Terms and Conditions
The “Bio Trust Sites” shall mean all areas and services offered or available on the interactive online service operated by Bio Trust Nutrition and/or its affiliates on the World Wide Web. The Bio Trust sites consist of information, services and content provided by Bio Trust Nutrition and/or its affiliates and/or third parties.
- Use of the Bio Trust Sites
- A. The Bio Trust Sites contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Bio Trust Sites are copyrighted as a collective work under the United States copyright laws. Bio Trust is the owner of the copyright in the entire Bio Trust Sites. Bio Trust owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to that provider. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Bio Trust Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Bio Trust Sites without the express permission of Bio Trust and, if applicable, the copyright owner. In the event of any permitted copying, redistribution, or publication of material from the Bio Trust Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or copying copyrighted material.
- C. All information you provide to Bio Trust shall be accurate, complete, and updated.
- D. The Bio Trust Sites contain links to other Web sites, resources, and advertisers. Bio Trust is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products, or other materials made available on or through such external sites. Under no circumstances shall Bio Trust be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods, or services available on such external site. You should direct any concerns to such external site’s administrator.
- E. You agree not to take any action to interfere with the function or accessibility of the Bio Trust Site or to take any action to restrict the access of others thereto.
- F. The provisions of this Section 3 are for the benefit of Bio Trust, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others.
- G. Bio Trust has carefully designed the Bio Trust Sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Bio Trust Sites in any way that interferes with that purpose. In particular, Bio Trust prohibits any party from displaying the content on the Bio Trust Sites in any format where third party advertising or other materials that Bio Trust did not authorize in writing is viewed or viewable together with Bio Trust’s proprietary content.
- Disclaimer of Warranty; Limitation of Liability
- A. YOU EXPRESSLY AGREE THAT USE OF THE BIO TRUST SITE IS AT YOUR SOLE RISK. NEITHER BIO TRUST, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE BIO TRUST SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BIO TRUST SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE BIO TRUST SITES.
- B. THE BIO TRUST SITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED, DIRECTLY OR INDIRECTLY, BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BIO TRUST IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- D. IN NO EVENT WILL BIO TRUST OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE BIO TRUST SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE BIO TRUST OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 4 SHALL APPLY TO ALL CONTENT ON THE BIO TRUST SITES. BIO TRUST’S LIABILITY TO YOU, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU PAID TO BIO TRUST.
- E. BIO TRUST NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE BIO TRUST SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE BY USERS. UNDER NO CIRCUMSTANCES WILL BIO TRUST BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE BIO TRUST SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE BIO TRUST SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.
- F. BIO TRUST DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE BIO TRUST SITES (WITH THE SOLE EXCEPTION BEING WRITTEN WARRANTIES PROVIDED IN CONNECTION WITH BIO TRUST PRODUCTS) AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. BIO TRUST MAKES PRODUCTS OR SERVICES AVAILABLE ON THE BIO TRUST SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- G. NOTICE TO NEW JERSEY RESIDENTS: Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. Nothing in these Terms and Conditions limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quite enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms and Conditions and New Jersey law, New Jersey law shall govern.
You agree to defend, indemnify and hold harmless Bio Trust, its affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the Bio Trust Sites, including claims by other users of your equipment, access or membership.
Bio Trust shall have the right to immediately terminate this Agreement with respect to any user which Bio Trust, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 3, 4, 5, 6, 7, 8, and “Miscellaneous” shall survive termination of this Agreement.
All trademarks appearing on the Bio Trust Sites are the property of their respective owners, including, in some instances, Bio Trust, and/or affiliated companies.
Delivery, Title & Risk of Loss
All Online Products purchased from Bio Trust are made pursuant to a shipment contract with our carriers. That means that (1) delivery of the Online Products to you is made upon our delivery to the carrier, which occurs in the United States of America (FCA Denver, CO, Incoterms 2010), and (2) risk of loss and title for the Online Products purchased pass to you upon our delivery to the carrier.
Messaging Terms & Conditions
You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from BioTRUST, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. BioTRUST reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. BioTRUST also reserves the right to change the short code or phone number from which messages are sent.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. BioTRUST, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP to 29691 to cancel. After texting STOP to 29691 you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that BioTRUST and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from BioTRUST through any other programs you have joined until you separately unsubscribe from those programs.
In the event that you change or deactivate your mobile phone number, you agree to notify BioTRUST by visiting https://support.attentivemobile.com/help/ If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support.
This message program is a service of BioTRUST, located at 500 Corporate Circle, Suite G, Golden, Colorado 80401.
- (a) General. In the interest of resolving disputes between you and BioTRUST in the most expedient and cost effective manner, you and BioTRUST agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from BioTRUST or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from BioTRUST or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND BioTRUST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- (b) Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or BioTRUST to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- (c) Arbitrator. Any arbitration between you and BioTRUST will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting BioTRUST. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- (d) Notice; Process. If you or BioTRUST intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). BioTRUST address for Notice is: 500 Corporate Circle, Suite G, Golden, Colorado 80401, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and BioTRUST will make good faith efforts to resolve the claim directly, but if you and BioTRUST do not reach an agreement to do so within 30 days after the Notice is received, you or BioTRUST may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or BioTRUST must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
- (e) Fees. If you commence arbitration in accordance with these Messaging Terms, BioTRUST will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse BioTRUST for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and BioTRUST agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or BioTRUST made within 14 days of the arbitrator's ruling on the merits.
- (f) No Class Actions. YOU AND BioTRUST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BioTRUST agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- (g) Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if BioTRUST makes any future change to this arbitration provision, other than a change to BioTRUST address for Notice, you may reject the change by sending us written notice within 30 days of the change to BioTRUST address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and BioTRUST.
- (h) Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
This Agreement and any operating rules for the Bio Trust Sites established by Bio Trust constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules. Any dispute arising under or relating to this Agreement or any Bio Trust Site shall be brought in state or federal courts in Austin, Texas, and you hereby irrevocably consent to the jurisdiction of such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You also give full permission to Bio Trust to charge other accounts provided on items purchased and not paid for. The section headings used herein are for convenience only and shall not be given any legal import.