Terms and Conditions

Welcome to biosurge.net (the “Website”), which is operated by HEALTH PLUG (“BioSurge,” “we” or “us”). By using this Website, you agree to comply with these terms and conditions. These terms and conditions can change without notice by posting them to this Website. If you do not agree, please exit the Website immediately!

Disclaimer of Warranty

All content, materials, products, services, and information on this Website are given on an “as is” and “as available” basis without warranties of any kind, either expressed or implied. Neither BioSurge nor its affiliates, nor the directors, officers, employees, agents, contractors, successors, or assigns of each shall be liable for any damages whatsoever arising out of or related to the use of, or inability to use, this Website’s information or any other website linked to this Website. This waiver of liability applies to direct, indirect, incidental, consequential, special, punitive, exemplary, or other damages you or others may suffer, as well as damages for lost profits, business interruption, or the loss of data or information, even if BioSurge is notified in advance of the potential for any such damages and regardless of the form of action, whether in contract, tort, warranty, strict liability or otherwise.

Trademarks and Copyrights

You agree that all content appearing on the Website, including but not limited to code, trademarks, service marks, trade names, graphics, images, text, audio sections, icons, digital downloads, data compilations, and computer software, are the sole property of BioSurge or its partners and suppliers, and are protected by United States and international copyright laws. All content on this Website is the exclusive property of BioSurge and protected by United States and international copyright laws. All software used on this site is the property of BioSurge and protected by United States and international copyright laws. Users are granted permission to browse and use the Website for information only. Any other use, including and not limited to the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this Website or the exploitation in any other manner of any content of this Website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property, or content from this Website is strictly prohibited.

 

BioSurge does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this site without the prior written consent of BioSurge. Registered and unregistered proprietary information is owned and held by BioSurge and therefore, you may be liable for infringement or misappropriation or other legal action if you misuse this Website in any form either mentioned or unmentioned.

Third-Party Websites

Any third-party websites are independent of BioSurge, and BioSurge has no control over, or responsibility with respect to, the information provided, or activities undertaken by any such website. A link between BioSurge and another website further does not mean that BioSurge endorses that website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions. BioSurge expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the factors from third-party websites.

User Restrictions

This Website is for your personal, non-commercial use only. You agree that you will not use this Website for any purpose including, but not limited to, advertising or selling products; to monitor, gather or copy content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; use any meta tags or any other “hidden text” utilizing BioSurge’s name, the BioSurge brand, or any trademarks of BioSurge. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website.

Unlawful Conduct

You agree that you are prohibited from posting or transmitting to the Website in any libelous, defamatory, obscene, inflammatory, pornographic, or profane way. BioSurge reserves the right to seek all remedies for violations of these terms and conditions.

Product Descriptions

BioSurge attempts to be as accurate as possible. However, BioSurge does not claim that any content of this Website is accurate, complete, reliable, current, or error-free.

 

Revisions

BioSurge may, at its sole discretion, and with or without notice to you, make changes to or discontinue any aspect of this Website including, without limitation, any content, products, services, or prices offered through this Website.

Consent

By accessing, browsing, and/or using this Website, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

Indemnity

You agree to hold harmless BioSurge, its affiliates, officers, employees, agents, licensors, and licensees from any damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising with your use of this Website.

Enforceability and Governing Law

Your use of BioSurge is governed by the laws of the State of [Insert Your State], without regard to its law provisions. Any action against BioSurge arising from the use of the Website and the provisions of these terms and conditions must be brought by you exclusively in the state or federal courts located in [Insert Your State].

CUSTOMER RATINGS AND REVIEWS AND QUESTIONS AND ANSWERS TERMS OF USE

These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by BioSurge (the “CRR Service”).

 

By submitting any content to the Website or otherwise to BioSurge, you represent and warrant that:

 

• You are the sole author and owner of the intellectual property rights in the content and that the content will not violate, infringe upon, or misappropriate any third party’s rights, including but not limited to intellectual property rights, rights of publicity, or rights of privacy;

 

• All “moral rights” that you may have in such content have been voluntarily waived by you;
• All content that you post is accurate, constitutes factual statements that you know and can be proven or verified, and that any opinions in such content are freely and honestly held by you and reflect your personal experiences and beliefs;

 

• To the extent you are compensated or granted any consideration, including discounts, free products, or anything else of value (regardless of if monetary), you will clearly disclose such compensation or any other relationship to BioSurge in the content;

 

• You are at least 18 years old; and

 

• Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

 

You further agree that you may not submit any content:

 

• That is known by you to be false, inaccurate, or misleading;

 

• That infringes any third-party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;

 

• That violates any law, statute, ordinance, or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, or false advertising);

 

• That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation;

 

• For which you were compensated or granted any consideration by any unapproved third party;

 

• That includes any information that references other websites, addresses, email addresses, contact information, or phone numbers;

 

• That contains any computer viruses, worms, or other potentially damaging computer programs or files.

 

You agree to indemnify and hold BioSurge (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant BioSurge a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. The foregoing right and license shall also apply with respect to your name, location, photograph, and any other identifying information provided by you at the time you submit the content to the Website or provided by you at any point in the future with respect to such content.

 

All content that you submit may be used at BioSurge’s sole discretion. BioSurge reserves the right to change, condense, withhold publication, remove, or delete any content on this Website that BioSurge deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Notwithstanding the foregoing, BioSurge will not make any alteration to the content that changes the meaning or would otherwise be misleading with respect to your opinions expressed in such content. BioSurge does not guarantee that you will have any recourse to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, BioSurge is under no obligation to post any ratings, reviews, written comments, or any other content and reserves the right to remove or refuse to post any submission to the extent authorized by law.

 

You acknowledge that you, not BioSurge, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of BioSurge, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.

 

Return/Refund Policy

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Customer Service

If you have any questions, please contact us at support@biosurge.net

We are open from 9:00am to 5:00pm Monday through Friday (PST).