Discover Your
Health

BIOSTRAP USA, LLC.

REVISED TERMS AND CONDITIONS OF USE

New! We recently revised our Terms. Please review our updated Terms below. You can find the earlier versions of our Terms in our archive section.

Updated: June 4, 2018

Effective: May 24, 2018, unless you agree to these terms sooner, like when you create an account or pair your device. Then these Terms are effective as of the date of your agreement.  You can view our previous archived privacy policy here.

These Terms and Conditions of Use (the “Terms”) are a legal agreement between Biostrap USA, LLC. (“Biostrap” “we”, “us”, or “our”) and the registered user (“you”, “your”, “yours”, “user”). This agreement states the terms and conditions under which you may use our Services as described below.

Please read these Terms and our Privacy Policy (the “Privacy Policy”) carefully before accessing and using the Services. You must accept and agree to these Terms in order to create an account with Biostrap. If you do not have an account, your use of any of our Services constitutes acceptance of these Terms. If you do not want to accept these Terms, do not create an account or use our Services. Again, THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BIOSTRAP, AND GOVERNS YOUR USE OF THE SERVICES DESCRIBED BELOW.

Biostrap may revise these Terms and our Privacy Policy at any time without notice by updating the website and mobile application. You should visit this website periodically to review the most current versions. Your continued use of the Services means that you accept and agree to the most  up to date versions  of the Terms a and Privacy Policy.

If you live in the European Economic Area, the United Kingdom or Switzerland, these Terms are an agreement between you and Biostrap USA, LLC. with its registered office at 260 Mt. Olive Dr.Bradbury, California 91008 U.S.A. If you reside elsewhere, these Terms are an agreement between you and Biostrap USA, LLC., with the same aforementioned address.

1. PLEASE READ OUR PRIVACY POLICY

For information about our data practices, please see our Privacy Policy, including the section on our use of technologies such as Cookies. By accessing or using the Service, you agree that we can collect and use your information in accordance with our Privacy Policy.

2. APPLICATIONS

Biostrap designs products, applications, and tools that help you achieve your health and fitness goals, and empower and inspire you to lead a healthier, more active life. These Terms apply to your access and use of Biostrap’s Service. Our “Service”include our devices (Biostrap units and shoe clips), associated firmware, applications, software, websites, APIs, products, and services.

1. Mobile Application. Biostrap is a developer of products and software that (i) allow the user to monitor, access, and record biometric data, and (ii) provide certain feedback with respect to such data (the “Services”)..

2. Updates. In connection with providing the Service, Biostrap may elect to update the Application at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Application. As part of your use of our Service, you agree that Biostrap may automatically deliver such updates to you, and you shall receive and install them as required.

3. USE OF THE BIOSTRAP SERVICE

Biostrap is not intended for diagnosing or treating medical conditions.

Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use our Service unless their parent or legal guardian has explicitly consented, in accordance with applicable laws. If you are 13 or older but under the age of 18, you should review these Terms and the Privacy Policy with your parent or guardian to make sure that you and your parent or guardian understand them. Additionally, you cannot access or use the Biostrap Service if you are barred from receiving our Service under applicable laws, or have previously been suspended or removed from our Service. You may only connect to our Service using (i) a device that is manufactured, distributed, or sold by Biostrap itself, or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”). You may not connect to our Service with any device that is not manufactured, distributed, or sold by Biostrap itself, or through its authorized resellers or agents (such as a knock off or counterfeit version of a Biostrap device); otherwise intends to resemble or purports to be a Biostrap device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact contact@biostrap.com.

4. CREATING AN ACCOUNT

Full use of the Biostrap Service requires that you create an account by pairing a Biostrap device with the application on your mobile device, and providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. Biostrap is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact Customer Support via contact@biostrap.com if you discover or suspect any security breach related to the Biostrap Service or your account.

By registering with Biostrap, you are agreeing that you are the sole authorized user of your account. You are solely and fully responsible for maintaining the confidentiality of your account information, including your account password. Therefore, you must take steps to ensure that others do not gain access to your password and account. You are also responsible for all activities that occur in connection with your account using your password, whether or not such activity has been authorized by you. If you suspect that any unauthorized party is using your account, you agree to notify us immediately. Additionally, you may not transfer or share your account with anyone (other than by means of our Remote Monitoring Program, described below), and we reserve the right to immediately terminate your account if we discover that you have transferred or shared your account. Biostrap is not responsible for any misuse of your account using your user information or password.

