Terms of Use

Last Updated: September 19, 2016

This Website located at www.biotoy.com (the “Website”) is owned and operated by BioToy LLC, an Arizona limited liability company (“BioToy”).

Please read these terms of use carefully before using this site. These terms of use constitute a legally binding agreement between you and biotoy. By accessing or using any part of this Website, you agree that you have read, understand and agree to be bound by these terms of use. If you do not agree to be so bound, do not access or use this Website.

If you are under the age of 18, please discuss your use of this Website and our Terms of Use with your parent or guardian.

User Conduct

You expressly agree that you will not use this Website or any other internet services provided by BioToy for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your account.
Any unauthorized commercial use of this Website, BioToy’s servers or internet infrastructure is expressly prohibited. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website as determined by BioToy in its sole discretion.

Privacy

By using this Website, you consent to the terms of BioToy’s Privacy Policy, which you understand may be modified from time to time. The Privacy Policy, which can be reached by clicking on the Privacy Policy link located at the bottom of the BioToy site, is incorporated into these Terms of Use by reference. You consent to BioToy’s use of cookies and similar devices as further described in the Privacy Policy and for the purposes set forth in the Privacy Policy. You further understand and agree that, to the extent that information is collected about you, it will be stored on servers in the United States.

Online Shopping

BioToy offers the opportunity to purchase products online through this Website. All purchases are subject to the terms and conditions of these Terms of Use and any additional requirements shown on the product or checkout page or in the FAQ. Customers must be over age 18 with a valid credit card. Website visitors under age 18 cannot make purchases. When a customer places an order, we collect information associated with the transaction in accordance with BioToy’s Privacy Policy.

Prices: Prices of products and delivery and other charges displayed on this Website are current at the time of issue, but may be changed at any time without notice and are subject to availability. Stated prices do not include shipping and handling or taxes. You are solely responsible for any sales, local or similar taxes and duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes imposed on any products ordered by you from this Website. All prices are stated in United States dollars.

Charges: If you purchase by credit card, we may authorize the amount of your purchase with your credit card issuer at the time you place your order.

Availability: We cannot guarantee availability of product, even if our Website shows that a particular product is available. We may not have all products or product lines available online and we may discontinue products or change prices at any time.

Products Purchased Elsewhere: We cannot guarantee that products shipped from retailers other than BioToy will not be damaged during shipment. If you received damaged goods from another store or internet retailer, please report any damages directly to that company. Please do not report these damages to BioToy.

Returns: You must contact BioToy before returning any product. You may return for a refund any product you purchased within 30 days of purchase if the product is unopened and in new and saleable condition. Gifts may be returned for an exchange credit within 30 days of purchase if the product is unopened and in new and saleable condition. Opened products may not be returned unless they are defective. To return a product, please contact us at:

Customer Support
BioToy

PO Box 2746

Pinetop, AZ

928-367-1200

ask@biotoy.com

Defective Products: We will repair or replace, at our option, any product ordered from BioToy.com which is defective upon delivery. You must contact us at the customer support number or email address above before returning any product.

Promotions and Pricing: Promotional pricing may be restricted to defined groups of people for specific periods of time while supplies last– any promotion may be discontinued at any time and without notice. Please see the terms and conditions for each promotion that may be applicable to your purchase.

Orders: We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. If your credit card has already been charged for an order at the time it is rejected, declined or cancelled, we will issue a credit to the credit card account which was charged.

Shipping/Risk of Loss: We will ship your order to the address you provide in compliance with these Terms of Use. You are solely responsible for any inaccurate or incomplete shipping information. All items purchased from BioToy.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. In the event your order is lost during shipping, we will assist you in pursuing a claim with the shipper, but will not be liable for any orders which are lost during shipping or misdelivered.

Product Concepts/Unsolicited Submissions/Fan Feedback

BioToy does not accept unsolicited ideas, concepts, proposals or other submissions with respect to its existing or any new products. By submitting any ideas, concepts, proposals or other submissions with respect to BioToy’s existing products or any new product, even if done in response to a request for feedback on a product from fans, you automatically grant (or warrant that the owner of such rights has expressly granted) to BioToy a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute your submission or incorporate your submission into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called “moral rights” and other rights recognized throughout the world (including without limitation, the European Economic Community) in your submission have been waived and that BioToy has the unrestricted right to modify, edit, alter and change your submission without your or any other person’s consent. There is no contract, implied or otherwise, that BioToy will compensate you for the use of your submission and, pursuant to the foregoing, BioToy will not compensate you for any such use.

