Last updated: January 1, 2020
1. Proprietary Rights.
The Site and its contents, including text, graphics, images, photographs, illustrations, videos, audio, code, data, trademarks, service marks, logos, tag lines, slogans, trade names, documents, data sheets, and other information and material, made available on or accessed through the Site (collectively, the “Content”) and any and all intellectual property and proprietary rights inherent therein or appurtenant thereto, are owned by TIE Consulting, its licensors or other rights holders and are protected under both United States and foreign laws, including copyright and trademark laws. Your use of the Site does not grant to you ownership of any of the Content. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of authorized personnel of TIE Consulting, its licensors or the otherwise applicable rights holders.
2. Limited License.
Except for the limited permission in the preceding paragraph, TIE Consulting does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights of BioLink or of any third party, whether by estoppel, implication or otherwise.
The Content may not be modified, copied, posted on any network computer or broadcasted in any media. You may not mirror the Site or any of the Content on another web site or in any other media.
4. Purchase of Products and Services.
Payment Terms. Payment is due prior to shipment of Products or receiving Services. Products and Services are obtained by adding them to your shopping “cart” and when you are ready to check out and pay you will be need to provide the required information specified, including with regard to your selection from available payment methods and your shipping information. A receipt will be emailed to the email address provided by you. Payments will be handled by one or more third party processors designated by us and you hereby agree to the use of such third party payment processors. You may be required to leave our Site and go to the third party processor(s)’ sites. In all events we disclaim any and all liability for the actions and omissions of such third party processors.
Returns. We do not accept product returns of any kind. If you have received a defective product, please contact us through our contact us form.
Cancellation of Orders. We reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged (including orders for Products or Services that are mistakenly listed at an incorrect price). If your credit card already has been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account (including for the incorrect price where applicable).
DISCLAIMERS OF WARRANTIES. EXCEPT AS PROVIDED IN THE EXPRESS WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW TIE CONSULTING HEREBY DISCLAIMS ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS OF ANY KIND OR NATURE RELATING TO ALL PRODUCTS AND SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING BY COURSE OF DEALINGS, TRADE PRACTICES, OR OPERATION OF LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ABSENCE OF SECURITY INTEREST, ENCUMBRANCE OR LIEN, AND QUIET ENJOYMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU AND IN SUCH STATES OUR LIABILITY WILL BE DEEMED LIMITED TO THE EXTENT PERMITTED BY LAW. TO THE EXTENT THAT ANY IMPLIED WARRANTIES ARE DEEMED TO EXIST UNDER APPLICABLE LAW DESPITE ANY DISCLAIMERS, THEY ARE HEREBY EXPRESSLY LIMITED IN DURATION TO THE DURATION OF ANY EXPRESS WRITTEN WARRANTY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TIE CONSULTING OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, INVESTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, VENDORS AND/OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR ENHANCED, PUNITIVE OR EXEMPLARY DAMAGES, RESULTING FROM OR RELATING TO THE PRODUCTS OR SERVICES OR ANY CONTENT, INFORMATION OR MATERIALS ASSOCIATED THEREWITH, INCLUDING WITHOUT LIMITATION BODILY INJURY, PERSONAL INJURY OR DEATH, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TIE CONSULTING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT ANY OF THESE EXCLUSIONS ARE DEEMED BY A COURT OF APPROPRIATE JURISDICTION TO BE UNENFORECEBALE, IN NO EVENT WILL TIE CONSULTING’S LIABILITY FOR ALL CLAIMS BY YOU IN THE AGGREGATE ARISING FROM A PARTICULAR PRODUCT OR SERVICE OR ANY CONTENT, INFORMATION OR MATERIALS ASSOCIATED THEREWITH EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM OR LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND IN SUCH STATES OUR LIABILITY WILL BE DEEMED LIMITED TO THE EXTENT PERMITTED BY LAW.
5. Use Restrictions and Prohibited Conduct.
You agree that you shall not: (a) hold yourself out as a representative, agent or employee of TIE Consulting and/or impersonate any individual or entity or misrepresent your affiliation with any individual or entity; (b) use the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site, including by introduction or placement of malware, viruses, or other harmful code on the Site or any part thereof; (c) use the Site or any of the Content in violation of TIE Consulting’s or any third party's intellectual property or other proprietary or legal rights; (d) use the Site or any of the Content in violation of any applicable laws; (e) attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site or any Content, or make any unauthorized use thereof; (f) obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Site; (g) attempt to gain unauthorized access to the Site through hacking, password mining or any other means; (h) use or attempt to use any “spider”, “robot”, “bot”, “scraper”, “data minder” or any other program, device or algorithm, process or methodology to access, acquire, copy or monitor the Site (or portions thereof) or the Content (or portions thereof); (i) engage in or promote harassment in any manner or form; (j) upload to, distribute, or otherwise publish on or through the Site any content which is libelous, defamatory, obscene, abusive, threatening, invasive of privacy or publicity rights, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law, including any content that violates the provisions of Section 8 relating to Submissions; (k) upload commercial content on the Site or use the Site for any commercial solicitation, or to solicit others to join or become members of any other commercial online service or other organization, and/or (l) use the Site for spamming or any other abusive electronic communications. This provision does not prevent you from using RSS feeds that may be provided on the Site.