5. NECESSARY EQUIPMENT

Full use of our Service is dependent upon your proper use of official Biostrap products, a supported mobile device, and Internet access or a mobile data plan. The maintenance and security of this equipment may influence the performance of our Service and it is your responsibility to ensure the equipment functions properly. Biostrap does not guarantee that our Service or products are compatible with any third party product or service.

6. BIOSTRAP’S INTELLECTUAL PROPERTY RIGHTS

“Biostrap Content” includes any photos, images, graphics, video, audio, data, text, food logs, exercise regimens, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through our Service. Biostrap Content, our Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Biostrap Service. Our logos and any other Biostrap trademarks that may appear on the Biostrap Service, and the overall look and feel of the Biostrap Service, including page headers, graphics, icons, and scripts, may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Biostrap Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

You must not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Biostrap Content, our Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Biostrap or its licensors, except for the licenses and rights expressly granted in these Terms.Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Biostrap Service: (1) use, display, mirror, or frame the Biostrap Service or any individual element within our Service, including the layout and design of any page, without Biostrap’s express written consent; (2) use Biostrap’s name, any Biostrap trademark or logo, or any Biostrap proprietary information without Biostrap’s express written consent; (3) access or tamper with non-public areas of our Service, Biostrap’s computer systems, or the technical delivery systems of Biostrap’s providers; (4) test the vulnerability of any Biostrap system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Biostrap or any of Biostrap’s providers or any other third party (including another user) to protect the Biostrap Service; (6) access our Service or Biostrap Content through the use of any mechanism other than through the use of an Authorized Connection, our Service, or Biostrap’s API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Biostrap provides to you or any other part of our Service.

7. APPLICATION CONTENT AND USE

Your use of the our Service is subject to all applicable laws and regulations, and you are solely responsible to assure that your use of our Service is in compliance with these laws and regulations. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our service, or access to the Service without the express permission of Biostrap. Our Service may not be used in connection with promoting anything that, in Biostrap’s sole discretion, is harmful, hateful, obscene, or unlawful. You must not use our Service to transmit any worms, viruses or any code of a destructive nature.

8. POSTING YOUR CONTENT ON THE BIOSTRAP SERVICE

Biostrap may enable you to post, upload, store, share, send, or display photos, images, video, data, text, exercise regimens, food logs, recipes, comments, and other information and content (“Your Content”) to and via our service onto our Website, Community Forum, our social media, and other channels. You retain all rights to Your Content that you post to our service. By making Your Content available on or through our Service you hereby grant to Biostrap a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media.You are responsible for Your Content. You represent and warrant that you own Your Content, or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.You represent and warrant that Your Content, the use and provision of Your Content on our service, and your use of our Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications (except as enabled by our Remote Monitoring Program); (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use our service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Biostrap Service, or which may expose us or our users to any harm or liability of any type.Biostrap may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via our service.

9. REMOTE MONITORING PROGRAM

Our Service contains the ability for you to share all of the biometric information gathered by Biostrap with other approved users, such as your friends, parents, physician, or a personal trainer (“Remote Monitoring Program”). This enables other people to track your health and fitness progress. The Remote Monitoring Program is disabled by default. By enabling the Remote Monitoring Program you understand and agree to share all of the biometric information collected by Biostrap with the users that you have designated.

Only your biometric information is shared when you grant access to other approved Biostrap users.  Meaning, none of your personal or account information is visible to these users, other than your name and email address. To access your biometric information, other users must request access via the email address associated with your account through our application. For you to access someone else’s information, you too must request access using the email address associated with their account through our application.

You may disable the Remote Monitoring Program at any time, but you should note that the other users that you have agreed to share your information with may have stored a copy of this information, and may use it without your permission. We assume no responsibility for other users’ use or misuse of the information you choose to share via the Remote Monitoring Program.

10. WHAT YOU CAN DO ON THE BIOSTRAP SERVICE

Our Service is intended for your personal, non-commercial use. Biostrap grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Service, (2) access and view the Biostrap Content, (3) access and use the software and mobile applications provided by the Service, and (4) use the software that is embedded into Biostrap devices as authorized in these Terms. This license is provided solely for your personal, non-commercial use and enjoyment of our Service as permitted in these Terms.

11. HYPERLINKS

You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Biostrap's sole discretion.

12. OUR ENFORCEMENT RIGHTS

We are not obligated to monitor access or use of our service, Biostrap Content, or Your Content, or to review or edit any Biostrap Content or Your Content, but we have the right to do so for the purpose of operating our service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.We reserve the right (but are not required) to remove or disable access to our service, any Biostrap Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Biostrap Content, Your Content, or your use of our service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects our service, and in response may take any action we may deem appropriate.

