Terms of Service

These Terms of Use (“Terms of Use”) are applicable to your access to and use of the biophoria.com website located at https://biophoria.com/ (throughout theseTerms of Use, and the website may collectively be referred to as the “Site” or may be referred to individually) and any materials, information, products, or services (“Services”) provided through the Site operated by or on behalf of BIOPHORIA.COM and/or our owners and/or affiliates (collectively “Company,” “our,” “us,” or “we”) or contracted by BIOPHORIA.COM and provided by a third party (collectively “Third Party”).

Your access to and use of the Site, and the information and Services available through the Site, are subject to the terms, conditions and notices contained in or referenced in these Terms of Use, as well as any other written agreement between us and you. In addition, when using particularServices on the Site, you will be subject to any posted rules applicable to those Services that may contain terms and conditions in addition to those in these Terms of Use.

By accessing or using the Site, you agree to these Terms of Use, as updated from time to time. Please read them carefully. If you do not understand or agree to be bound by these Terms of Use, do not access or use theSite or Services. We may revise these Terms of Use at any time and any revisions will take effect immediately upon posting on this Site, unless we state otherwise. Please check this Site periodically for updates.

Privacy Policy

The Refills Health Privacy Policy and California PrivacyNotice are part of these Terms of Use and are incorporated into the Terms ofUse by this reference. By accepting these Terms of Use, you agree to ourcollection, use, and disclosure of information as described in the PrivacyPolicy and California Privacy Notice as modified from time to time. Weencourage you to review the Privacy Policy and California Privacy Noticeat https://biophoria.com/privacy and https://biophoria.com/ccpa/.

Not Medical Advice

The contents of the Site and Services are forinformational purposes only and are intended to assist you in understandingyour health. The content is not intended to be a substitute for professionalmedical advice, diagnosis, or treatment.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHERQUALIFIED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICALCONDITION.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGES ORINJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY MATERIALS, CONTENTS,PRODUCTS, SUPPLIES, INFORMATION, IDEAS, OR ADVICE CONTAINED IN THE APP, BIOPHORIA.COM, AND/OR SERVICES.

You acknowledge and agree that certain Services providedthrough the Site and Services, depend on information that you input into theSite. We do not recommend or endorse any drug or product or course oftreatment.

We do not recommend or endorse any specific prescriptiondrug or product or health care provider or pharmacy that may be mentioned onthe Site. Reliance on any information provided by us, our employees or ThirdParties is solely at your own risk. The information provided by the Site andServices is not a basis for diagnosis of any medical condition, disease, ortherapy.

YOU ARE ADVISED TO ALWAYS SEEK THE ADVICE OF YOUR DOCTOROR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION ANDBEFORE STARTING ANY NEW TREATMENT OR ALTERING YOUR EXISTING TREATMENT. THEAPP, BIOPHORIA.COM, AND THE SERVICESARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIEDHEALTHCARE PROVIDER FAMILIAR WITH YOU AND YOUR UNIQUE MEDICAL HISTORY. YOUUNDERSTAND AND AGREE THAT YOU SHALL NOT DISREGARD PROFESSIONAL MEDICAL ADVICEOR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU READ ORLEARNED FROM THE APP, BIOPHORIA.COM,AND/OR THE SERVICES.

Our Services

Services offered through the Site are NOT health insurancebenefits or policies and are not intended as a substitute for health insurance.By ordering from biophoria.com you agree that you may not submit a claim fortelemedicine services provided to Medicare, any other federal payor, or anystate or private payor. 

While there may be a preferred pharmacy used, patient has the ability to direct their prescription to any pharmacy of their choosing.  Please email support@biophoria.com if you would like to use your own pharmacy before completing your order.

There is no guarantee that a patient will be treated by a provider.  As determined by the provider, care or specific treatments may not be appropriate for each patient.  Each provider reserves the right to deny care for potential misuse of services or for any other reason if, in the professional judgment of the provider, the provision of services is not medically or ethically appropriate.  There is no guarantee that a patient will be issued a prescription and that the decision of whether a prescription is appropriate will be made in the professional judgment of the provider. 

Important Contact Information by State

FLORIDA BILL OF RIGHTS FOR WEIGHT LOSS

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/Sections/0501.0575.html

CALIFORNIA NOTICE TO CONSUMERS

Medical doctors are licensed and regulated by the MedicalBoard of California.