6. Registration and Passwords.
As part of the registration process, you are required to select and use a password. As a Registered User, you acknowledge that you are solely responsible for all activities that occur under your password or account while using the Site. You are responsible for maintaining the security and confidentiality of your password and monitoring and controlling access to your account. You agree to notify TIE Consulting immediately of any unauthorized use of any account or password, or any other known or suspected breach of security.
If you are a Registered User, you may deactivate your account at any time by contacting us at firstname.lastname@example.org. Once your account is deactivated, it will not be viewable on the Site. As with any web site, even if a user deactivates his/her account, some information previously posted or otherwise uploaded may still be accessible by third parties. TIE Consulting is not responsible for the continued accessibility of the information posted or uploaded by a Registered User. You may re-activate your account by contacting us at email@example.com.
The Site may be indexed by search engines that survey the Web and are available to the public generally.
8. User Submissions.
You must be a Registered User in order to make Submissions. TIE Consulting does not claim ownership of any information or material you transmit, post or upload to or through the Site that is not required for your use of the Site or receipt of any Services or Products, by any means including, without limitation, by message boards, chat rooms or similar discussion forums, blogs, wiki pages or otherwise (“Submissions”). Submissions will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose and in any way without any compensation. By making a Submission to or through the Site you: (a) agree that we are free to use any ideas, concepts or know-how contained in any Submission, and (b) automatically grant us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such Submission, alone or as part of other works in any form, media, or technology whether now known or hereafter developed.
Please be aware that with regard to Submissions, any Personal Information you submit can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages or for other purposes. We are not responsible for the Personal Information you choose to submit in these Submissions. TIE Consulting does not want you to, and you should not, send any confidential or proprietary information to TIE Consulting via such Submissions.
TIE Consulting does not represent or warrant the truthfulness, accuracy or reliability of any content, information or material contained in any Submissions made to or through the Site by users or endorse any statements, representations or opinions expressed by users in their Submissions. Your reliance on content, information, material, statements, representations or opinions contained in any Submissions made to or through the Site by other users shall be at your own risk. Any product claim, statistic, quote or other representation about a product and/or service contained in a Submission should be verified with the applicable manufacturer or provider.
9. Health Information.
NO CONTENT OR STATEMENTS ABOUT OUR PRODUCTS OR SERVICES IS INTENDED TO PRESCRIBE OR BE TAKEN AS MEDICAL ADVICE. FOR ANY MEDICAL OR HEALTH CONDITION YOU SHOULD CONSULT WITH A PHYSICIAN OR APPROPRIATE HEALTH PROFESSIONAL.
ANY AND ALL CONTENT PERTAINING TO GENERAL NUTRITION, FITNESS, CONDITIONING AND HEALTH ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED FOR, AND SHOULD NOT BE CONSTRUED AS OR BE A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. TIE CONSULTING IS NOT ENGAGED IN RENDERING MEDICAL ADVICE OR SERVICES. CONTENT, INCLUDING INFORMATION AND STATEMENTS REGARDING THE HEALTH RELATED BENEFITS OF CERTAIN PRODUCTS, SERVICES OR INGREDIENTS, IF ANY, AND THE PRODUCTS AND SERVICES THEMSELVES, ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THE CONTENT IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR PERSONAL PHYSICIAN OR OTHER MEDICAL OR HEALTHCARE PROFESSIONAL. DO NOT USE THE CONTENT OR ANY PRODUCTS OR SERVICES TO SELF-DIAGNOSE OR TREAT ANY HEALTH OR MEDICAL CONDITIONS, DISEASES, ILLNESSES OR PROBLEMS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR MATTER. ADVANCE CONSULTATION WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER IS PARTICULARLY IMPORTANT FOR ANYONE UNDER AGE EIGHTEEN (18) YEARS OLD, PREGNANT, BREASTFEEDING OR WITH HEALTH PROBLEMS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, LISTENED TO OR WATCHED ON OR ACCESSED THROUGH THE SITE.
NONE OF THE PRODUCTS OFFERED OR SOLD THROUGH THIS SITE OR BY TIE CONSULTING ARE INTENDED TO BE USED TO SELF-MEDICATE OR TREAT ANY FORM OF DISEASE, ILLNESS OR HEALTH PROBLEM. BIOLINK DOES NOT RECOMMEND THE USE OF ANY PRODUCTS AS A SUBSTITUTE FOR MEDICAL CARE.
