Acceptance of the Terms of Use
These terms of use are entered into by and between you and Bespoke Biologix LLC d/b/a (“Bespoke Biologix”) (collectively referred to herein as (
“Bespoke Biologix” “Company,” “we,” or
“us”). The following terms and conditions, Privacy Policy,(collectively,
“Terms of Use“), govern your access to and use of bespokestemcell.com including any
content, functionality, and services offered on or through bespokestemcell.com (the
“Website“), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the
Website, or by clicking to accept or agree to the Terms of Use when this option is made
available to you, you accept and agree to be bound and abide by these Terms of Use and our
Privacy Policy, found at PRIVACY POLICY, incorporated herein by
reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you
must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older, and reside in the United
States or any of its territories or possessions. By using this Website, you represent and warrant that
you are of legal age to form a binding contract with the Company and meet all of the foregoing
eligibility requirements. If you do not meet all of these requirements, you must not access or use the
Website.
Changes to the Terms of Use
on or before the date the change is posted on the Website.Your continued use of the Website following the posting of revised Terms of Use means that you accept and
agree to the changes. You are expected to check this page frequently each time you access this Website
so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the
Website, in our sole discretion without notice. We will not be liable if for any reason all or any part
of the Website is unavailable at any time or for any period. From time to time, we may restrict user
access, including registered user access, to some parts of the Website or the entire Website.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these
Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current, and complete. You agree that all information
you provide to register with this Website or otherwise, including, but not limited to, through the use
of any interactive features on the Website, is governed by our Privacy
Policy, and you consent to all actions we take with respect to your information
consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of
our security procedures, you must treat such information as confidential, and you must not disclose it
to any other person or entity. You also acknowledge that your account is personal to you and agree not
to provide any other person with access to this Website or portions of it using your username, password,
or other security information. You agree to notify us immediately of any unauthorized access to or use
of your username or password or any other breach of security. You also agree to ensure that you exit
from your account at the end of each session. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to view or record your password or
other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or
provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion,
you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by the Company, its licensors, or other providers of such material and
are protected by United States and international copyright, trademark, patent, trade secret, and other
intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not
reproduce, distribute, modify, create derivative works of, publicly display, publicly perform,
republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and
viewing those materials. - You may store files that are automatically cached by your Web browser for display enhancement
purposes. - You may print or download one copy of a reasonable number of pages of the Website for your own
personal, non-commercial use and not for further reproduction, publication, or distribution. - If we provide desktop, mobile, or other applications for download, you may download a single copy to
your computer or mobile device solely for your own personal, non-commercial use, provided you agree
to be bound by our end user license agreement for such applications. - If we provide social media features with
certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the
accompanying text. - Delete or alter any copyright, trademark, or other proprietary rights notices from copies of
materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or
materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please
address your request to: marketing@bespokebiologix.com.
If you
print, copy, modify, download, or otherwise use or provide any other person with access to any part of
the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you
must, at our option, return or destroy any copies of the materials you have made. No right, title, or
interest in or to the Website or any content on the Website is transferred to you, and all rights not
expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these
Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
and service names, designs, and slogans are trademarks of the Company or its franchisees, affiliates or
licensors. You must not use such marks without the prior written permission of the Company. All other names,
logos, product and service names, designs, and slogans on this Website are the trademarks of their
respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not
to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation
(including, without limitation, any laws regarding the export of data or software to and from the US
or other countries). - For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally identifiable information, or
otherwise. - To send, knowingly receive, upload, download, use, or re-use any material that does not comply with
the Content Standards set out in these Terms of Use. - To transmit, or procure the sending of, any advertising or promotional material without our prior
written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar
solicitation. - To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other
person or entity (including, without limitation, by using email addresses or screen names associated
with any of the foregoing). - To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website,
or which, as determined by us, may harm the Company or users of the Website, or expose them to
liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or
interfere with any other party’s use of the Website, including their ability to engage in real time
activities through the Website. - Use any robot, spider, or other automatic device, process, or means to access the Website for any
purpose, including monitoring or copying any of the material on the Website. - Use any manual process to monitor or copy any of the material on the Website, or for any other
purpose not expressly authorized in these Terms of Use, without our prior written consent. - Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
technologically harmful. - Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website,