13. DMCA/COPYRIGHT INFRINGEMENT NOTICE

Biostrap requests that you respect our intellectual property rights, and, in turn, Biostrap respects the intellectual property property rights of others. It is our policy to disable or terminate user accounts that repeatedly infringe the rights of copyright holders. If you believe we are hosting or displaying your copyrighted work without your permission, or without the permission of someone you represent, you may report this alleged copyright infringement by providing us with a Digital Millennium Copyright Act (DMCA) Notice of Alleged Infringement (“Notice”) using the following method. Please note that failure to abide by this process may result in your Notice not being processed or accepted by Biostrap. Upon receipt of the Notice, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the Content. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the Content so that he or she can make a counter notification. Please note that filing a DMCA Notice carries serious legal consequences, and therefore you may want to contact an attorney before filing such a Notice.

Biostrap DMCA Notice Process

Please prepare a Word or PDF document containing the following:

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on our website where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address. (Note that we may provide your contact information, including your name and email address, the name and address of the owner of the right in question, and/or the contents of your report to the person who posted the material you are reporting.)
  4. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

6. Deliver this Notice, with all items completed, to Biostrap's Designated Copyright Agent:

Copyright Agent

c/o Biostrap USA, LLC

contact@biostrap.com

260 Mt. Olive Dr.Bradbury CA 91008Phone: (323) 999-4757

 

14. USE THE BIOSTRAP SERVICE AT YOUR OWN RISK

If you rely on any Biostrap Content or the Service, you do so solely at your own risk. Our goal is to provide helpful and accurate information on the Service, but we make no endorsement, representation, or warranty of any kind about any Biostrap Content, information, or Service. The accuracy of the data collected and presented through the Biostrap Service is not intended to match that of medical devices or scientific measurement devices. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through our Service.Use of our Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of our service, and stop using our Service if anything goes wrong.

15. CONSULT YOUR DOCTOR BEFORE USING THE BIOSTRAP SERVICE

Our Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using our Service, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using our Service immediately and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through our Service. If you engage in any exercise program you receive or learn about through our Service, you agree that you do so at your own risk and are voluntarily participating in these activities.Prolonged contact with wearable devices may contribute to skin irritation or allergies in some users. To reduce irritation, follow four simple “wear and care” tips: (1) keep it clean, (2) keep it dry, (3) don’t wear it too tight, and (4) give your wrist a rest by removing the band for an hour after extended wear and be sure to make the adjustment on our app.  If you notice any skin irritation, soreness, tingling, numbness, burning, or stiffness in your hands or wrists while or after wearing the product, remove your device and please discontinue use. If any symptoms persist longer than 2-3 days after removing the device, consult your doctor especially if you have reduced circulation, bruise easily, or have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders.

16. TERMS OF SALE AND RETURNS AND WARRANTY

Generally speaking, we offer a 30-day return and 180-day warranty policy.  Please refer to the details of our Return And Warranty Policy for pertinent details, as well as shipping instructions and restocking fees.

17. FEEDBACK AND SUBMISSIONS POLICY

If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Biostrap, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.

18. CONTESTS AND GIVEAWAYS

Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Biostrap or its partners. It is your responsibility to carefully review those terms and conditions.

19. ALERTS AND NOTIFICATIONS

As part of your use of our Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from our Service by adjusting your account settings, or via appropriate unsubscribe links within emails. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically to the email address you used to register your account will satisfy any legal communication requirements, including that the communication be in writing.

20. THIRD-PARTY SERVICES

Our Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under Biostrap’s control. This may include the opportunity for you to link your Biostrap account, Biostrap data, or our Service with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with our Service, such as third party applications accessed on Biostrap devices, are not part of our Service and are not controlled by Biostrap, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Biostrap Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

21. CHANGES TO THE BIOSTRAP SERVICE

Biostrap may change or discontinue, temporarily or permanently, any feature or component of our Service at any time without notice. Biostrap is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of our Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Biostrap products without prior notice to you.

