These Terms & Conditions govern access to and use of the BIOSCARF website, as well as any other Bioscarf electronic platforms. Bioscarf and Bioscarf.com and any patents, trademarks or copyrights are owned by Petrichor SA, LLC.
The following is a legal agreement between you (herein referred to as “you”, “your” or “user”) and Bioscarf / Petrichor SA, LLC.
IMPORTANT: THESE "TERMS AND CONDITIONS" REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE "AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW" PROVISION. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
As a condition to using the BIOSCARF website you agree to legally be bound by all the terms and conditions contained herein.
BIOSCARF and its parent company, Petrichor SA, LLC. are willing to allow access to and use of its BIOSCARF website and provide information about its services, software, and its products only on the condition that you accept and agree to the terms and conditions in this Agreement.
If you do not agree you are not granted permission to access or use the BIOSCARF website or purchase a Bioscarf product.
By downloading, accessing, or using the BIOSCARF website, you also represent that you are at least the minimum legal age to enter into an enforceable contract in the jurisdiction in which you are using the BIOSCARF website.
Please also note that BIOSCARF and its parent Petrichor SA, LLC. reserve the right to change these Terms and Conditions by posting a revised version online at anytime.
We suggest that you review the Terms and Conditions found here on a periodic basis.
BIOSCARF and all other names, logos, and icons identifying BIOSCARF and its programs, products, and services, including any logos, page headers, icons, designs, or trade dress and whether or not appearing in large print or with an accompanying symbol, are proprietary trademarks, patents or copyrights of Petrichor SA, LLC. and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international patent, trademark and copyright laws.
Any use of such marks without the express written permission of BIOSCARF and Petrichor SA, LLC. is strictly prohibited, and nothing stated or implied on any BIOSCARF website confers on you any license or right under any trademark of BIOSCARF, its parent Petrichor SA, LLC. or any third party.
BIOSCARF and its parent Petrichor SA, LLC. grants you a limited license to access and make personal use of the BIOSCARF website but not to download (other than browser-required page caching) or modify any portion of it, except with express written consent of BIOSCARF and its parent Petrichor SA, LLC.
Accordingly, you expressly acknowledge and agree that BIOSCARF and Petrichor SA, LLC. transfers no ownership or intellectual property interest or title in and to the BIOSCARF website (or any part thereof) to you or anyone else. You may print and download materials and information from the BIOSCARF website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
But, this license does not include any resale or commercial use of the BIOSCARF website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the BIOSCARF website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Notwithstanding the license granted herein, the BIOSCARF website nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of BIOSCARF and Petrichor SA, LLC. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the BIOSCARF website and our affiliates without express written consent. In addition, you may not use metatags or any other hidden text using the BIOSCARF name or trademarks without the express written consent of BIOSCARF and Petrichor SA, LLC. Any unauthorized use terminates the permission or license granted by BIOSCARF and Petrichor SA, LLC.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink (utilizing only the plain characters for the BIOSCARF domain address) to any page of the BIOSCARF website so long as the link does not portray BIOSCARF or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any BIOSCARF logo or other proprietary graphic or trademark as part of the link without express written permission.
You agree to comply with all applicable law in connection with your use of the BIOSCARF website, and such further limitations as may be set forth in any written or on-screen notice from BIOSCARF. As a further condition of your use of the BIOSCARF website, you warrant that you will not use the BIOSCARF website for any purpose that is unlawful or prohibited in these Terms and Conditions. All information that you provide in response to a request or in connection with a purchase or transaction or other monetary transaction interaction with the BIOSCARF will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with BIOSCARF and Petrichor SA, LLC. at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using the BIOSCARF website, you agree not to violate or attempt to violate the security of the BIOSCARF website, including, without limitation, actions such as:
· Accessing data not intended for you or logging into a server or account that you are not authorized to access;
· Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
· Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the BIOSCARF website;
· Sending unsolicited e-mail, including promotions and/or advertising of products or services; and
· Forging any TCP/IP packet header or any part of the header information in any e-mail or Posting.
BIOSCARF and Petrichor SA, LLC. attempts to be as accurate as possible in describing its products. However, BIOSCARF does not warrant or guarantee that product descriptions or other content of the BIOSCARF website. BIOSCARF and Petrichor SA, LLC. do not advise use of or warrant performance of its products in hazardous situations or conditions. Use of a Bioscarf is at YOUR OWN RISK. Bioscarf and Petrichor SA, LLC. assume no responsibility for any harm or hardship incurred directly or indirectly buy the use of its products. For any further questions or concerns regarding product performance and appropriate use please refer to the FAQ’s and or contact BIOSCARF in writing.
BIOSCARF and Petrichor SA, LLC. offers a guarantee on every product it makes and sells to you. Following a sale or gift event, if you are not satisfied with a BIOSCARF product at the time you receive it, or if a BIOSCARF product does not perform to your satisfaction, you may return the product for repair or replacement within 15 days of purchase.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE: You and Bioscarf / Petrichor SA, LLC. agree to resolve any claims relating to these Terms and Conditions through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Bioscarf and Petrichor SA, LLC. intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION?: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Section 8 is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Sale, the rules set forth in these Terms of Sale will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Bioscarf and Petrichor SA, LLC. must do the following:
1. Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a "Demand for Arbitration" at www.jamsadr.com;
2. Send three copies of the "Demand for Arbitration", plus the appropriate filing fee to to JAMS, One Atlantic Center, 1201 West Peachtree, NW, Suite 2650, Atlanta, GA 30309
3. Send one copy of the "Demand for Arbitration" to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If traveling to Georgia is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under these Terms of Sale shall be held in the United States in the State of Georgia without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Bioscarf / Petrichor SA, LLC., and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Bioscarf / Petrichor SA, LLC..
NO CLASS ACTIONS: You may only resolve disputes with us 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.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Bioscarf / Petrichor SA, LLC. in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BIOSCARF / PETRICHOR SA, LLC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PRODUCTS ON THE WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, BIOSCARF AND PETRICHOR SA, LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN, DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
IN NO EVENT SHALL BIOSCARF / PETRICHOR SA, LLC. OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, THE "BIOSCARF RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPRTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THAT SAID, IF ANY OF THE TOMS RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH THE PURCHASE OF ANY PRODUCTS ON OR THROUGH THE WEBSITE, THE BIOSCARF / PETRICHOR SA, LLC. RELEASED PARTIES' TOTAL LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
This Agreement will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the BIOSCARF website, whichever is earliest. BIOSCARF and Petrichor SA, LLC. reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the BIOSCARF website or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the BIOSCARF website but all applicable provisions of this Agreement will survive termination. The provisions concerning BIOSCARF and Petrichor SA, LLC. proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and sever-ability, miscellaneous legal terms, and governing law will survive the termination of this Agreement for any reason.
If you have any questions or concerns regarding these Terms and Conditions you can contact us by regular mail:
Petrichor SA, LLC.
10485 Atlanta Newnan Road
Palmetto, GA 30268