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As the owner and operator of the Scienco/FAST web pages (the "Website", “we”, “our”, “us”), the Kansas-based Bio-Microbics, Inc. grants you the use of this website, and all information, and services on this website based on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION, YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY CONTENT FOR ANY PURPOSE.
MODIFICATION
Bio-Microbics shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use information stored on this site without notice or liability to you. Any changes shall be effective immediately following the posting of such changes on this website. You agree to review these Terms of Use frequently and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.
USE OF SERVICES
In order to use this service you must obtain access to the Internet, you must provide all equipment necessary to make such connection to the Internet and to be able to download and listen to the music or audio or video files. You agree to pay for Internet access and the equipment needed, and Bio-Microbics is not responsible for any of these costs.
PRIVACY & DISCLOSURE OF YOUR IDENTITY
From time to time we may receive requests that disclose the identities of our users on the CONTACT US page. We do not disclose the identities of our users (unless legally required to do so) outside of our local Represenatitives for the purpose of further correspondence and follow-up from you.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Bio-Microbics does not control or endorse the content, messages or information found in any Communication Service and, therefore, Bio-Microbics specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
COPYRIGHTS & PROPRIETARY RIGHTS
Scienco, FAST, SciencoFAST, and other identifying marks of Scienco/FAST are and shall remain the trademarks, or trade names used under license and exclusive property of Bio-Microbics, Inc., and any unauthorized use of these marks is unlawful. All content included on the Website, such as text, graphics, logos, button icons, images, videos, audio clips, digital downloads, data compilations, and software, is the property of Bio-Microbics and protected by United States and international copyright laws. The content on this website may be used as provided, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO USE ANY OTHER BIO-MICROBICS PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
Please contact the marketing department by e-mail for any questions with respect to using Bio-Microbics or Scoenco/FAST trade names and/or identifying marks at sales@biomicrobics.com.
INTERNATIONAL USE
Bio-Microbics makes no representation that Materials on this Website are available for use in locations outside the United States. Those who choose to access the Website from locations outside the United States do so at their own risk and are responsible for compliance with local laws.
THIRD PARTY WEBSITES, CONTENT, AND PRODUCTS AND SERVICES
Please exercise discretion while browsing the Internet. The Website may contain links to other websites that are beyond our control.
For example: If you click on a link or a search result, the click may take you off the Bio-Microbics or Scoenco/FAST Website(s). This includes links from content partners, distributors, national and state organizations, etc. that may use our logo(s) as part of a co-branding agreement. At times, while you may be viewing pages hosted by one of these partners, it may look as if you are still on our website. To tell where you are, simply check the address of the page in your browser's URL address window.
Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. Your use of other such websites is subject to the terms of use, if any, contained within each such website. If there is any conflict between these Terms and any terms or notices set forth on any other website, then the terms of other such websites will control your use of that website. Please review the terms of use for each website so that you understand all of the terms that will apply.
As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which you acknowledge and agree shall be at your own risk.
TECHNOLOGICAL AND USE LIMITATIONS
We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from uploading, downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL.
Bio-Microbics will make reasonable efforts to keep the Bio-Microbics and Scienco/FAST Website(s) operational. However, certain technical difficulties or routine Website maintenance/upgrades may, from time to time, result in temporary service interruptions. Bio-Microbics also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that Bio-Microbics shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
TERMINATION
You agree that Bio-Microbics, in its sole discretion, may terminate your username/password (if granted one for use in conjunction of our TRACK® Electronic Monitoring Device) or account (or any part thereof) for any reason, including, without limitation, if Bio-Microbics believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Bio-Microbics may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your account under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Bio-Microbics may immediately deactivate or delete your account and/or bar any further access. Further, you agree that Bio-Microbics shall not be liable to you or any third party for any termination of your account.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE BIO-MICROBICS WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE BIO-MICROBICS WEBSITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT.
MISCELLANEOUS
This Agreement is governed by the laws of Kansas. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
Copyright 2011 Bio-Microbics, Inc.
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