Terms of Use

Legal Warning of the domain https://biomemakers.com corresponding to BIOME MAKERS INC. (hereon THE HOLDER) a Delaware corporation address at 202 Cousteau Pl, Suite 100, Davis, California 95618, United States, Email: legal@biomemakers.com.

General Conditions of Use

THE HOLDER informs that the access and use of the web page and all the URLs, sub- domains and directories included under it, as well as the services or contents that may be obtained through this site, are subject to the terms stated and detailed in this Legal Warning, in the Privacy Policy and Cookie Policy, notwithstanding that the access to some of the mentioned services or contents may require the acceptance to further general conditions, private or additional.

Therefore, if you do not agree with the considerations stated in this Legal Warning, we ask you please not to use this web, as whatever use you make of it or of its services and contents, will imply the acceptance of the legal terms included in the Legal Warning text.

Due to the very nature of Internet, taking into account that this page may be accessed from all over the world, the contents, as well as the services offered overall by THE HOLDER, are aimed at customers that move around different countries. Nonetheless, when requesting any kind of service and content offered, THE HOLDER reserves the right to reject the provision of service or the delivery of the contents, in all cases deemed appropriate.

THE HOLDER reserves the right to make changes on the web with no prior notice, with the purpose of updating, amending, modifying, adding, cancelling or eliminating the contents or the web design. The web services and contents are liable to be regularly updated and as the updating information is not immediate, we suggest you always check the validity and accuracy of the information, services and contents included.

The terms and conditions of the use stated in this Legal Warning may change, so we propose you review these terms when you re-visit the web or request a new service. Likewise, this Legal Warning shall be without prejudice to any other Policies and/or General Conditions, or particular ones that regulate the access of specific goods and services within the web.

Intellectual and Industrial Property Rights

The design of this site, including the font codes, logotypes, images, melodies, trademarks and other distinctive signals, belong to their respective authors and are protected by the relevant rights on intellectual and industrial property.

Their use, reproduction, distribution, public communication, transformation or any other similar action, is completely forbidden unless express written authorisation is held from their creator and/or property owner.

In any case, THE HOLDER declares its respect for the intellectual and industrial property rights of third parties; therefore, if you consider this site may be infringing these rights, please contact THE HOLDER through the means provided on the header.

Links or Hyperlinks

From this web, THE HOLDER provides or may provide access to other web pages considered also of interest. The purpose of these links is solely to facilitate the search for interesting resources on Internet. However, these pages do not belong to THE HOLDER, nor does it review their contents, therefore, THE HOLDER is not responsible of them, or the operation of the linked page or of possible damage resulting from the access or use of the page. Likewise, THE HOLDER shows full respect for the intellectual or industrial rights that correspond or may correspond to third parties, over the web pages these stated links refer to. Therefore, if you consider the setting of the stated links may infringe your rights, we  would appreciate you contact THE HOLDER, through the means provided on the header.

As a general rule, the link to web pages or email addresses to the web are authorised, except in the cases provided in which THE HOLDER states otherwise. In addition, and in order to understand this general authorisation as applicable, such links should necessarily respect the following condition: the establishment of the link, in itself, does not imply, any kind of agreement, contract, sponsorship or recommendation on behalf of THE HOLDER of the page establishing the link.

Nevertheless, at any given time THE HOLDER may withdraw the before-mentioned authorisation, without prior justification. In this case, the page that established the link should proceed to cancel it immediately, as soon as written notification is received of the withdrawal of authorisation from THE HOLDER.

Frames

THE HOLDER expressly bans the use of "framings" or the use by third parties of any of the other mechanisms that alter the web design, original configuration or content.

Advertising

THE HOLDER’s advertising or third party advertisers will be inserted on the web which we consider may be of interest.

Subject to what is stated in the Privacy Policy, THE HOLDER undertakes not to provide their information to the advertisers, except anonymous statistical data about the web use, aiming at improving the service and offer products in line with the users' expectations.

However, THE HOLDER informs you that the advertisers and suppliers, through cookies, are able to obtain information on you, the uses made of the services and your movements via the web. As no control is had over the use the advertiser does of this information, THE HOLDER does not accept liability on the collection of information by these companies.