the server on which the Website is stored, or any server, computer, or database connected to the
Website. - Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain blogs, testimonials, message boards, reviews, chat rooms, personal web pages or
profiles, forums, bulletin boards, and any other interactive features, and other interactive features
(collectively, “Interactive Services“) that allow users to post, submit, publish,
display, or transmit to other users or other persons (hereinafter, “post“) content or
materials (collectively, “User Contributions“) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By
providing any User Contribution on the Website, you grant us and our franchisees, franchisees,
affiliates and service providers, and each of their and our respective licensees, successors, and
assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to
third parties any such material for any purpose according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the
license granted above to us and our franchisees, affiliates and service providers, and each of their
and our respective licensees, successors, and assigns. - All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions including but not
limited to Testimonials, or comments you submit or contribute, and you, not the Company, have full
responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User
Contributions, including but not limited to Testimonials, or comments, posted by you or any other user
of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our
sole discretion, including if we believe that such User Contribution violates the Terms of Use,
including the Content Standards, infringes any intellectual property right or other right of any
person or entity, threatens the personal safety of users of the Website or the public, or could
create liability for the Company. - Disclose your identity or other information about you to any third party who claims that material
posted by you violates their rights, including their intellectual property rights or their right to
privacy. - Take appropriate legal action, including without limitation, referral to law enforcement, for any
illegal or unauthorized use of the Website. - Terminate or suspend your access to all or part of the Website for any or no reason, including
without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities
or court order requesting or directing us to disclose the identity or other information of anyone
posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS
FRANCHISEES, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION
TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS
BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website and cannot ensure prompt
removal of objectionable material after it has been posted. Accordingly, we assume no liability for any
action or inaction regarding transmissions, communications, or content provided by any user or third
party. We have no liability or responsibility to anyone for performance or nonperformance of the
activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable federal, state, local, and international
laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent,
hateful, inflammatory, or otherwise objectionable. - Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age. - Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other
rights of any other person. - Violate the legal rights (including the rights of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal liability under applicable laws or
regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy. - Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or
annoy any other person. - Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions,
barter, or advertising. - Give the impression that they emanate from or are endorsed by us or any other person or entity, if
this is not the case.
Copyright Infringement
Reliance on Information Posted
Changes to the Website
Information About You and Your Visits to the Website
information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
Use. Additional terms and conditions may also apply to specific portions, services, or features of the
Website. All such additional terms and conditions are hereby incorporated by this reference into
these Terms of Use.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a link in such a way as to suggest any
form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this
Website. - Cause limited portions of content on this Website to be displayed or appear to be displayed on your
own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they
are displayed with, and otherwise in accordance with any additional terms and conditions we provide with
respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other
site, for example, framing, deep linking, or in-line linking. - Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with
any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in
all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We
reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our
discretion.
Links from the Website
Geographic Restrictions
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from
the internet or the Website will be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular requirements for
anti-virus protection and accuracy of data input and output, and for maintaining a means external to our
site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR
OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR
OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR
WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS FRANCHISEES, AFFILIATES,
OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR
DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER
WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL,
LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE,
EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross
negligence or willful misconduct or death or bodily injury caused by products you purchase through
the site.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
Indemnification
Governing Law and Jurisdiction
Arbitration
Limitation on Time to File Claims
MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
Entire Agreement
The Terms of Use and our Privacy Policy, and Terms of Sale, constitute the sole and entire
agreement between you and Bespoke Biologix LLC, (d/b/a “Bespoke Biologix”) regarding the Website and supersede all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
All notices of copyright infringement claims should be sent to the copyright agent via email at
contact@bespokebiologix.com.
All other feedback, comments, requests for technical support, and other communications relating to
the Website should be directed to: email: contact@bespokebiologix.com, phone number: (888) 326-7836
, address: Bespoke Biologix LLC, 227 W Trade St, Suite 1920, Charlotte, NC.
Linking to the Website and Social Media Features