(800) 633-2322

www.mbc.ca.gov/

Complaints may be filed online at http://www.mbc.ca.gov/

Breeze/Complaints.aspx or submitted in hard copy form. AConsumer Complaint Form, including instructions for completing it, may be foundat http://www.mbc.ca.gov/

Consumers/Complaints/

Submit_By_Mail.aspx. A hard copy Consumer Complaint Formshould be submitted to:

Medical Board of California

Central Complaint Unit

2005 Evergreen Street, Suite 1200

Sacramento, CA 95815

The Central Complaint Unit of the Medical Board ofCalifornia can be contacted by phone at 1-800-633-2322 or 916-263-2382.

TEXAS

Complaints about physicians, as well as other licenseesand registrants of the Texas Medical Board, including physician assistants,acupuncturists, and surgical assistants may be reported for investigation to:

Texas Medical Board

Attention: Investigators

333 Guadalupe, Tower 3, Suite 610

P.O Box 2018, MC-263

Austin, TX 78768-2018

Assistance in filing a complaint is available by calling1-800-201-9353. For more information, visit www.tmb.state.tx.us

Las quejas sobre médicos, asi como sobre otrosprofesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendoasistentes de médicos, practicantes de acupuntura y asistentes de cirugia, sepueden presentar en la siguiente dirección para ser investigadas:

Texas Medical Board Attention: Investigations 333Guadalupe, Tower 3, Suite 610 P.O. Box 2018, MC-263 Austin, Texas 78768-2018

Si necesita ayuda para presentar una queja, lame al:1-800-201-9353, Para obtener más información, visite nuestro sitio web en www.tmb.state.tx.us.

KANSAS

It is unlawful for any person who is not licensed underthe Kansas Healing Arts Act to open or maintain an office for the practice ofthe healing arts in this State.

This office is maintained under the authority of a personwho is licensed to practice the healing arts of Kansas.

Questions and concerns regarding this professionalpractice may be directed to:

Kansas State Board Of Healing Arts

800 SW Jackson, Lower Level-Suite A

Topeka, Kansas 66612

Phone: (785) 296-7413

Toll Free: 1(888) 886-7205

Fax: (785) 296-0852

Website: www.ksbha.org

The Site and Services are intended for personal,non-commercial use only. Use of the Services is voluntary. 

You agree that you are responsible for all phone and datacharges you incur through the use of the Site.

We reserve the right to disable the Site or specificfeatures or functionality or make them available to anyone for any reason atany time, without notice or liability to you.

Upon termination or cancellation, your rights ofparticipation in the Services automatically terminate and you must immediatelystop use of the Site and the Services under these Terms of Use. Any sections ofthese Terms of Use which by their nature are intended to survive, shall survivetermination or cancellation.

You acknowledge and agree that the Services may beprovided by Third Parties, including prescriptions by participating pharmacies.We do not guarantee the quality of the Services or products offered by anyThird Party, including but not limited to any participating pharmacy, anyvendor, or any service provider. Our Site is provided to you in part as a toolto evaluate an estimated price at the time of pricing search for a particularprescription drug. Our Site and Services do not constitute advice on how tomanage your overall prescription drug costs or your health.

Electronic Communications

We may allow you to request and receive pricinginformation and coupons via communications including, but not limited to, textmessaging and email. When you use the Site or send text messages or e-mail tous, you are communicating with us electronically. By using the Services and/orrequesting pricing and other information and coupons from us, you areconsenting to be contacted with prescription-related information and to receivecommunications from us electronically by SMS or text messages, emails or by postingnotices on the site. SMS consent will not be shared with third party providers.You acknowledge that texting and email are not secure methods of communicationand that there may be some risk that the information in the communication(s)could be read by an unauthorized third party. You agree that all agreements,notices, disclosures, and other communications that we provide to youelectronically satisfy any legal requirement that such communications be inwriting.

BioPhoria LLC Intellectual Property

All content included in, or made available through, theSite, such as text, graphics, logos, designs, data, button icons, images, audioclips, digital downloads, data compilations, specialized content, technicaldata, documentation, know-how, and software, along with the compilation of suchcontent, is the property of Company or its content suppliers, is protected byUnited States and international copyright laws, and may be subject to otherintellectual property protections, including patent and trademark rights underUnited States, other national laws, or international law. All elements of theSite, including without limitation the general design of the Site and thecontent included therein, are protected by trade dress, copyright, moralrights, trademark, and other laws relating to intellectual property rights. TheSite may be used only for the intended purpose for which it is being madeavailable. You may not modify any of the materials and you may not copy,distribute, transmit, display, perform, reproduce, publish, license, createderivative works from, transfer, or sell any information or work contained onthe Site. Except as authorized under the copyright laws, you are responsiblefor obtaining permission before reusing any copyrighted material that isavailable on the Site. For purposes of these Terms of Use, the use of any suchmaterial on any other mobile application, website, or online service isprohibited. You shall comply with all applicable domestic and internationallaws, statutes, ordinances, and regulations regarding your use of the Site. TheSite, their content, and all related rights shall remain the exclusive propertyof Company or its licensors unless otherwise expressly agreed.