Ownership of Intellectual Property/Restrictions on Use

All software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, data and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade dress and trade names which are part of or displayed through this Website (the “Materials”) are the property of BioToy and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

These Terms of Use grant to you a limited, non-exclusive, non-transferable, revocable license to access and use this Website and the Materials for your personal, non-commercial use. Except as expressly provided herein, you agree that no portion of this Website will be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose; that you have obtained no other rights, titles or interests of any kind in or to this Website or the Materials; and that nothing contained herein shall be construed as conferring any other right, title or interest. As between you and BioToy, all rights in the Materials and the Website are reserved to BioToy.

The following applies to all portions of the Website which are downloaded by you: BioToy hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials and/or software that are downloadable from this Website, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Website and/or BioToy, provided that “Copyright 2016 BioToy, Inc. All Rights Reserved. Used With Permission” accompanies all copyrightable Materials and other notices are properly maintained. Modification of Materials or use of Materials for any other purpose is a violation of BioToy’s copyright and other proprietary rights. For purposes of these Terms of Use, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, games, services, or other inappropriate content) is strictly prohibited. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without BioToy’s express prior written consent. Unauthorized or prohibited exploitation of Materials will result in deletion of your Account from the Website, and may subject you to civil liability and criminal prosecution under applicable federal and state laws.

Disclaimers/Limitation of Liability

THIS WEBSITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BIOTOY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BIOTOY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIOTOY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS WEBSITE OR THE INFORMATION CONTAINED IN IT WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU, NOT BIOTOY, ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE.

TO THE EXTENT THAT YOU COMMUNICATE WITH BIOTOY’S CUSTOMER SERVICE DEPARTMENT OR A BIOTOY REPRESENTATIVE THROUGH ANY SOURCE, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THESE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BIOTOY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THIS WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS WEBSITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY BIOTOY, YOU OR ANY THIRD PARTY AND REGARDLESS OF WHETHER BIOTOY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL BIOTOY HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Links/Liking

This Website may contain links to other Websites operated by third parties, including buttons which allow you to like or dislike a particular product or feature. The linked sites are not under the control of BioToy, and BioToy is not responsible for the content available on any other Websites linked to this Website. Such links do not imply BioToy’s endorsement of material on any other Website and BioToy disclaims all liability with regard to your access to such linked Websites. BioToy provides links to other Websites as a convenience to users and access to any other Websites linked to this Website is at your own risk and is subject to that Website’s terms of use and privacy policy.

Emails

You agree that these Terms of Use, including but not limited to the Disclaimers and Limitations of Liability, apply to all emails and other electronic communications which you receive from BioToy as though such email or other electronic communication and all of its content were a page of this Website.

Ads And Malware

We take great care and pride in creating this Website. We are always on the lookout for technical glitches that effect how the Website works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Website and that is beyond our control. If you experience any unusual behavior, content or ads on the Website, it may be the result of Malware on your computer. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Website is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Website and on other sites that you visit. Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system.

Denial Of Access

BioToy, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Website. The sending of an email notice by BioToy to any email address associated with a person or internet protocol address subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the Website upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Website, without BioToy having to post any bond or surety therefor.

Termination

If you are dissatisfied with any portion of the service, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this Website.

Copyright

You should assume that everything you see or read on this Website, receive through related services, or download from our servers, is protected by copyright unless otherwise stated and may only be used according to these Terms of Use. BioToy does not warrant or represent that your use of materials displayed on this Website will not infringe rights of third parties whom are not owned or affiliated with BioToy. Images are either BioToy’s property or used by BioToy with another party’s permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of such images may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.

Trademarks

BioToy and Splashlight are registered trademarks and ReLume is a trademark of BioToy  (collectively the “Trademarks”). Your misuse of the Trademarks displayed on this Website, or any other content on this Website, except as provided herein, is strictly prohibited. Nothing contained on this Website should be construed as granting any license or right to use any Trademark displayed on this Website without the prior written permission of BioToy.

Indemnification

You agree to indemnify, defend and hold harmless BioToy, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you. BioToy reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with BioToy in asserting any available defenses.

Jurisdiction

The Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of Arizona applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms of Use or the site shall be filed only in the state or federal courts located in Phoenix, Arizona, United States of America. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding the foregoing, BioToy shall be entitled to seek in any court of appropriate jurisdiction equitable or injunctive relief to enforce these Terms of Use.

If you use this Website from other locations you are responsible for compliance with local laws and regulations. BioToy products are available in many parts of the world; however, this Website may describe products that are not available in your jurisdiction.

Modification of Terms

BioToy may at any time revise these Terms of Use by updating the same at this Website without prior notice. Your continued use of this Website after such changes are posted will constitute your acceptance of such changes.

General

This agreement constitutes the entire agreement between you and BioToy with respect to this Website and related services and supersedes all prior or contemporaneous terms or conditions, oral or written, between user and BioToy. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any cause of action arising out of or related to this Website or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.