Terms and Conditions

Agreement to Terms of Use

These Terms of Use apply to your use of Bioelements, Inc.’s website located at www.bioelements.com and the associated sites located at pure.bioelements.com and pros.bioelements.com (“Site”).  Please carefully read the following Terms of Use before using the Site.  By using the Site, you agree to these Terms of Use, which includes our Privacy Policy.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE. Bioelements reserves the right to modify, alter, or update these Terms of Use at any time, and you agree to be bound by such modifications, alterations, or updates.

Ownership and Use of Content

Bioelements owns or is licensed to use all of the content appearing on this the Site, including all text, graphics, images, videos, computer code, trademarks, and other content, as well as the compilation, arrangement, and “look and feel” of such content (“Content”).

Bioelements’ trademarks include the following registered marks:  BIOELEMENTS, AGE ACTIVIST, AGE COACHING, ALL THINGS PURE, ALPHABLEND, AMINO MASK, AQUAMIDE-5, ARCTIC ALGAE, BIOBRIGHTENING EXTRACTS, BIOELMENTS MULTI-TASK, OXYGENATION, BIOELEMENTS SKINREADING, BIOELEMENTS VITALIZATION, BRILLIANTLY BRIGHTER, CACTUS CLOTH, CALMITUDE, COAX THE SKIN INTO SHAPE NEVER ASSAULT IT, COLLAGEN-4 COMPLEX, COMFORTABLY CLEAN, CREATEFIRM, EDUCATIONPLUS, EYE AREA, GLYCOLIC DETOX CHARCOAL PEEL, KERAOFLE, LIGHTPLEX, LIP BUFF, MADE TO FADE, MARIBRIGHT COMPLEX, MOISTURE X10, ONE EXTRAORDINARY SUNSCREEN, PEEL PREP LIPID ERASER, PLUMP START, PORE ASSIST, PORE RESCUE, POWER PEPTIDE, PUMICE PEEL, RAYDEFENSE, REALLY RICH MOISTURE, REMINERALIST DAILY MOISTURE, SLEEPWEAR, SPOTLESS CLEANSER, URBAN DETOX, V-NECK SMOOTHING CREME, VITAMINERAL POWER PEN.

Bioelements may modify, alter, or update such Content at any time without prior notice.

All Content included in the Site is protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws.

You agree that you may not use any Content, including copying, modifying, distributing, performing, displaying, or transmitting any Content; registering domain names containing Bioelements trademarks; and purchasing keywords containing Bioelements trademarks without Bioelements’ prior written consent, except as provided in these Terms of Use. To request authorization to use any Content, please email us using the form on our Contact Us page.

If you are authorized to use any Content, you agree that you will indicate that Bioelements’ owns the Content, and that you will not alter the Content in any way.  If you have entered into a Partnership Account, Distributor or Authorized Online Reseller agreement with Bioelements, you agree that you may use such Content only if your website indicates that you are an independent business authorized to sell Bioelements’ products, and that the Bioelements products you are selling are being ordered from you and are not being ordered directly from Bioelements.

Use of Site

You are granted a non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to access and use the Site for non-commercial purposes, subject to your agreement to and compliance with these Terms of Use.

You agree that you will not use the Site for any purpose contrary to these Terms of Use.  You agree that you will not disable, damage, overburden, or impair the Site, or interfere with any other party’s use of the Site.  You agree that you will not breach or attempt to breach any security measures used by the Site.  You agree that you will not gain or attempt to gain unauthorized access to the Site, or any systems or networks connected to the Site.  You agree that you will not gain or attempt to gain access to any other user’s account.

You agree that Bioelements may terminate or suspend your access to the Site at any time without prior notice if Bioelements believes you have violated these Terms of Use.

User Reviews and Emails

You may post reviews on the Site and send us emails, either through the Site or otherwise, provided they are not defamatory, abusive, offensive, harassing, or otherwise objectionable, do not contain false or misleading information about Bioelements’ products, and do not constitute commercial solicitations.

You agree that Bioelements has a non-exclusive, transferable, sublicensable, royalty-free license to use any reviews or emails you post or transmit to the Site, including the name submitted in connection with the reviews or emails.

You agree that Bioelements is under no obligation to monitor any reviews or emails posted or transmitted to the Site.

You agree that Bioelements is under no obligation to treat any unsolicited suggestions for improvements, changes, or other modifications to our products or services as confidential or proprietary.

You agree that Bioelements may delete any reviews or emails posted or transmitted to the Site at any time without prior notice if Bioelements believes they do not comply with these Terms of Use.

Your Account

You may be required to open an account to use various features of the Site.  You may access and update your account information at any time by logging into your account. If you are unable to access your account because you have forgotten your password, you can request that it be emailed to you.  We will not give out passwords over the phone and will not email them to a different email address than the one associated with your account.

