YOUR USE OF THIS SITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE FOLLOWING
TERMS AND AN INDICATION OF YOUR UNDERSTANDING OF THEM.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
Biosynthetic Technologies, LLC (“BT”) may revise these Terms at any time by posting new Terms to this Site.
By continuing to use this Site, you agree to be bound by any such revisions and should therefore periodically
visit this page to determine the then current Terms to which you are bound.
If any provision of these Terms shall be declared by a court to be invalid, illegal, or unenforceable, such
provision shall be deemed severable from these Terms and the other provisions shall remain in full force and
effect. The failure of BT to exercise or enforce any right or provision of these Terms shall not constitute a
waiver of such right or provision.
Some Definitions
Following are some definitions that explain some of the terminology used in these Terms.
•
The words "You" and "Your" refer to corporations or other business entities, and their agents, and to
individuals using this Site for personal business, respectively and as applicable.
•
"BT" refers to Biosynthetic Technologies, LLC and to each of its subsidiaries and affiliates.
•
"We," "Our" and other first person pronouns refer to BT.
•
"Site" means the home page and all associated pages accessible through the home page directly or
through additional links but does not include third-party web sites not maintained or sponsored by BT.
Compliance with Local Law
BT operates from its headquarters in Irvine, California, USA. However, this Site may be operated from its
headquarters, from any of BT's divisions and affiliates located around the world, or hosted on our behalf by any
third party.
BT makes no representation that materials on this Site are appropriate or available for use in all locations
around the world from which it may be viewed. Access to this Site from countries where its contents are illegal
is prohibited. Those who choose to access this Site from such locations do so on their own initiative and are
responsible for compliance with applicable local laws.
Your Use of Copyrighted Material on this Site
The copyright in all material provided on this Site by BT is held by BT or by the original creator of the material.
BT grants you a limited, non-exclusive and non-transferable license to use and display the materials on this
Site only for the bona fide purposes associated with your interaction with the Site. The license includes the
right to print such materials but only for the stated uses. Unless otherwise stated, you have no right to copy,
display, reproduce, download, distribute, modify, edit, alter or enhance the materials in any manner, including,
but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written
permission of BT or the copyright owner. This license terminates automatically and without notice if you violate
any of these Terms. Upon termination, you must destroy any downloaded or printed materials obtained from
this Site.
The foregoing limitation does not apply to Material Safety Data Sheets (MSDS) or to product labels which may
be furnished on the Site and which are intended for reproduction and use.
Confidential or Proprietary Information
BT strives to provide the public broad access to information about its products and services. In doing so, it is
not BT's intention to waive any intellectual property rights it may have in information on this website under
applicable laws. BT has policies and procedures in place that are designed to prevent the disclosure on this
website of information that BT considers to be confidential or proprietary trade secret information. However, if
at any time you obtain confidential or proprietary trade secret information from this website that may be
disclosed inadvertently by BT, you agree to act in good faith to recognize and respect the confidentiality of the
information and you agree not to make use of or disclose any confidential or trade secret information you may
obtain from this website to anyone else and to destroy any copies of the information, in any form, in your
possession.
BT reserves the right at any time in our sole discretion to modify or discontinue the Site, modify or discontinue
any information or other content contained on the Site, or terminate your Password and User Name and your
use of the Site, for any reason or no reason.
Transactions
For any BT Site that permits you to place orders or otherwise effect transactions with BT, additional terms and
conditions may be applicable to that transaction and, if so, those terms will be displayed on the web pages
which enable to you to conduct such business.
The United States and other governments regulate the import and export of products and information. You
agree that, to the extent such laws are applicable to you or the transaction you wish to effect with BT, you will
comply with all such import and export laws and regulations and that you will not import, export or re-export
products or services purchased or sold through the Site to countries or persons prohibited under applicable
import and export control laws.
By entering into a transaction with BT through this Site, you are representing to us that you are not in a country
where such import/export is prohibited or are a person or entity to which such import/export is prohibited. You
are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export.
Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered
and unregistered Trademarks of BT and others. Unless otherwise stated on the Site, nothing on this Site
should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any
Trademark displayed on the Site, without the written permission of the Trademark owner. Except as expressly
indicated on the Site, the name of Biosynthetic Technologies or the BT logo may not be used in any way,
including in advertising or publicity pertaining to distribution of materials on this Site, without prior written
permission from BT.
Linking To and From This Site
Anyone linking to the Site must comply with all applicable laws. A site that links to BT's Site:
(a) may link to, but not replicate, content on this Site;
(b) may not create a browser or border environment around content on this Site;
(c) may not imply that BT is endorsing it or its products;
(d) may not misrepresent its relationship with BT;
(e) may not present false information about BT's products or services;
(f) may not use BT's Trademarks without express written permission; and
(g) may not contain content that could be construed as distasteful, offensive or controversial, and must contain
only content that is appropriate for all age groups.
BT does not control and is not responsible for the content of any third-party (non-BT) sites linked to this Site
and is not responsible for any changes or updates to such third-party sites. BT is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement by BT of the Site.
Disclaimer Of Warranties
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BT DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH
RESPECT TO THE SITE AND MATERIALS ON THE SITE.
PLEASE NOTE THAT THIS SITE MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR
EXPECTATIONS FOR THE FUTURE. THAT INFORMATION WAS CURRENT WHEN POSTED; HOWEVER,
BT DOES NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION
OR OTHER DEVELOPMENTS. FURTHER, ALTHOUGH THE INFORMATION ON THIS SITE IS PRESENTED
IN GOOD FAITH AND BELIEVED TO BE CORRECT, BT MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OR ANY SITES
LINKED TO THIS SITE.
CERTAIN CONTENT ON THIS SITE IS THE PROPERTY OF THIRD PARTIES, USED WITH THEIR
PERMISSION. THE OPINIONS EXPRESSED BY THIRD PARTIES DO NOT NECESSARILY REFLECT
THOSE OF BT COMPANY.
The foregoing disclaimer of warranties does not apply to any product warranties set forth on product labels
which may be displayed on this Site. For such products, the warranty, if any, set forth on such label controls
BT's liability for such product.
Limitation Of BT's Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BT BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING,
BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE SITE OR THE USE, OR THE
INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF BT OR A BT AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your indemnification Obligation
You agree to defend, indemnify and hold harmless BT, its affiliates and their respective directors, officers,
employees and agents from and against all damages, claims and expenses, including attorneys' fees, arising
out of your use of this Site or misuse of any information taken from the Site or your transmission of information,
data, material or content on the Site.
Disclaimer For Forward-Looking Statements
Certain statements contained on this Site are "forward-looking statements," such as statements concerning the
company's anticipated financial results, current and future product performance, regulatory approvals, business
and financial plans and other non-historical facts. These statements are based on current expectations and
currently available information. However, since these statements are based on factors that involve risks and
uncertainties, the company's actual performance and results may differ materially from those described or
implied by such forward-looking statements. Factors that could cause or contribute to such differences include,
among others: competition; contingencies related to intellectual property protection, regulatory matters, and
public acceptance of biotechnology products; research and development success; litigation; developments
related to foreign operations; acquisitions; commodity prices; regulations affecting manufacturing; inventory
levels; the company's ability to obtain financing and payment for the products that it sells; weather, natural
disasters and accidents; and other risks and factors detailed in the company's most recent periodic filing with
the SEC. Undue reliance should not be placed on these forward-looking statements, which are current only as
of the date of their posting to this Site. BT disclaims any current intention or obligation to update any forwardlooking statements or any of the factors that may affect actual results.
Advertisements that May Appear on the Site
If any advertisement for a product or service provided by anyone other than BT appears on this Site, BT does
not endorse, warrant or guarantee any such product or service and will not be a party to or in any way monitor
any transaction between you and third party providers of products or services. As with the purchase of a
product or service through any medium or in any environment, you should use your best judgment and exercise
caution where appropriate.
