Description of Service
BioAdaptives, Inc. is providing Member with access to the BioAdaptives.com website. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.
Disclaimer of Warranties
The site is provided by BioAdaptives, Inc.. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, BioAdaptives, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. BioAdaptives, Inc.. shall have no liability for any interruptions in the use of this Website. BioAdaptives, Inc.. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
BIOADAPTIVES, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BIOADAPTIVES, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BioAdaptives, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE SOLE AND MAXIMUM LIABILITY TO BIOADAPTIVES, INC. ARISING FROM ANY PRODUCT SOLD ON THE SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATION IS INAPPLICABLE.
Member agrees to indemnify and hold BioAdaptives, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Risk of Loss
All products purchased from the BioAdaptives, Inc./BioAdaptives.com website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Modifications and Interruption to Service
BioAdaptives, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. BioAdaptives, Inc. shall not be liable to Member or any third party should BioAdaptives, Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that BioAdaptives, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While BioAdaptives, Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. BioAdaptives, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts Nevada
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Interactive Service Additional Terms
1. Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
2. Deliver any unlawful (according to local, state, federal law or regulation) postings to or through the BioAdaptives Website, or any postings which advocate illegal activity.
3. Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
4. Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, gender, age, or disability.
5. Deliver, or provide links to, any postings containing defamatory, false or libelous material.
6. Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
7. Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
8. Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
9. Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
10. Use this BioAdaptives service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the BioAdaptives Website or other users computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
11. Attempt to gain unauthorized access to this BioAdaptives Website, any related website, other accounts, computer system, or networks connected to this BioAdaptives Website, through hacking, password mining, or any other means.
12. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this BioAdaptives Website, including harvesting or otherwise collecting information about others such as email addresses.
You are solely responsible and liable for postings delivered to the BioAdaptives Website using your account. Any violation of these provisions can subject your BioAdaptives account to immediate termination and, possibly, further legal action.
BioAdaptives does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a BioAdaptives interactive website by you or other users. BioAdaptives is not obligated to and does not regularly review, monitor, delete, or edit postings. However, BioAdaptives reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. BioAdaptives is not responsible or liable for damages of any kind arising from any postings even when BioAdaptives is advised of the possibility of such damages, or from BioAdaptives’s alteration or deletion of any posting.The information and opinions expressed in postings on this BioAdaptives Website are not necessarily those of BioAdaptives or its affiliated or related entities, and BioAdaptives makes no representations or warranties regarding that information or those opinions. BioAdaptives does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
Unless otherwise provided, all postings to the BioAdaptives Website automatically and immediately become the property of BioAdaptives without any obligation of confidentiality. BioAdaptives shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that BioAdaptives does not retain exclusive ownership of any posting, then you hereby expressly grant to BioAdaptives a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2013-2014 BioAdaptives, Inc., with all rights reserved, or is the property of BioAdaptives, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of BioAdaptives, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of BioAdaptives, Inc.
Trademarks displayed on BioAdaptives, Inc.’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with BioAdaptives, Inc.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, BioAdaptives.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
1009 S Cimarron Road
Las Vegas, Nevada 89145
BioAdaptives, Inc. retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, BioAdaptives, Inc. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.