TIE CONSULTING IS NOT RESPONSIBLE FOR ANY ADVERSE REACTION FROM USING ANY OF THE PRODUCTS OR TO ANY INGREDIENT CONTAINED IN THE PRODUCTS. PLEASE CHECK THE LIST OF INGREDIENTS FOR ANY KNOWN SENSITIVITIES OR ALLERGIES YOU HAVE. NOT ALL PRODUCTS CONTAIN A LIST OF ALL INGREDIENTS. PURCHASERS SHOULD CONTACT SUPPORT BEFORE BUYING IF A PARTICULAR PRODUCT DOES NOT CONTAIN A FULL LIST OF INGREDIENTS OR IF PURCHASER HAS ANY QUESTIONS. IF YOU HAVE A SENSITIVITY OR ALLERGY TO ANY INGREDIENT(S) IDENTIFIED DO NOT USE THE PRODUCT. WHEN IN DOUBT PLEASE CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.
TIE CONSULTING MAY PROVIDE A LIST OF MEDICAL AND HEALTH CARE PROVIDERS FROM WHOM OUR PRODUCTS MAY BE PURCHASED. HOWEVER, NEITHER BIOLINK, THE SITE NOR THE CONTENT, RECOMMEND OR ENDORSE ANY SPECIFIC PHYSICIANS OR HEALTH CARE PROVIDERS, PROCEDURES, MEDICAL OPINIONS, COURSE OF TREATMENT OR THERAPY. YOU SHOULD ALWAYS CONSULT YOUR OWN QUALIFIED HEALTH CARE PROVIDER CONCERNING YOUR PARTICULAR CIRCUMSTANCES AND NEEDS AND NOT RELY ON THE SITE OR THE CONTENT.
10. Copyright Infringement Claims.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512, as amended), if you believe in good faith that copyrighted work has been copied, adapted, reproduced or exhibited on the Site in a manner that constitutes copyright infringement, you may submit written notification of the claimed infringing activity addressed to our Designated Copyright Takedown Agent (“Copyright Agent”) at: by email, firstname.lastname@example.org (indicating in the email that it is to the attention of Copyright Agent).
To be effective, the notification must include the following information, or such other information as required under the Digital Millennium Copyright Act then in effect: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We suggest that you consult your legal advisor before submitting written notification, as the above-stated requirements may have changed.
In appropriate circumstances, TIE Consulting, at its sole discretion, may suspend or terminate any user’s (whether Visitor, Registered User or Purchaser) access to the Site and/or take other action against users where TIE Consulting reasonably believes that infringing activity is occurring, regardless of whether the material or activity is ultimately determined to be infringing. Furthermore, TIE Consulting will, in appropriate circumstances, terminate account access rights and/or account(s) of Registered Users and other subscribers and account holders who are repeat infringers of the copyrights of others.
11. Disclaimers and Limitation of Liability.
SITE AND CONTENT DISCLAIMER. THE SITE AND/OR THE CONTENT ARE NOT PROMISED OR GUARANTEED TO BE CORRECT, CURRENT OR COMPLETE, AND THEY MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. TIE CONSULTING MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY OF THE CONTENT OR ANY OTHER MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, INCLUDING STATEMENTS, REPRESENTATIONS OR OPINIONS EXPRESSED BY USERS IN THEIR SUBMISSIONS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH CONTENT, MATERIALS OR INFORMATION IS AT YOUR SOLE RISK. BIOLINK WILL NOT BE RESPONSIBLE FOR ANY LOSS, HOWEVER ARISING, FROM USE OF, OR RELIANCE ON ANY SUCH CONTENT, MATERIALS OR INFORMATION. YOU ACKNOWLEDGE AND ACCEPT THAT TIE CONSULTING DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE AND OPERATION OF THE SITE MAY BE INTERFERED WITH OR ADVERSELY AFFECTED BY NUMEROUS FACTORS OR CIRCUMSTANCES OUTSIDE OF OUR CONTROL.
DISCLAIMER OF WARRANTIES. THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW TIE CONSULTING HEREBY DISCLAIMS ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING BY COURSE OF DEALINGS, TRADE PRACTICES, OR OPERATION OF LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ABSENCE OF SECURITY INTEREST, ENCUMBRANCE OR LIEN, AND QUIET ENJOYMENT. WITHOUT LIMITATION, TIE CONSULTING MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE OR CONTENT OR ANY OTHER MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SAME. BIOLINK DOES NOT WARRANT THAT THE SITE, THE CONTENT OR ANY OTHER MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE, OR WILL OPERATE WITHOUT INTERRUPTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU AND IN SUCH STATES OUR LIABILITY WILL BE DEEMED LIMITED TO THE EXTENT PERMITTED BY LAW. TO THE EXTENT THAT ANY IMPLIED WARRANTIES ARE DEEMED TO EXIST UNDER APPLICABLE LAW DESPITE ANY DISCLAIMERS, THEY ARE HEREBY EXPRESSLY LIMITED IN DURATION TO THE DURATION OF ANY EXPRESS WRITTEN WARRANTY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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