall be used by the Licensor to issue and deliver to you an invoice in consideration thereof. You hereby give the Licensor your consent to issue such invoice to you using your email address (a hard copy will not be provided or mailed to you). It is your responsibility, not Licensor's, to make sure that all the information provided above is correct at all times, and notify the Licensor of any change thereof.
(c)    Payment of the Monthly Fee shall be charged to you on a monthly basis on the 1st day of each calendar month with respect to such respective calendar month of use of the Product (e.g. in consideration for the services provided during the month of June, you shall be charged on the 1st of June). However, if you commence the use of the Product after the beginning of a certain calendar month, you shall only be charged the part of the Monthly Fee that reflects that certain pro-rata share of the month after your commencement of use. 
(d)    You may terminate you engagement with the Licensor and cease to use the Product at any time, by way of written notice to Licensor, at support@bio-lert.com or at http://www.bio-lert.com/contact. On Licensor being in receipt of your termination notification, you will no longer be able to use the Product. Licensor shall not refund any payments to you for the remainder of the month during which you terminated your use of the Product, but shall thereafter no longer charge you the Monthly Fee. 
(e)    In case you fail to pay the Monthly Fee on the due date, your right and license to use the Product shall immediately be suspended and you shall no longer be able to use the Product, until you rectify the payment. Licensor shall endeavor, but in no way is obligated, to notify you of any payment failure by way of an email to your most recent registered email address.
 

6.    PRIVACY POLICY. The Licensor's privacy policy with respect to the use of any personally identifiable information provided by you to the Licensor in connection with your use of the Product can be found by clicking on the following link: http://www.bio-lert.com/privacypolicy/ (the "Privacy Policy"). The terms of the Privacy Policy may be amended from time to time in Licensor's sole discretion and without advance notice to you, and therefore you are responsible for visiting the above link intermittently to check for updates. By clicking on the "I AGREE" button below, you acknowledge that you have read the terms of the Privacy Policy and agree to accept this provision of the EULA and the contents of the Privacy Policy.  
7.    GOVERNING LAW; CLASS ACTION WAIVER; STATUE OF LIMITATION. This EULA shall be governed by and construed in accordance with the substantive laws of the State of Israel, irrespective of its choice of law principles, and the competent courts in Tel-Aviv, Israel, shall have sole and exclusive jurisdiction over every dispute arising from, or in connection with, this EULA. Notwithstanding the above, nothing herein shall prevent Licensor from seeking remedies through the courts of any other jurisdiction, at law or in equity, or otherwise as it deems necessary or desirable, in order to protect its intellectual property rights and/or Confidential Information and/or in respect of any breach of the terms of this EULA by you. Any claim deriving herefrom must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). You expressly waive any ability to maintain any Class Action in any forum. You understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually. You agree that any cause of action related to or arising out of your relationship with us must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
8.    MISCELLANEOUS. This EULA represents the complete agreement between you and the Licensor concerning the Product and your license rights with respect thereto, and supersedes any and all prior agreements or representations in this regard. This EULA may only be amended in a writing executed by you and Licensor. Your rights, duties and obligations under this EULA may not be assigned, transferred or delegated by you to any third party without the prior written consent of the Licensor. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable. The parties agree that the Sale (International Sale of Goods) Law, 5760 - 1999, and the United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement, the rights and obligations of the parties hereunder, nor any agreement that may be executed to implement this Agreement.    

Effective date: November 2015

Terms of Use

 

Since we may revise these Terms at any time, including as new features are added to the website or as Internet law and standards evolve, you should visit this page periodically to review the Terms that govern your use of the website. Should you have any questions concerning these Terms of any of our policies, please contact us at http://www.bio-lert.com/contact.

Legal Information / Use of the website

The website is owned and operated by BioLert.

All design and content featured on the website, including navigational buttons and images, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, trade dress and/or other intellectual property, are owned, controlled, or licensed by BioLert and its affiliates. 

The contents of the website and the website as a whole are intended solely for your personal, noncommercial use. Any use of the website and/or any of the content posted on the website for any purpose other than personal and noncommercial is prohibited without the express prior written permission of BioLert. Do not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the website for any commercial purpose. BioLert grants a limited, non-exclusive, restricted, non-transferable, non-sublicenseable, revocable license allowing you to download or electronically copy and print any of the content displayed on the website for your personal, noncommercial use only.

You agree that you will not access or use the website in any manner that could damage, disable, impair or cause undue burden on the website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the website, that you will not transmit any virus or worm to the website, that you will not use any spider, robot or any other automated mechanism to access the website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the website without authorization.

User comments, feedback, postcards and other submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to BioLert on or by this website or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, the "Comments") shall be and remain BioLert's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to BioLert of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, BioLert  will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. BioLert is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay to you and/or any third party on your behalf any compensation for any Comments; or (3) to respond to any such Comments. You agree that no Comments submitted by you to the website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Correction of errors and inaccuracies

We endeavor to present the most recent, most accurate and most reliable information on the website at all times. However, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice. We apologize for any inconvenience this may cause you.

Term; termination

Terms are applicable to you upon your accessing the website. These Terms, or any of them, may be terminated by BioLert without notice at any time for any reason. Provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Use of the website

Harassment in any manner or form on the website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a BioLert or other licensed employee, host, or representative as well as other visitors on the website is prohibited. You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or organization.