All custom graphics, icons, logos, design marks andservice names are registered trademarks, trademarks or service marks of BioPhoria and its owners. All other trademarks or service marks are property oftheir respective owners. Nothing in these Terms of Use grants you any right touse any trademark, service mark, logo, and/or the name of BioPhoria.

Minors and Use of Service as a Legal Guardian

You must be 18 years of age or older to access or use theSite. By using the Site, you represent that you are 18 years of age or older.If you use the Site as the parent or legal guardian on behalf of a minor, youwill be fully responsible for complying with these Terms of Use.

Your Conduct

You agree to comply with all laws, rules, and regulationsapplicable to your use of the Site. In addition, when using the Site, you agreeto:

·     Not take any action that interferes with theproper working of the Site, compromises the security of the Site, or otherwisedamages the Site or any materials and information available through the Site.

·     Not solicit the performance of any illegalactivity or other activity that infringes our rights or the rights of others.

·     Not attempt to gain unauthorized access to anyportion or feature of the Site, to any other systems or networks connected tothe Site, to any of our servers, or to any of the Services offered on orthrough the Site, including but not limited to by hacking, password “mining,”or any other unauthorized means.

·     Not probe, scan, or test the vulnerability ofthe Site or any network connected to the Site.

·     Not attempt to breach the security or bypass theauthentication measures on the Site or any network connected to the Site.

·     Not upload or transmit any viruses, files, orprograms designed to interrupt, destroy, or limit the functionality of anycomputer software or hardware or telecommunications equipment to the Site.

·     Not use the Site, or any Service or informationmade available or offered by or through the Site, in any way where the purposeis to reveal any information, other than your own information, or theinformation of a person in which you are legally authorized under applicablelaw to manage his or her care (such as a child or parent), or information thatwe make available to you through the Site.

·     Not use any automated means to collectinformation or content from or otherwise access the Site, including but notlimited to through the use of technical tools known as robots, spiders, orscrapers, without our prior permission.

·     Provide accurate and current information, andnot to provide information that attempts to impersonate another individual.

·     Maintain and promptly update such information tokeep it accurate and current.

·     Be financially responsible for all use of theSite.
You may not use the Site for any purpose that is unlawful or prohibited bythese Terms of Use, or to solicit the performance of any illegal activity orother activity which infringes the rights of Company or others. You agree thatwe may at any time, and at our sole discretion, terminate your access to theSite without prior notice to you for violating any of the above provisions.

Marketing

Regardless of whether you have chosen to opt out ofcertain marketing offers from us, by using the Site you agree that we maymarket our services and the services of other companies on the Site through theuse of banner ads, “hyper-links”, and other similar marketing devices. Productsoffered will be at our sole discretion and may be provided by us and/orcompanies not affiliated with us. Non-affiliated companies will be solelyresponsible and liable for the provision of or failure to provide stated services,benefits, or products. We do not legally endorse or guarantee products orservices provided by non-affiliated companies.

Accuracy of Information

We attempt to be as accurate as possible in the provisionof the Services made available through the Site. Despite our efforts, theinformation on the Site and/or provided through the Services may occasionallybe inaccurate, incomplete, or out of date. If a price referenced through theSite is not as described, your sole remedy is to accept the correct pricing orforgo the transaction.

WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS,ACCURACY, OR CURRENCY OF ANY INFORMATION ON THE SITE OR PROVIDED AS PART OF THESERVICES. YOU ACKNOWLEDGE THAT WE HAVE NO DUTY OR OBLIGATION TO MAINTAIN THEACCURACY OF, OR UPDATE ANY SUCH INFORMATION, AND AGREE THAT YOUR RELIANCE ONANY SUCH INFORMATION IS AT YOUR OWN RISK.

Links to Other Sites

Our Site may include links to external third-partywebsites and online services that are not under our control. We are notresponsible for the collection, use, and disclosure of your information onthose websites and other online services provided by those third parties. Weencourage you to review the privacy policies and terms of use of each websiteand other online service you visit. The inclusion of links to externalthird-party websites and online services does not imply endorsement of, orassociation with, such websites and online services by us, or any warranty ofany kind, either express or implied.

