BiohackerNZ Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Welcome to Biohacker.nz (the “Website”). These Terms of Use (the “Agreement”) apply to any access to or use of the Website, associated sites or content from this website. The Website is owned and operated by Biohacker.nz (BiohackerNZ®). By using this website, including purchasing products from this website, or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms & Conditions, our Privacy Policy, and the Terms of Sale for Digital Products. If you do not agree to the Terms, do not access or use the Services. You agree that by using this website, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract. It is your responsibility to review these Terms and Conditions periodically. We reserve the right to revise these Terms and Conditions at any time without notice to you. If you do not agree to these terms and conditions, please do not use this site. The opinions on this blog and the references cited are for information purposes only, and are not intended to treat, diagnose or prescribe for any illness or condition. For your specific diagnosis and treatment, consult with your doctor or health care provider. We don’t diagnose, treat or cure diseases. That’s for your doctor. Our role is solely to give over the most cutting-edge scientific information. Therefore, this site is purely for informational purposes. The best way to diagnose a disease is by going to highly competent specialists (not alternative doctors). Sometimes these specialists can offer adequate treatments, but most of the time they aren’t informed about the full range of options available. We inform people of the full gamut of options and what we would do for ourselves if we were faced with the same set of circumstances. You can then take this new information to your healthcare professional and choose the best course of action. Terms of service BiohackerNZ®, Biohacker.nz and associated companies grant you a limited license to access and use this website for your personal use, and to copy, distribute, and transmit the content of this website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidental to using the website for your personal use. This license or access and use does not include any resale or commercial use of this website or its contents, any derivative use of this website or its contents; any downloading or copying of information; or any use of data mining, content scraping, robots, or data gathering and extraction tools. Except as permitted above, this website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Biohacker.nz. You may not use any meta tags or any other “hidden text” utilizing BiohackerNZ’s name or trademarks without the express written consent of Biohacker.nz. Any unauthorized use terminates the permission or license granted by Biohacker.nz and associated companies. BiohackerNZ® and Biohacker.nz reserve the right to change the information, features and functions of this website without prior notice. We may refuse service, terminate accounts, and/or deny access to any or all parts of this website if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights, or the rights of any third party for any reason. Use of the site for any illegal or unauthorized purpose is strictly prohibited. As a condition of your use of this website, you warrant to us that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website. Copyright and Intellectual Property Ownership All information, materials, images, software, photographs, articles, functions, text, video and other content (collectively, the “Content”) contained on or offered through the Website and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of BiohackerNZ® and Biohacker.nz, its licensors or content providers or other third parties. The Website and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by BiohackerNZ® and Biohacker.nz under the copyright laws of the United States and other countries. BiohackerNZ® may change the Website or delete any Content or features or services at any time, in any way, for any or no reason. BiohackerNZ® reserves all rights not expressly granted in and to the Website and the Content. Unless otherwise noted, BiohackerNZ® and all other trademarks, service marks, trade names, and logos displayed on the Website are the trademarks, service marks, trade names, and logos of BiohackerNZ® and Biohacker.nz. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Website without the owner’s prior written permission. Unauthorized use of BiohackerNZ® and all other trademarks, service marks, trade names, and logos displayed on the Website is strictly prohibited. No Medical Advice The information contained on this website, or provided at your request, is for informational purposes only. No information on this website is or should be used for the purposes of diagnosing, treating, curing or preventing any disease. The information on this website has not been evaluated by the Food and Drug Administration. Nothing on this website is intended to recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. You should absolutely consult a qualified medical professional before making any health decision or taking any product. Information found or received through this website should not be used in place of a visit with, call to, consultation or advice from a professional health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner. NO information on this site should be used to diagnose, treat, prevent or cure any disease or condition under any circumstances. Products and Services The products and services made available on this website are intended for personal use only. You may not assign, transfer, re-market, resell, or otherwise dispose of, such products and services without obtaining BiohackerNZ® and Biohacker.nz’s prior written consent. Biohacker.nz may cancel or modify purchases on the website if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Prices and promotions are subject to change without notice. Billing and Payment Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment is due at the time of purchase and will be processed when authorized during the purchase process. