Terms of Service

As of 10.31.2023

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Biomic Sciences, LLC ("Company", "we", "us") owner and operator of IntelligenceofNature.com ("Website"). These Terms of Service ("Terms"), govern your use of the Website including your use of the SMS Messaging Service (“SMS Program”) offered by Biomic (see “SMS Policy”, below). By using the Website and/or SMS (together, the “Services”), you agree to be bound by these Terms as well as any other applicable Company policy, including but not limited to our Privacy Policy, incorporated herein.

Certain functionalities of the Website are only available to authorized resellers (“Resellers”) of the Products and can only be accessed by such Resellers. For other users, including visitors to the Website, these terms apply in their entirety unless otherwise stated. Resellers and users of the Website are referred to as “You”. All of the functionalities and offerings on the Website, whether or not viewable by all users or specific to Resellers, are referred to as the “Services”.

Please read these Terms carefully before accessing or using the Website or Services. This Website is offered and available to authorized Resellers located within the United States who have been approved by Biomic for a Reseller Account and executed a Reseller Agreement.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any Service or content we provide on the Website (“Content”), in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website or the Services to Resellers or other users.

You are responsible making arrangements necessary to have access to the Website and for ensuring that you or any Reseller representative has access to the appropriate Services. Resellers are solely responsible for ensuring that all persons who access or use the Services and who are your authorized representatives for purposes of accessing your Reseller Account (“Reseller Representative”) are aware of these Terms and comply with them.

To access some or all of the Services, you may be asked to provide certain registration details or other information. Approved Resellers will be required to set up a Reseller Account. All of the information you provide on your Reseller Account must be current, and complete. Any information provided is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

When you set up your Reseller Account username and password or are provided with other pieces of information as part of our security procedures, Resellers and Representatives must treat such information as confidential, and you must not disclose it to any other person or entity. A Reseller Account is specific to each Reseller and Reseller agrees not provide any other person with access to this Website or portions of it using your Reseller name, password, or other security information. You must notify us immediately of any unauthorized access to or use of your Reseller name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any Reseller name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Products

Products available for order and purchase on the Website are intended to be sold by Resellers only in strict accordance with the Reseller Agreement executed by Reseller and Biomic. Products cannot be purchased from the Website for personal use. In addition to rights set forth in the Reseller Agreement, we may in our sole discretion, and with or without notice, cancel or reduce the quantity of any order to be filled or Products offered on the Website.

No Medical Advice

Any claims made about the Products on or through the Website have not been evaluated by the United States Food and Drug Administration (“FDA”) and are not intended to diagnose, treat, cure, or prevent disease. The information provided on this Website is for informational purposes only and is not intended as a substitute for advice from any physician or other health care professional or any information contained on or in any product label or packaging.

Changes to the Terms

We may modify these Terms, in part or in whole, at any time, in our sole discretion and reserve the right to change or discontinue all or any part of these Terms or the Services, at any time and without notice, at our sole discretion. If we do so, we’ll let you know by posting the modified Terms on this Website. We reserve the right to update, change or replace any part of these Terms by posting such updates and/or changes on the Website. Resellers should check the Website periodically for changes and review any modified Terms. If you continue to use the Website or Services after such updates have been posted you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Website anymore.

SMS Policy.

SMS is available to those Resellers who have consented to receive SMS messages from Biomic. The SMS program is subject to these Terms and the below provisions. By opting in or participating in SMS, Reseller agrees to these policies and provisions regardless of the opt-in or consent method utilized to join SMS.

SMS Disclaimer of Warranty.

The SMS Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by a Reseller’s wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.

Supported Devices.

The SMS Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Biomic, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

SMS State Laws.

Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to the SMS Program, (1) your Reseller shipping address, as provided is located in Florida or (2) the area code for the phone number associated with the Reseller Account and used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from you (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Washington: To the extent the law is relevant and applicable to the SMS Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

Products for Resale Only

Products available for purchase on the Website are for resale only by authorized resellers within their authorized territory (as spelled out in their agreement with us). You may not sell or resell any of the Products unless you are authorized reseller of such Products. We reserve the right, with or without notice, to modify, cancel or reduce the quantity or kind of any Products made available to Resellers.

Payment

Resellers can order Products on the Website through our online store on Shopify whose policies can be found at https://www.shopify.com/legal/terms and https://www.shopify.com/legal/privacy.

Once you leave the Website, Biomic's policies do not apply and any data that Shopify, or any other third-party partner, collects in order for Reseller to make a purchase is stored on their system and in accordance with their policies. For more information on how we use information you provide to us, see our Privacy Policy.

Online purchases are subject to the payment terms and conditions set forth on the applicable Reseller Agreement.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Website or our services ("Feedback"). You can submit Feedback by emailing us at info@intelligenceofnature.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable license, with the right to grant sublicenses, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Privacy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information collected on the Website.

Content

For purposes of these Terms: "Biomic Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available on the Website or through the Services including all trademarks and copyrights and all accompanying intellectual rights thereto.

Biomic and its licensors exclusively own all right, title, and interest in and to the Biomic Content. You acknowledge that the Website and Biomic Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website as a whole or any portion thereof, or the Biomic Content.

You are granted a non-exclusive license to access and use such Biomic Content solely for the purposes set forth in these Terms. You are prohibited from using the Biomic Content for any other uses.

Rights in Content Granted by Biomic

Subject to your compliance with these Terms, Biomic grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, display, and print the Biomic Content solely in connection with your permitted use hereunder and solely for your personal and non-commercial purposes.

General Prohibitions and Biomic's Enforcement Rights

You agree not to do any of the following:

Use the Website or the Biomic Content in any way, or upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

Use, display, mirror, or frame the Website or any individual element thereon, Biomic Content, Biomic's name, any Biomic trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Biomic's express written consent;

Access, tamper with, or use non-public areas of the Website, Biomic's computer systems, or the technical delivery systems of Biomic's providers;

Attempt to probe, scan, or test the vulnerability of any Biomic system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Biomic or any of Biomic's providers;

Attempt to access or search the Website or download Biomic Content from the Website through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Biomic or other generally available third-party web browsers;

Use any meta tags or other hidden text or metadata utilizing a Biomic trademark, logo, URL, or product name without Biomic's express written consent;

Use the Services or any Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Collect or store any personally identifiable information from other users of the Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation including sending any content that is prohibited by any law in the jurisdiction from which the message is sent;

Send any content that is about a product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Encourage or enable any other individual to do any of the foregoing.

We may monitor access to or use of the Services for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the Website. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third-Party Websites or Resources

The Website may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel or delete your Account at any time by sending an email to us at info@intelligenceofnature.com or by calling our toll-free number, 844.432.5488. Removal of your Account will result in the inability to access the Account or any associated information such as purchase history.

Warranty Disclaimers

The Website and Services are provided "as is," without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.

Indemnity

You will indemnify and hold harmless Biomic and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Website or Services; (ii) your violation of these Terms.

Limitation of Liability

Neither Biomic, its officers, directors, employees, and agents nor any other third party or their officers, directors, employees, and agents involved in creating, producing, or delivering the Website and content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use of or inability to use the services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Biomic has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In no event will Biomic's total liability arising out of or in connection with these Terms or from the use of or inability to use the Website or Services or content exceed the amounts you have paid to Biomic for use of the services or content or one hundred dollars ($100), if you have not had any payment obligations to Biomic, as applicable.

Governing Law

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of Virginia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.