Security and Safety

You understand that the uploading of information to yourmobile device in connection with the App and submitting information to the Siteis at your own risk and that we are not responsible for unauthorized access toor use of any personal or other information. All information uploaded to theApp may be stored on your mobile device and you understand that the securityand safety of your mobile device is your sole responsibility.

Disclaimer of Warranties

WE PROVIDE ACCESS TO BIOPHORIA.COM, THE APP, AND SERVICES,INCLUDING SERVICES PROVIDED BY THIRD PARTIES, “AS IS” AND WITHOUT ANY WARRANTYOR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANYIMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULARPURPOSE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTYSERVICES OR CONDUCT OF PROVIDERS OF THIRD PARTY SERVICES. WE DO NOT WARRANTBIOPHORIA.COM, THE APP, AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENTAVAILABLE THROUGH BIOPHORIA.COM, THE APP, AND SERVICES. WE DO NOT MAKE ANYREPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, ORRELIABILITY OF ANY ADVICE, OPINION, STATEMENT, ALERT, NOTIFICATION OR OTHERMATERIAL OR DATA DISPLAYED OR UPLOADED OR DISTRIBUTED THROUGH BIOPHORIA.COM,THE APP, AND/OR SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OROMISSIONS IN BIOPHORIA.COM, THE APP, AND SERVICES. WE DO NOT GUARANTEE ORWARRANT THAT BIOPHORIA.COM, THE APP, AND/OR SERVICES OR MATERIALS THAT MAY BEDOWNLOADED FROM THE SERVICES DO NOT CONTAIN VIRUSES, WORKS, “TROJAN HORSES” OROTHER DESTRUCTIVE MATERIALS; WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTEDTO SUCH FEATURES. IF YOU RELY ON BIOPHORIA.COM, THE APP, AND/OR THE SERVICESAND ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWNRISK. BY USING THIRD PARTY SERVICES, YOU HEREBY WAIVE AND RELEASE ANY CLAIMSAGAINST US FOR ANY AND ALL RESPONSIBILITY OR LIABILITY TO ANY DAMAGE, OR ANYOTHER CLAIM, THAT MAY ARISE IN CONNECTION WITH USAGE OF THE THIRD PARTYSERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF BIOPHORIA.COM,THE APP, AND THE SERVICES OR INFORMATION, AND HYPERLINKED SITES. SERVICES ANDINFORMATION PROVIDED BY HYPERLINKED SITES OR THIRD PARTIES MAY BE SUBJECT TOTHE ADDITIONAL TERMS AND CONDITIONS OF THOSE PROVIDERS. WE MAKE NO WARRANTYTHAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICE WILL BEUNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TOTHE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THEACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SERVICEOR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING ANY GOODSOR SERVICES PURCHASED THROUGH THE SITE OR THROUGH HYPERLINKED SITES. NO ADVICEOR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATEANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Other Limitations of Liability

WE CANNOT AND DO NOT ASSUME ANY LIABILITY FOR UNAUTHORIZEDOR FRAUDULENT USE OF BIOPHORIA.COM, THE APP, AND SERVICES. BY ACCESSING THESITE AND SERVICES, YOU AGREE TO HOLD HARMLESS AND WAIVE ALL CLAIMS AGAINST USAND OUR RELATED PARTIES AND THIRD PARTIES REGARDING THE INFORMATION PROVIDEDAND YOUR USE OF IT. IN ADDITION, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WEOR OUR RELATED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES – EVEN IF WE HAVE BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES – OR FOR ANY LOSS OF PROFITS ORREVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL,OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OFOUR NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OFSUCH DAMAGES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TOANY DISPUTE OR CLAIM RELATED TO THE SITE AND SERVICES IS YOUR STOPPING YOUR USEOF THE SITE AND SERVICES. THE LIMITATIONS OF LIABILITY PROVIDED IN THISAGREEMENT INURE TO THE BENEFIT OF THE COMPANY AND TO ALL OF OUR RESPECTIVEOFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. BECAUSE SOME STATES DONOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL ORINCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENTPERMITTED BY LAW.

INDEMNIFICATION

YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY ANDITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALLLOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS,SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUTLIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH(A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR SERVICES,AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE,AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OFANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUINGINDEMNIFICATION).