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on this website. Your purchase of a product or service on this website may or may not provide for any refund. Each specific product, service, event, or course will specify its own refund policy conspicuously on the credit card form or on the terms and conditions associated with the products. Refunds may be granted at our discretion during the refund period only. Accounts Some services on the website, including the free resource library and courses, permit or require you to create an account to participate and/or to secure additional features and/or benefits. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at support@Biohacker.nz of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website. We may suspend or terminate your account and your ability to use the website or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever. Forums/Blog/Social Media/Comments “Forum” means an area, site or feature offered as part of this website that offers the opportunity for users to post content for viewing by one or more website users, including the comment section of any blog post. Additionally, “Forum” includes any other website page or content area created by BiohackerNZ® on one or more social media pages, including, but not limited to Facebook, Twitter, Google+, YouTube, Instagram, and Pinterest. You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot and do not guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. Additionally, you grant BiohackerNZ® and Biohacker.nz the right to reprint, publish or otherwise use in a public manner any information posted in forums or comment sections of this website or associated social media. You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. Refer to the comment policy for specific policies. By way of example, and not as a limitation, you agree that when using a Forum (including the comment section of any blog post), you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload any files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying a Forum. Violate any code of conduct or other guidelines (including the comment policy and terms of service) which may be applicable for any particular Forum. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations. You are and will remain solely and completely responsible for the content you post on or through the website under your username or otherwise by you in any way and in any Forum and for the consequences of submitting and posting same. We have no duty or obligation to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion. Links on this website direct visitors to various food, beverage and dietary supplement products on third part websites. These products are not intended to diagnose, treat, cure, or prevent any disease. BiohackerNZ® and Biohacker.nz and the administrators of this website and any Forum on this website reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations formed and issued pursuant to the Federal Food, Drug and Cosmetic Act. We reserve the right to terminate your access to this website including any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on this website. Additionally, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith. Disclaimers EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE AND THE PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET WORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BiohackerNZ® and Biohacker.nz and all associated companies DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Biohacker.nz AND ASSOCIATED COMPANIES DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Biohacker.nz DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Liability BiohackerNZ®, Biohacker.nz AND ASSOCIATED COMPANIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE SITE, EVEN IF BiohackerNZ OR ASSOCIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Copyright The entire contents of the website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Biohacker.nz and is protected by copyright and other intellectual property or proprietary rights. The collective work includes all works that are licensed to Biohacker.nz Copyright © 2017, BiohackerNZ® and Biohacker.nz. All rights reserved. Indemnification You agree to indemnify, defend, and hold harmless BiohackerNZ®, Biohacker.nz, associated companies and the officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account. Governing Law This Agreement shall be governed by the laws of the United States and Orange County, California. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions. BiohackerNZ® Trademark Guidelines BiohackerNZ® (BiohackerNZ) counts among its most valuable assets its trademarks, registrations and logos and the goodwill represented by these and these marks may not be used in any way without written permission. Protection of the BiohackerNZ trademarks and logos is a priority for BiohackerNZ and associated companies. These Trademark Guidelines contain detailed information about how to refer to BiohackerNZ® trademarks. These Trademark Guidelines are designed to ensure proper legal use of the trademarks and to prevent customer confusion that can result from improper or illegal usage. Permissible Uses Proper use of the BiohackerNZ® name and trademarks is important. You may use the BiohackerNZ® trademark to accurately describe or refer to BiohackerNZ’s website, goods and services, provided you follow these Guidelines. For example, you may use