You agree that you are responsible for maintaining the security of your account information, such as your user name and password, and you accept responsibility for all activities that occur under your account as a result of your failure to keep such information secure.  You agree to immediately notify Bioelements of any unauthorized use of your account information.  You agree that you will not use any other person’s account information without that person’s prior written consent.

You agree that Bioelements is not responsible for third party-access to your account resulting from misappropriation of your account information.

You agree that Bioelements may cancel or suspend your account and/or change your account information at any time without prior notice if Bioelements believes you have violated these Terms of Use.

Purchases

Additional terms and conditions apply to purchases of products from the Site, including payments, returns, and refunds regarding such products.  You agree to abide by these terms and conditions.  If there is a conflict between these terms and conditions and these Terms of Use, the former control.   These additional terms and conditions can be found on the Customer Service page of the Site. 

Third-Party Sites

The Site may contain links to third-party websites. You agree that Bioelements is not responsible for these websites; any terms of use, privacy policies, or information available on these sites; or any products or services available through these sites.  You agree that Bioelements is not liable for any or losses, injuries, or other damages you may incur as a result of using these sites.

International Users

If you access the Site from outside the United States, you agree that you are responsible for compliance with all local laws relevant to use of the Site, regardless of the provisions of these Terms of Use.

Disclaimers

BIOELEMENTS DISCLAIMS ALL WARRANTIES REGARDING THE SITE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  BIOELEMENTS DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. BIOELEMENTS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATION. 

THE SITE IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

BIOELEMENTS DISCLAIMS ANY AND ALL LIABILITY FOR YOUR USE OF THE SITE.  BIOELEMENTS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE.

Limitations on Liability

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SITE, OR ANY HARM YOU CLAIM TO HAVE SUFFERED AS A RESULT OF USING THE SITE, IS TO STOP USING THE SITE.  YOU AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW, BIOELEMENTS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, OR ANY COSTS OR ATTORNEY’S FEES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BIOELEMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

YOU AGREE THAT THESE LIMITATIONS ON LIABILITY ARE A PART OF THE BARGAIN BETWEEN THE PARTIES.

Notwithstanding the above, you agree that, if Bioelements is found to be liable to you as a result of your use of the Site, your recovery will be limited to injunctive relief if you have not purchased any products from the Site, or to the purchase price of any products you have purchased through the Site, except where prohibited by law.

Indemnification

You agree to indemnify, defend, and hold harmless Bioelements and its shareholders, directors, officers, employees, agents, successors, and affiliated companies from any demands, claims, fines of third parties, and from any liabilities, costs, and expenses, including reasonable attorney’s fees, resulting from your use or misuse of the Site.

Remedies

Bioelements reserves the right to take legal action against you as a result of your violation of these Terms of Use.  You agree that any violation of these Terms of Use would cause Bioelements irreparable harm and, as a result, you consent to Bioelements obtaining injunctive relief to remedy such violation in addition to any other relief to which Bioelements is entitled.  You also agree that, if Bioelements takes action against you for violating these Terms of Use, Bioelements will be entitled to recover, and you will pay, all reasonable costs and attorney’s fees incurred by Bioelements in connection with such action in addition to any other relief to which Bioelements is entitled.

Miscellaneous

You agree that these Terms of Use constitute the entire agreement between Bioelements and you with respect to the Site. These Terms of Use cannot be modified, except by written agreement of the parties.

You agree that, if any provisions of these Terms of Use are held to be void or unenforceable, such provisions will be eliminated or modified to the extent necessary to give effect to the intent of these Terms of Use, and the remaining terms will remain in full force and effect. 

You agree that Bioelements’ failure to insist on strict compliance with these Terms of Use will not constitute a waiver of any provision of these Terms of Use or any rights under these Terms of Use.

You agree that these Terms of Use are governed by the laws of the State of Colorado and the laws of the United States, and you consent to personal jurisdiction and venue in the state and federal courts of Colorado in connection with all disputes relating to the Site.  If you reside in the European Union, the preceding provision regarding venue does not apply.

You agree that, in the event of any dispute between Bioelements and you relating to the Site, the parties will attempt, promptly and in good faith, to resolve the dispute.  You agree that, if the parties are unable to resolve the dispute within a reasonable time, not to exceed 30 days, the parties may agree to submit such dispute to mediation or arbitration.  You further agree that, if the parties do not agree to submit the dispute to mediation or arbitration, or if the dispute cannot be resolved through mediation or arbitration, the parties may pursue any right or remedy available to them under applicable law.

You agree that, in the event of any claim under these Terms of Use, the claim must be brought within one year of when the claim arises, or such claim is barred.

Contact Us

If you have any questions, comments, or concerns, please email us using the form on our Contact Us page.

Updated:  September 18, 2014