Terms and Conditions
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.
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
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 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.
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.
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.
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.
If you have any questions, comments, or concerns, please email us using the form on our Contact Us page.
Updated: September 18, 2014