THE HOLDER may use cookies when a user browses through its sites and web pages. The cookies used in THE HOLDER'S sites and the web pages are linked only to the browser of a specific computer (an anonymous user), without providing any personal user data. The cookies are only for internal purposes, such as for website access statistics. The cookies used cannot read the cookie files created by other suppliers or websites. The User has the option to set up their navigator to receive a warning on screen when receiving cookies and to prevent the cookie installation in their hard disc. Please, read your browser instructions and manuals for further information.

User's Responsibilities

The user commits to use the web services in accordance with the terms expressed in this Legal Warning, being responsible of its appropriate use.

Any User who acts against the image, good name or reputation of THE HOLDER, or who makes any illegal or fraudulent use of the designs, logos or contents of the web and/or infringes in any way against the rights on intellectual and industrial property of the web or its contents and services, will be made responsible before THE HOLDER of their acts.

THE HOLDER'S Responsibilities

Incorrect use: THE HOLDER has created this web to promote their products and/or services, but in no way can it control the use of it other than stipulated in this Legal Warning, therefore, the access and correct use of the information on the web are responsibility of who carried out the actions, THE HOLDER is not responsible for the illicit, negligent or misuse made thereof by the User.

Contents: THE HOLDER provides all the contents of its web, under specific conditions of good faith, and will do its utmost to keep them updated and current; however, THE HOLDER cannot assume any liability arising from use or access the users perform outside of the scope for which the site has been intended, the accountability of which will rest with the user. Likewise, THE HOLDER cannot control the contents not drawn up by it nor by third parties fulfilling their commission, consequently under no circumstances will it accept responsibility due to damages, contents or technical outages caused by third parties.

Advertising: THE HOLDER will include own or third party advertising on the web to offer products or services which it deems of interest. Nevertheless, and in regards to third party advertising, THE HOLDER cannot control the appearance of such advertising, nor the quality and adequacy of the products or services referred to, consequently it will not accept liability for any damage caused to the user by such causes attributable to third parties.

Virus: THE HOLDER commits to apply as far as possible, the appropriate measures within its power to guarantee the user of the absence of: virus, worms, Trojans, spam, etc... Notwithstanding, these measures are not 100% infallible, and therefore THE HOLDER, is not able to fully ensure the absence of these undesirable elements. As a result, THE HOLDER will not be made responsible for the damages they may cause to the user.

Technological failures: THE HOLDER provides all the means at its disposal for the continuity of this web and will make its best efforts to avoid interruptions, but is not able to guarantee the absence of technological failures, nor the permanent web and service availability on it, consequently it does not accept liability regarding damages and prejudice caused by the lack of availability nor for the failures in the access due to disconnections, breakdowns, overloads or downs of the network not attributable to THE HOLDER.

Applicable Laws and Jurisdiction

The applicable law in the event of a dispute or conflict over interpretation of the terms comprising this Legal Warning, as well as any issue related to the services of this web, will be the United States law.

California law will govern all disputes arising out of or relating to these terms of use, service-specific additional terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Sacramento County, California, USA, and you and Google consent to personal jurisdiction in those courts.

 

Disclaimer of warranties

Unless explicitly stated, this site and all of its content, products or services herein are provided on an “as is” basis, without any express or implied warranties. To the fullest extent allowed by the applicable law, THE HOLDER, its affiliates, directors, officers, employees or agents, expressly disclaim all representations and warranties of any kind whatsoever, in regards to the site and its content, products, or services, their accuracy, availability, reliability or ability to meet your needs. This disclaimer includes, among any other, the warranty of merchantability, the warranty of fitness for a particular purpose, the warranty of title, and the warranty of non-infringement.

Limitation of liability

To the fullest extent allowed by the applicable law, under no circumstances shall THE HOLDER, its affiliates, directors, officers, employees or agents, be held liable for any damages, including direct, indirect, incidental, consequential, punitive, goodwill, anticipated savings, loss of profits, or of any kind whatsoever, arising out of or in connection with the use of this site, its contents, products or services, or the inability to access them. [THE HOLDER’s total liability arising out of or relating to these terms is limited to the greater of (1) $200 or (2) the fees paid to use the relevant services in the 12 months before the dispute].

For information about how to contact HOLDER , please visit our contact page https://biomemakers.com/contact.