the registered mark BiohackerNZ® to discuss and review this website or other works created by BiohackerNZ or Biohacker.nz. The font size of the phrases using the BiohackerNZ® registered marks should not be larger than the surrounding font, and should not appear more prominently than the name/logo of your own product or business. You may use the BiohackerNZ® registered marks and trademarks to direct your visitors to the Biohacker.nz homepage or other pages on Biohacker.nz. Prohibited Uses Do not use BiohackerNZ®, Biohacker.nz, or the BiohackerNZ® logo or other registered marks trademarks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with BiohackerNZ, Biohacker.nz or authors of Biohacker.nz. Company, Product, Service: You may not place your company name, trademarks, service marks, or product names next to (or combine them with) the BiohackerNZ® registered marks or trademarks. Logos: You may not use the BiohackerNZ® logos, artwork, trade dress, designs or any combination of these, or any trademark including these (together, the “Logos”), for any purpose without prior written consent from Biohacker.nz. Domain Names, Meta tags, Hidden Text: You may not incorporate the BiohackerNZ® registered marks or trademarks in any domain name, meta tag, or other hidden text in a web page without prior written authorization from BiohackerNZ®, Biohacker.nz and associated companies. Internet Advertising Keywords: You may not use or incorporate the BiohackerNZ® registered marks or trademarks in any internet advertising keyword, AdWords, hashtag, or other term used to trigger advertising or search engine results without prior written permission from Biohacker.nz and associated companies. Merchandise Items: You may not manufacture, sell, or give away merchandise items bearing any of the BiohackerNZ® registered marks or trademarks without first obtaining a written license from Biohacker.nz. Social Media Guidelines You may not use BiohackerNZ® registered trademarks as any part of your social media account name, user name, page name, or as a community name. Reservation of Rights Unless otherwise agreed to in writing, Biohacker.nz reserves the right to terminate permission to copy, reproduce, or display the BiohackerNZ® registered trademarks and to demand that the BiohackerNZ® trademarks cease to be used at any time, in its sole discretion. For any questions regarding the proper usage of the BiohackerNZ® registered trademarks or logo, the proper notices, or to seek permission to use the trademarks, please contact support@biohacker.nz. CAN-SPAM Act In accordance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), BiohackerNZ follows all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment, purchase a product, join our member library, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time, however, by doing so, you will lose access to prior subscriptions, purchases, and account information. If your attempts to unsubscribe from our communication have been unsuccessful, please email support@Biohacker.nz and your account will be permanently removed from our system. DMCA Notice Biohacker.nz complies with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). All content on Biohacker.nz is the original work of the author unless otherwise noted, cited or quoted. If you believe that anything on the Website constitutes infringement of your copyright, please notify us using the following procedure: The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following: A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf; A description of the copyrighted work claimed to have been infringed (multiple claims of copyright works at a single online site are covered by a single notification); A description of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an email address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Submit this information electronically to: support@Biohacker.nz Biohacker.nz will respond to any DMCA complaints in a timely manner and will remove any material that is found to be a copyright infringement. Products or Services (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to each product’s Return Policy. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Charges for Services We may charge for access to portions of the Services or to the Services as a whole, and we reserve the right at any time to change the amount we charge for such access or subscriptions that include authorization to access the Services. In such event, we will notify you in advance, and give you an opportunity to subscribe (or un-subscribe) to the Service(s). More information about any such subscriptions can be found on the appropriate locations of the Services. You shall pay all applicable taxes relating to use of the services, and recognize that any fees to third parties that may be required for you to receive the service (such as mobile data plans and text-message charges) are not included in the cost of the services. Accuracy of Billing and Account Information We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Termination BiohackerNZ may terminate this agreement for any reason at any time. BiohackerNZ reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms. Miscellaneous SUPPLEMENTAL TERMS In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated. NO WAIVER The failure of BiohackerNZ to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches. NO PARTNERSHIP You agree that no joint venture, partnership, employment, or agency relationship exists between you and BiohackerNZ as a result of these Terms or your access to and use of the Services. ENTIRE AGREEMENT Unless otherwise specified herein, the Terms constitute the entire agreement between you and BiohackerNZ and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
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