Third-party links

In an attempt to provide increased value to our visitors, we may choose various third-party website to link to from its own website. However, even if the third party is affiliated with BioLert, BioLert has no control over these linked sites, all of which have separate privacy, security, and data collection practices, independent of BioLert. BioLert has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, BioLert seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its website, but for websites it links to as well (including if a specific link does not work).

Disclaimer

THIS WEBSITE AND THE CONTENT IN THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BIOLERT DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BIOLERT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIOLERT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW FOR SUCH LIMITATION, AND THEREFORE THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE WIDEST EXTENT PERMISSIBLE BY LAW.

Limitation of liability

Given the unpredictability of technology and the online environment, BioLert does not warrant that the function or operation of the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of the website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of the website. As a visitor to and a user of the website, you agree that your access will be subject to the Terms set forth and that access is undertaken at your own risk. BioLert shall not be liable for damages of any kind related to your use of or inability to access the website. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

IN NO EVENT SHALL BIOLERT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF BIOLERT SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIOLERT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US$ 100. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION SHALL APPLY TO YOU TO THE WIDEST EXTENT PERMISSIBLE BY LAW.

Disputes with BioLert

If there is any dispute about or involving BioLert, you agree that the dispute shall be governed by the laws of the State of Israel, without regard to conflict of law or choice of law provisions and you agree to the exclusive personal jurisdiction and venue in the applicable courts situated in Tel-Aviv, Israel.

Additional Rules Governing Content Posted by Users on the Website

BioLert does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, other works of authorship, or any other materials (collectively, “Visitor Content”) that you post to the website. After posting your Visitor Content to the website, you continue to retain your ownership rights in such Visitor Content, and you continue to have the right to use your Visitor Content in any way you choose. By displaying or posting any Visitor Content on or through the website, you hereby grant to BioLert an irrevocable, fully-paid and royalty-free, non-exclusive, sublicenseable, limited license to modify, publicly perform, publicly display, reproduce, distribute, transmit and otherwise use such Visitor Content solely on and through the website, iOS app, mobile website, emails and social channels.

The license you grant to BioLert is non-exclusive (meaning you are free to license your Visitor Content to anyone else in addition to BioLert), fully-paid and royalty-free (meaning that BioLert is not required to pay you for the use of the Visitor Content that you post), sublicenseable (so that affiliates of BioLert and subcontractors such as Internet content delivery networks are able to provide the website), and worldwide (because the Internet and the website are global in reach). The license does not grant to BioLert the right to sell your Visitor Content, nor does the license grant to BioLert the right to distribute your Visitor Content other than on the website.

You represent and warrant that: (i) you own the Visitor Content posted by you on or through the website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Visitor Content on or through the website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to be responsible for compensation of any and all royalties, fees, and any other monies owing to any person or entity by reason of any Visitor Content posted by you to or through the website.

Copyright policy for the website

You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third party without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. It is the policy of BioLert to terminate the privileges of any user of the website who infringes the copyright rights of others upon receipt of prompt notification to BioLert by the copyright owner or the copyright owner’s legal agent.

Content/Activity prohibited

The following is a partial list of the kind of Visitor Content that is illegal and/or prohibited to post on or through the website. BioLert reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of BioLert, violates this provision, including without limitation, removing the offending communication from the website. Prohibited Visitor Content includes, but is not limited to Visitor Content that, in the sole discretion of BioLert:

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • criticizes any business or individual;
  • harasses or advocates harassment of another person or entity;
  • exploits any person in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from anyone under the age of 13;
  • promotes information that the visitor knows is false or misleading and/or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person’s or entity’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from users of the website;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
  • includes a photograph of another person that you have posted without that person’s consent.

Disclaimer

BioLert is not responsible for any incorrect or inaccurate content posted on the website, whether caused by users or by any of the equipment or programming associated with or utilized by the website. BioLert is not responsible for the content, accuracy or opinions expressed on such website, and such website are in no way investigated, monitored or checked for accuracy or completeness by BioLert. Inclusion of any linked website on the website does not imply approval or endorsement of the linked website by us. When you access these third-party sites, you do so at your own risk. BioLert takes no responsibility for third party advertisements which are posted on this website, nor does it take any responsibility for the goods or services provided by its advertisers. BioLert is not responsible for the conduct, whether online or offline, of any user of the website. BioLert assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. BioLert is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the website. Under no circumstances shall BioLert be responsible for any loss or damage, including personal injury or death, resulting from use of the website, attendance at a BioLert event, from any content posted on or through the website, or from the conduct of any Users of the website, whether online or offline. The website is provided “AS-IS” and as available and BioLert expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BioLert cannot guarantee and does not promise any specific results from use of the website.

Special admonitions for international use of the website

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and to provide only acceptable Visitor Content. Specifically, 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.

Miscellaneous

Binding Nature

Your use of the website constitutes your acceptance of these Terms and your continued use confirms that acceptance.

Entire Understanding

These Terms constitute the entire agreement between you and BioLert regarding the use of the website.

Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

These Terms shall operate to the fullest extent permissible by law.

Severability

If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you acknowledge and agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Effective date: November 2015