Biocidin Botanicals Terms and Conditions
The following Terms and Conditions of Use (“Terms”) apply to all visitors or users of the online and/or mobile services, website, and software provided by Biocidin Botanicals™ (“BB”) (collectively, the “website”).
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
You may be required to register for an account with us in order to access or use parts of the website. Accounts may be for Retail sales or Wholesale sales. Your account gives you access to our website and the ability to purchase our products. Accounts may be subject to our Distribution Agreement and Pricing Terms, and any attachments or addendums thereto.
If you choose to register an account, you will create a username and password for your account. By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with BB; (b) to provide true, accurate, current and complete information about yourself when we request it; (c) to maintain and promptly update this information to keep it true, accurate, current and complete; and (d) to use limited-access portions of our website only using access credentials that we have issued to you and not to violate these or any other applicable terms. It is your responsibility to maintain the confidentiality of your account, including your login credentials and information associated with the account. BB encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify BB immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. BB will not be liable for any losses or damages caused by any unauthorized use of your account, financial or otherwise. Creation of, maintenance of, and your access to your account is at the sole discretion of BB and BB may revoke your authorization to use your account at any time.
By providing BB with your email address you consent to receiving product and service-related notices, including any notices required by law, in lieu of communication by postal mail, from BR. We may also use your email address to send you other messages, such as changes to features of the website and special offers, promotions, or relevant news. You may be able to opt-out of certain marketing-related emails, but you cannot opt-out of account-related emails.
When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.
If you violate these Terms, we may terminate your account without prior notice. We may also terminate your account without prior notice, if we in our sole discretion decide that it would be in BB’s best interests to do so.
Policies Related To Purchase
The products and services available via our website, including any samples we may provide to you, are only for your personal use. You may not sell or resell any of the products, services or samples you buy or receive from us. BB reserves the right, in its sole discretion, to cancel or reduce the quantity of any order with or without notice, if we believe that it may violate our Terms. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in BB’s sole judgment, appear to be placed by dealers, resellers or distributors, or in violation of any applicable terms. BB may make changes to any products or services offered through the website, or to the prices for any such products or services, at any time, without notice. We reserve the right to cancel any order placed online for any reason.
Additional terms and conditions may apply to purchases of goods or services and to particular portions or features of the website, all of which terms are hereby made a part of these Terms by this reference. You agree to abide by any such other terms and conditions. You represent that you are of sufficient legal age to use or participate in such service or feature.
While describing our products, we try to be as accurate as possible. However, we do not assume any responsibility for the accuracy of information on the website or in our emails or other communications to you. BB reserves the right to do any of the following without prior notice: (a) Suspend, terminate or modify the access to or operations of the website (b) Change or modify the website or any portion of it, or the products or its programs and their descriptions (c) interrupt the functions or features of the website for maintenance, security reasons, or other changes.
Health Information Disclaimer
Any medical or health related information provided in this website is provided for educational purposes only and is not intended to constitute medical advice or replace discussions with a healthcare provider.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the website. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.
Statements on the website have not been evaluated by the US Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.
The content, information, software, designs, materials, functions and data included in and contained on the website or made available via the website (the “Content”) is protected by intellectual property and other laws. You must comply with these and any other applicable laws when you access the website. All Content including but not limited to designs, structure, text, logos, product packaging, trade dress, product configuration, brand names, product names, graphics, arrangement of content, user and visual interfaces, artwork, sounds, music, programming, and all other copyrightable work or trademarks on this website are protected by copyright and/or trademark law and are the property of BB or its licensors. Except as allowed under applicable law, no Content, in whole or in part, may be used, copied, sold, reproduced, duplicated, modified, or otherwise exploited without prior express written permission from BB.
Unless indicated to the contrary and subject to your strict compliance with these Terms, you may access and use the website only for expressly authorized purposes. In connection with these uses, BB grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the website on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”), provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of website is prohibited.
As a condition of your use of the website, you warrant to BB that you will not use the website for any purpose that is unlawful or prohibited by these Terms or any applicable law. You may not use the website in any manner which could damage, disable, overburden, or impair the website or our computer network or interfere with any other party’s use and enjoyment of the website. You may not convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website. You agree not to attempt to reverse-engineer the website or access any protected or non-public portion of the website without express authorization from BB.
In addition to our other legal rights, we may limit or terminate your license to use the website, or certain features of the website, at any time and for any reason, without any prior notice to you whatsoever.
Linking to the Website
Running or displaying this website or any information or material displayed on this website in frames or through similar means on another site and creating any link from another site to any page on this website without our prior written permission is strictly prohibited. Permitted links to this website must comply with applicable laws, rules and regulations, and terms.
Third- Party Sites
Termination of Access/Restriction of Access
BB reserves the right, in its sole discretion, to terminate your access to the website or any portion thereof at any time, without notice.
No Warranty/ Limitations of Liability
THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. BBR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS OR SERVICES OFFERED, OR TO THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BBR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BBR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BBR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTION OF BUSINESS, SYSTEM FAILURES, INCLUDING VIRUSES OBTAINED DURING HYPERLINK, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, ANY BBR PRODUCT OR LINKS TO ANY THIRD PARTY SITE FROM THE WEBSITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BBR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
You agree to defend, indemnify and hold harmless BB and its affiliates, subsidiaries, agents, licensors, and managers, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Submissions or any that is submitted via your account; or (vi) any other party’s access and use of the website with your unique username, password, or other appropriate security code. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of any data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Binding Arbitration/Class Waiver
For any dispute with BB, you agree to first contact us at and attempt to resolve the dispute with us informally. In the unlikely event that BB has not been able to resolve a dispute it has with you after attempting to do so for a period of sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any of BB’s claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and Conditions, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Orlando, FL under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing BB from seeking injunctive or other equitable relief from the courts as necessary to protect any of BB’s proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BBRARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Choice of Law / Jurisdiction
The laws of the State of California govern these Terms and any dispute of any sort that may arise between you and BB or its affiliates, without regard to conflict of laws rules, as if entered into by residents of California and fully performed therein. You irrevocably consent to the jurisdiction of the state courts located in or serving Santa Cruz County, California or a federal court of competent jurisdiction in the Northern District of California for any action relating to the website or these Terms. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
We make no representation that any website is appropriate or available for use in any particular location. Those who choose to access the website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local and international laws.
Trademark / Copyright/ Notice of Infringement
All Content of the website including but not limited to text, design, graphics, interfaces, or code are: Copyright 2022 by Biocidin Botanicals™ All rights reserved.
All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to Biocidin Botanicals™, its licensees and licensors, or other respective owners.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the website;
- Information reasonably sufficient to permit BBR to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying BB and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with BB’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Assignment / Entire Agreement / Severability / Admissibility
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BB without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Unless otherwise specified herein, these Terms constitute the entire agreement between you (and the entity you are binding to them) and BB with respect to the website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you (and/or your respective entity) and BB with respect to the website.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Modification and Changes to these Terms and Conditions
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting a revised Terms on the website or by notifying you of such revisions via email. It is your responsibility to check periodically for any changes we may make to these Terms and ensure you receive our emails. Your continued use of the website following the posting of changes to these Terms and/or other applicable policies means you accept the changes.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BB’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms, the practices of this website, or your dealings with this website, please contact us at:
By mail: Biocidin Botanicals™
P.O. Box 2499, Aptos, CA 95001
By email: email@example.com
By phone: 1-800-775-4140