22. TERMINATION

Biostrap reserves the right to terminate or suspend our Service at any time in the event that you breach any provision of the Terms. You may cancel your account or your use of our Service at any time and for any reason by providing email notice to contact@biostrap.com, or by removing the Application from your device. Upon any termination, the rights and licenses granted to you herein shall terminate and you must cease all use of the Application and the Services. Biostrap shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension, including the removal and deletion of your information that may be in our possession.We reserve the right to suspend or deactivate your account or your access to certain aspects or all of our Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support by emailing contact@biostrap.com.Upon any termination of these Terms or suspension, termination, or discontinuation of our Service or your account, all provisions of these Terms that are necessary for effective enforcement of our rights shall survive.

23. DISCLAIMERS

THE SERVICE AND THE APPLICATION ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS OF DATA TRANSMISSION, ACCURACY OF DATA OR DATA SETS, OR UPTIME AVAILABILITY. BIOSTRAP DOES NOT WARRANT THAT THE APPLICATION OR THE SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS.

BIOSTRAP SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OF ANY THIRD-PARTY DATA, AND YOU ACKNOWLEDGE THAT SUCH THIRD-PARTY DATA IS OUTSIDE OF BIOSTRAP’S CONTROL. BIOSTRAP DOES NOT WARRANT THAT THE SERVICE WILL ACCOMPLISH ANY OF YOUR SPECIFIC OBJECTIVES OR WILL OPERATE ERROR FREE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES OF THIS AGREEMENT. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL THEIR ESSENTIAL PURPOSE.

YOU FURTHER AGREE THAT, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, YOU WILL NOT HOLD BIOSTRAP LIABLE FOR ANY FAILURE OF THE APPLICATION OR SERVICES OR FOR ANY LOSS OF DATA. YOU AGREE. YOU FURTHER AGREE THAT BIOSTRAP WILL NOT BE LIABLE TO YOU FOR THE FAILURE OF THE APPLICATION’S PRIVACY SETTINGS TO LIMIT THE DISTRIBUTION AND SHARING OF YOUR CONTENT WITH OTHERS. YOU ALSO AGREE THAT BIOSTRAP SHALL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGES CAUSED BY DATA PROVIDED BY THIRD PARTIES, DELAYS RESULTING FROM HARDWARE AND SYSTEMS OWNED AND CONTROLLED BY THIRD PARTIES (INCLUDING WITHOUT LIMITATION YOUR OWN DATA TRANSMISSION SPEEDS), DATA ENTRY ERRORS, USER ERRORS, OR ANY OTHER LIMITATIONS, ERRORS, OR DELAYS, THAT ARISE DURING THE TERM OF THIS AGREEMENT THAT CANNOT BE PREVENTED OR MITIGATED BY BIOSTRAP.

24. INDEMNITY

You will indemnify and hold harmless Biostrap or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of our service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

25. LIMITATION OF LIABILITY

NEITHER BIOSTRAP, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIOSTRAP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.IN NO EVENT WILL BIOSTRAP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO BIOSTRAP FOR USE OF OUR SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BIOSTRAP, AS APPLICABLE.THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BIOSTRAP AND YOU.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

26. DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.You agree that any dispute between you and Biostrap arising out of or relating to these Terms, our service, or any other Biostrap products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.Governing Law: Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Biostrap, you agree to try to resolve the Dispute informally by contacting support@biostrap.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 45 days after submission, you or Biostrap may bring a formal proceeding.We Both Agree To Arbitrate: You and Biostrap agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting privacy@biostrap.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Los Angeles, California, or any other location we agree to.Exceptions to Agreement to Arbitrate: Either you or Biostrap may assert claims, if they qualify, in small claims court in Los Angeles (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Biostrap products or our service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.No Class Actions: You may only resolve Disputes with Biostrap on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Biostrap agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, California. Both you and Biostrap consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Biostrap products or our service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

27. GENERAL TERMS

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Biostrap and you regarding our Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Biostrap and you regarding our Service and Biostrap Content.We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use our Service. When you use our Service after a modification becomes effective, you are telling us that you accept the modified Terms. You can review previous versions of these Terms in our archive.If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Biostrap’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Biostrap may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.Any notices or other communications provided by Biostrap under these Terms, including those regarding modifications to these Terms, will be given: (i) via email, or (ii) by posting to our Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.Biostrap’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Biostrap. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

28. ADDITIONAL TERMS MAY APPLY

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

29. WHO WE ARE AND HOW TO CONTACT US

If you have questions, suggestions, or concerns about the Terms,, or about our use of your information, please contact us at privacy@biostrap.com.Biostrap USA, LLC.Attn: Legal Department260 Mt. Olive Dr.Bradbury CA 91008Phone: (323) 999-4757

 

Archive of Previous Terms of Service