When Visitors May Post to a BT Site
If this Site permits you to post or upload comments or any other content on the Site, then the following
additional terms are applicable to your use and are hereby accepted by you.
You understand that all information, content, text, data, messages or other materials, whether posted to the
Site or privately transmitted (“Material”) are the responsibility of the person from which the Material originated.
You are responsible for all Material that you post, transmit or otherwise make available on the Site or to others.
You acknowledge and agree that you must evaluate and bear all risks associated with the use of any Material,
including any reliance on the accuracy or completeness of Material.
BT does not control this Material and therefore does not guaranty the accuracy, integrity or quality of the
Material. BT will not be liable in any way for any Material, including but not limited to, any errors or omissions in
the Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted,
transmitted or otherwise made available on the Site.
While BT does not and cannot review every communication or information posted or transmitted by you or
others to the Site or to others and is not responsible for the content of these messages, BT reserves the right to
delete, move, or edit Material that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of
copyright or trademark laws, or otherwise unacceptable.
You agree to use the Site in a proper manner and agree that by using the Site you will not:
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upload, distribute or otherwise publish any libelous, defamatory, obscene, hateful, pornographic, abusive,
illegal, threatening or otherwise objectionable material;
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upload or distribute any files that contain viruses, worms, corrupted files or any other similar software or
programs that may damage the operation of another's computer or property of another;
•
harass, stalk, threaten or otherwise violate the legal rights (including right of privacy and right of publicity)
of others;
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transmit or otherwise make available any Material that you do not have a right to make available under
any law or under contractual or fiduciary relationships;
•
post material which infringes the intellectual property rights of others (including but not limited to
copyright, trade secret, trademark or other proprietary rights);
•
intentionally or unintentionally violate any applicable local, state, national or international law, including,
but not limited to regulations promulgated by the U.S. Securities and Exchange Commission;
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transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials or
any other form of solicitation; and
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distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation
for goods or services.
You acknowledge and agree that BT may disclose any Material, and the source or owner of any Material, if
required to do so by law or legal process, to enforce the provisions of these Terms, or protect the rights of BT,
its customers and/or Visitors of the Site.
BT's Rights in Materials Submitted To The Site
Unless otherwise specified by You, any Material you transmit or otherwise make available to this Site shall
conform to these Terms and is not confidential or proprietary. You automatically grant, or warrant, that the
owner of the Material has granted BT and its affiliates, a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license to make, sell, use, reproduce, publish, create derivative works of, perform, display,
distribute, import and transmit such Material and products incorporating such Material (in whole or in part) in
any form, media or technology, now known or later developed for the full term of any intellectual property rights
that may exist in such Material for any purpose whatsoever, and to publish the owner's name in connection
therewith. You warrant that you have the rights necessary to grant the licenses described in these Terms.
Procedure For Making Claims Of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement
should be sent to this Site's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING
WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. BT respects the intellectual
property of others, and we ask our visitors to do the same. BT will process and investigate notices of alleged
infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other
applicable intellectual property laws. Upon receipt of notices complying with the DMCA, BT will act to remove or
disable access to any material found to be infringing or found to be the subject of infringing activity and will act
to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide BT
the following information. Please be advised that to be effective, notification must include ALL of the following:
1.
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive
copyright that is allegedly infringed;
2.
A description of the copyrighted work that you claim has been infringed;
3.
A description and, if possible, the IP address of where the material that you claim is infringing is on the
Site;
4.
Your address, telephone number and e-mail address and all other information reasonably sufficient to
permit BT to contact you;
5.
A statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent or the law;
6.
A statement by you, made under penalty of perjury that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
Biosynthetic Technologies, LLC
By Mail:
Attention: Jeremy Forest
2 Park Plaza, Suite 200
Irvine, CA 92614
By Fax:
(949) 390-5918
By E-Mail:
jeremyf@biosynthetic.com
Effective Date
These Terms were last revised on November 1, 2012 and govern your access of this Site from this date
forward until a later revision is posted.