Dispute Resolution

You agree to use the dispute resolution procedures setforth herein with respect to any controversy or claim arising out of orrelating to these Terms of Use or their breach. Any dispute between you andCompany arising out of or in connection with these Terms of Use will be settledby a binding arbitration in San Diego, California, in accordance with thethen-current rules and procedures of Judicial Arbitration and MediationServices, Inc. (JAMS). The arbitrator will apply the law in accordance with thelaws of the State of California. Judgment on the award rendered by thearbitrator may be entered in any court of competent jurisdiction. You agreethat, any provision of law notwithstanding, the arbitrator will have theauthority to award the prevailing party its costs and reasonable attorneys’fees. Any disputes between you and other users of this Site are not theresponsibility of the Company.

Class Action Waiver

YOU AND Refills Health LLC AGREE THAT EACH MAY BRINGCLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUROR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANYPURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you andRefills Health LLC agree otherwise, the arbitrator may not consolidate morethan one person’s claims and may not otherwise preside over any form of arepresentative or class proceeding. If for any reason the class action waiverset forth above cannot be enforced as to some or all of the Dispute, then theagreement to arbitrate will not apply to that Dispute or portion thereof. AnyDisputes covered by any deemed unenforceable class action waiver provision mayonly be litigated in a court of competent jurisdiction, but the remainder ofthe agreement to arbitrate will be binding and enforceable. For the avoidanceof doubt, the parties do not agree to class arbitration or to the arbitrationof any claims brought on behalf of others.

Changes to These Terms of Use

We reserve the right to modify these Terms of Use, inwhole or in part, at our own discretion at any time. Modifications shall beeffective immediately upon the linking of modified Terms of Use to the Site.Please check the “last updated” date at the top of this page to determine ifthese Terms of Use have been modified since you last reviewed them. Yourcontinued use of the Site after that date means you agree to these updatedTerms of Use.

Access or Use Outside the United States

Although the Site may be accessed by any user worldwide,the Site and Services are intended only for use by United States residents, arepresented solely as a service to visitors and subscribers located in the UnitedStates of America (“U.S.”) and its territories, and therefore may not complywith legal requirements of foreign countries. BIOPHORIA.COM and the App areintended for use only by residents of the United States and its territories.Users residing outside of the U.S. and its territories are not permitted toregister or to use the Services.

Governing Law

These Terms of Use are to be governed by and construed inaccordance with the laws of the State of Georgia, exclusive of its choice oflaw rules and matters affecting copyrights, trademarks, and patents under U.S.federal law.

Severability

If an arbitrator or legal authority determines that anypart of these Terms of Use is illegal or unenforceable, then such part will beeliminated, and the remaining Terms of Use will remain in force and effect andcontinue to apply to your use of the Site and our Services.

Entire Agreement

These Terms of Use and any documents expresslyincorporated by reference constitute the entire agreement between Company andyou pertaining to your use of the Site and supersede all prior agreements,representations and warranties, both written and oral with respect to the Site.

Operation of the Site

We reserve the right to do any of the following, at anytime, at our sole discretion, with or without notice, and without any liabilityto you: (a) modify, suspend, or terminate operation of or your access to theSite, or any portion of the Site, including but not limited to for yourviolation of these Terms of Use; (b) modify or change the Site, or any portionof the Site; and (c) interrupt the regular operation of the Site, or anyportion of the Site, as necessary to perform routine or non-routine maintenance,to correct errors, or to make other changes to the Site.

Contact Us

If you have any questions or concerns about the Site orthese Terms of Use, please contact us at support@biophoria.com.

Digital Millennium Copyright Act (“DMCA”) Notice

In operating the Site, we may act as a “services provider”(as defined by DMCA) and offer services as an online provider of materials andlinks to third party websites. As a result, third party materials that we donot own or control may be transmitted, stored, accessed or otherwise madeavailable while using the Site. BIOPHORIA.COM has in place certain legallymandated procedures regarding allegations of copyright infringement occurringon the Site. We have adopted a policy that provides for the immediate removalof any content or the suspension of any user that is found to have infringed onthe rights of BIOPHORIA.COM or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms andconditions of these Terms of Use. If you believe any material available via theSite or Services infringes, specifically or generally upon a copyright, you should notify us using the notice procedure for claimed infringement under theDMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove ordisable access to the material claimed to be infringing upon said copyright andwill follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. We maygive notice to our users of any infringement notice by means of a generalnotice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’sphysical address in our records. If you receive such an infringement notice,you may provide counter-notification in writing to the designated agent that includes the information below.

Our designated agent (i.e., proper party fornotice) to whom you should address infringement notices under the DMCA is support@biophoria.co