BIOVERSE, Inc.
These Terms of Use were last updated on February 7, 2024.
THIS SITE DOES NOT PROVIDE ANY EMERGENCY CARE. IF YOU OR SOMEONE ELSE ARE AT RISK OF INJURY OR DEATH OR WHO MAY HARM SOMEONE OR THEMSELVES, YOU SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. BIOVERSE DOES NOT, AND IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO EMERGENCY COMMUNICATIONS.
1. Changes to Terms of Use
We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on Bioverse’S website and/or mobile applications (collectively, the “Site”). In accordance with our Privacy Policy (available at www.gobioverse.com) changes to these Terms will not weaken the privacy protections applied to your Protected Health Information without your being notified. Any use of the Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any Dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that was in place when the Dispute arose.
We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period.
2. Additional Terms
Your use of the Services is also subject to any applicable terms, policies or rules that we may post or provide a link to on the Site. As of now, these terms include Bioverse’s Privacy Policy (available at www.gobioverse.com). All such applicable terms, policies and rules are considered part of these Terms of Use and incorporated by reference.
3. Restrictions on Use
Material from this Site is owned, maintained, operated, licensed or controlled by Bioverse. Modification or use of the materials for any other purpose violates intellectual property rights. Except as described otherwise, all materials in this Site are made available only to provide information. Use of this Site is prohibited in connection with any commercial endeavors, except those that are specifically endorsed or approved by us, or where such use is in violation of the applicable laws. As a user of the Site, you agree not to:
1) Tamper with this Site.
2) Conduct fraudulent activities on or in relation to this Site.
3) Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
4) Make any unauthorized use of the Platform Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
5) Use a buying agent or purchasing agent to make purchases on the Site.
6) Use the Site to advertise or offer to sell goods and services.
7) Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein.
8) Engage in unauthorized framing of or linking to the Site.
9) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
10) Make improper use of our support services or submit false reports of abuse or misconduct.
11) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
12) Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
13) Attempt to impersonate another user or person or use the username of another user.
14) Sell or otherwise transfer your profile.
15) Use any information obtained from the Site in order to harass, abuse, or harm another person.
16) Use the Platform Offerings as part of any effort to compete with us or otherwise use the Site and/or the content for any revenue-generating endeavor or commercial enterprise.
17) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
18) Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
19) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform Offerings to you.
20) Delete the copyright or other proprietary rights notice from any content.
21) Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
22) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform Offerings.
23) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
24) Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
25) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
26) Use the Site in a manner inconsistent with any applicable laws or regulations.
4. Your Privacy; Consent to Treat; Electronic Communication Consent
Upon acceptance of these Terms you confirm that you have read, understood, and accepted Bioverse’s Privacy Policy (available at www.gobioverse.com), as applicable.
You give permission to the Providers to provide telehealth services for you and/or your minor child (as applicable). You may withdraw this consent at any time by no longer accessing the Site or seeking Services from Bioverse.
You understand and agree that as part of providing Services to you, your Protected Health Information (as defined by HIPAA), including test results, may be released to an online personal health record and via communication with Provider’s healthcare team electronically.
You agree that Bioverse may send the following to you by email or by posting them on our Site: legal disclosures, these Terms, Privacy Policy (available at www.gobioverse.com), future changes to any of the above and other notices, policies, communications or disclosures and information related to the Services. You agree that Bioverse may contact you via secure messaging, email, phone, text, or mail regarding the Services. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy.
If you later decide that you do not want to receive certain future communications electronically, please send an email to support@gobioverse.com or a letter to Bioverse, Inc. 875 Washington Street, New York, NY 10014 . You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Bioverse. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.
Bioverse will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to these Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you.
5. Social Media
Bioverse may provide you opportunities to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, YouTube or other similar sites (collectively, “Social Media Sites”). For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that we may provide from time to time in order to submit your Tagged Content for potential use on our Site. If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation is governed by these Terms. Additionally, you remain responsible for your compliance with other applicable terms and conditions of those Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission.
6. Intellectual Property Rights; Digital Millennium Copyright Act (“DMCA”) Notice
Bioverse and all other applicable licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by Bioverse or other respective owners.
The Digital Millennium Copyright Act of 1998 provides protection to copyright owners and establishes recourse against copyright infringement. It is our policy not to permit materials known by us to be infringing to remain on this Site. If you believe that material on our Site infringes a third-party copyright, you may send Bioverse a notice of copyright infringement under the DMCA. Upon receipt of a proper notice of claimed infringement, we will respond promptly by removing or disabling access to the material claimed to be infringing that is in our direct control. Please send all notices in writing to: support@gobioverse.com.
7. Security and Links to Third Party Applications and Websites
The Services may allow you to connect your account to applications owned or operated by third parties, including device makers, or may link to other websites that are owned or operated by third parties. We are not responsible, and disclaim all liability, for the privacy, security, performance, and service practices of such third parties, nor are we responsible for any content, advertising, products, services or other materials made available on or through any such third party applications or websites. We make the connections and links available to you only as a convenience, and it is your decision whether to connect to third party applications or access third party websites.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. No Warranties
USE OF THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIOVERSE OR THROUGH THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BIOVERSE, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL MEET YOUR REQUIREMENTS; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
BIOVERSE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BIOVERSE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
9. Limitation of Liability and Damages
THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND ANY OF ITS SERVICE IS TO STOP USING THE SITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF BIOVERSE PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE MATERIALS ON THIS SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
10. Disputes
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact support@gobioverse.com with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Bioverse, including its processors, suppliers or licensors or their respective affiliates, agents, directors or employees, are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Bioverse including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Bioverse advertising, and any use of Bioverse services.
11. Binding Individual Arbitration
You and Bioverse agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST BIOVERSE. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by JAMS, according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in New York City, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Bioverse will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Bioverse also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in New York.
12. Requests for Information
If you contact Bioverse and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Privacy Policy (available at www.gobioverse.com)].
13. Limitation on Time to Initiate a Dispute
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
14. Assignment, Survival, Waiver and Severability.
You may not assign any rights or obligations under this Agreement without Bioverse’s prior written consent. Bioverse may assign all or part of this Agreement. All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to, the recitals, notices and limitation of liability clauses, shall survive. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
15. Entire Agreement; Amendment
Except as expressly provided in these Terms, these terms are a complete statement of the agreement between you and Bioverse, and they describe the entire liability of Bioverse and its vendors and suppliers and your exclusive remedy with respect to your access and use of this Site. It may not be modified except as described elsewhere in this Agreement. In the event of a conflict between these Terms and any other Bioverse agreement or policy, these Terms shall prevail on the subject matter of these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
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