Terms of service

Agreement to Terms of Use

These Terms of Use apply to your use of Bioelements, Inc.’s website located at www.bioelements.com and the associated professionals site located at pros.bioelements.com (“Site”) as well as your use of our products, and they constitute a contract between Bioelements and you. Please carefully read the following Terms of Use before using the Site. By using the Site, or by purchasing or using our products if you are an end user of our products, or by selling, advertising, or otherwise using our products if you are an online reseller, you agree to be bound by these Terms of Use, which includes our Privacy Policy. You also agree to be bound by our branding and advertising policies if you are an online reseller, including the Brand Guidelines and the Paid Advertising Policy. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE. Bioelements reserves the right to modify, alter, or update these Terms of Use at any time, and you agree to be bound by such modifications, alterations, or updates.

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”).

The Bioelements trademark and numerous other trademarks are registered to or used by Bioelements, Inc. (Trademarks) and may not be used under any circumstance without written permission if you are an end user or our products and may only be used in accordance with our Brand Guidelines if you are a reseller. Setting up businesses, registering domain names, or using social media usernames that contain the Bioelements name, any Bioelements trademark, or derivatives of these names is strictly prohibited.

You may not use Bioelements' Trademarks as keyword terms in pay-per-click advertising programs, or in the descriptions of such programs.

Our company name is Bioelements. Do not split our name into two words (Bio Elements), hyphenate our name (Bio-elements), or capitalize the E (BioElements).

Bioelements’ Trademarks include the following registered marks: BIOELEMENTS, AGE ACTIVIST, AGE COACHING, AMINO MASK, AQUAMIDE-5, BARRIER FIX DAILY HYDRATOR, BIOELEMENTS EDUCATIONPLUS, BIOELEMENTS MULTI-TASK, BIOELEMENTS OXYGENATION, BIOELEMENTS SKINREADING, BIOELEMENTS VC10 DAILY GLOW, COAX THE SKIN INTO SHAPE NEVER ASSAULT IT, COLLAGEN REHAB, COLLAGEN-4 COMPLEX, CREATEFIRM, DEWLUXE, FIRMAMINT, GLYCOLIC DETOX CHARCOAL PEEL, KERAOFLE, LIGHTPLEX, MARIBRIGHT COMPLEX, MOISTURE X10, PEEL PREP LIPID ERASER, PLUMP START, POWER PEPTIDE, PUMICE PEEL, RADIANCE RESCUE, RAYDEFENSE, REALLY RICH MOISTURE, REMINERALIST DAILY MOISTURE, SKIN EDITOR, SLEEPWEAR, SOOTHING RESET MIST, SPOTLESS CLEANSER, TRISSAGE, URBAN UNDO CLEANSER, V-NECK SMOOTHING CREME.

Bioelements may modify, alter, or update our Trademarks or 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.

You agree that you may not use any Content, including copying, modifying, distributing, performing, displaying, or transmitting any Content; registering domain names containing Bioelements trademarks; and purchasing keywords containing Bioelements trademarks without Bioelements’ prior written consent, except as provided in these Terms of Use. To request authorization to use any Content, please email us using the form on our Contact Us page.

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

You are granted a non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to access and use the Site for non-commercial purposes, subject to your agreement to and compliance with these Terms of Use.

You agree that you will not use the Site for any purpose contrary to these Terms of Use. You agree that you will not disable, damage, overburden, or impair the Site, or interfere with any other party’s use of the Site. You agree that you will not breach or attempt to breach any security measures used by the Site. You agree that you will not gain or attempt to gain unauthorized access to the Site, or any systems or networks connected to the Site. You agree that you will not gain or attempt to gain access to any other user’s account.

You agree that Bioelements may terminate or suspend your access to the Site at any time without prior notice if Bioelements believes you have violated these Terms of Use.

Accuracy of Information

We attempt to be as accurate as possible when describing our products; however, we do not warrant that the product descriptions, displayed attributes, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions - including after an order has been submitted - and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

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 agree that Bioelements may delete any reviews or emails posted or transmitted to the Site at any time without prior notice if Bioelements believes they do not comply with these Terms of Use.

Mobile Terms of Service

The Bioelements mobile message service (the "Service") is operated by Bioelements (“Bioelements”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Bioelements SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Bioelements through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Bioelements. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18334330422 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Bioelements mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18334330422 or email bioelements@bioelements.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Your Account

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.

You agree that Bioelements may cancel or suspend your account and/or change your account information at any time without prior notice if Bioelements believes you have violated these Terms of Use.

Purchases

Additional terms and conditions apply to purchases of products from the Site, including payments, returns, and refunds regarding such products. You agree to abide by these terms and conditions. If there is a conflict between these terms and conditions and these Terms of Use, the former control. These additional terms and conditions can be found on the Customer Service page of the Site.

Third-Party Sites

The Site may contain links to third-party websites. You agree that Bioelements is not responsible for these websites; any terms of use, privacy policies, or information available on these sites; or any products or services available through these sites. You agree that Bioelements is not liable for any or losses, injuries, or other damages you may incur as a result of using these sites.

International Users

If you access the Site from outside the United States, you agree that you are responsible for compliance with all local laws relevant to use of the Site, regardless of the provisions of these Terms of Use.

Disclaimers

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.

Indemnification

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.

Remedies

Bioelements reserves the right to take legal action against you as a result of your violation of these Terms of Use. You agree that any violation of these Terms of Use would cause Bioelements irreparable harm and, as a result, you consent to Bioelements obtaining injunctive relief to remedy such violation in addition to any other relief to which Bioelements is entitled. You also agree that, if Bioelements takes action against you for violating these Terms of Use, Bioelements will be entitled to recover, and you will pay, all reasonable costs and attorney’s fees incurred by Bioelements in connection with such action in addition to any other relief to which Bioelements is entitled.

Miscellaneous

You agree that these Terms of Use constitute the entire agreement between Bioelements and you with respect to the Site. These Terms of Use cannot be modified, except by written agreement of the parties.

You agree that, if any provisions of these Terms of Use are held to be void or unenforceable, such provisions will be eliminated or modified to the extent necessary to give effect to the intent of these Terms of Use, and the remaining terms will remain in full force and effect.

You agree that Bioelements’ failure to insist on strict compliance with these Terms of Use will not constitute a waiver of any provision of these Terms of Use or any rights under these Terms of Use.

You agree that these Terms of Use are governed by the laws of the State of Colorado and the laws of the United States, and you consent to personal jurisdiction and venue in the state and federal courts of Colorado in connection with all disputes relating to the Site. If you reside in the European Union, the preceding provision regarding venue does not apply.

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.

You agree that, in the event of any claim under these Terms of Use, the claim must be brought within one year of when the claim arises, or such claim is barred.