Terms of Service

Terms of Service

Last Updated: June 2022.

  1. Definitions
  • “BioLev” means BioLev, LLC.
  • “Service” or “Services” means BioLev’s services, software, website, and products, including but not restricted to graphics, text, and any other material retrieved by the user at any time, whether or not they are used in connection with an account.
  • “Personal Information” is information that can be used to identify yourself, either solitary or combined with other pieces of information. BioLev gathers and stores the following types of Personal Information:
    • “Registration Information” is the information you provide when registering for and/or purchasing our services (e.g., name, email, address, user ID and password, and payment information).
    • “Genetic Information” is information about your genotype (the As, Ts, Cs, and Gs at specific points in your genome), created through the processing of your testing sample by BioLev or any assigned third party; or otherwise processed by and/or contributed to BioLev.
    • “Self-Reported Information” is information you provide through the Services or a third party, including your illnesses, health-related data, personal attributes, ethnicity, family medical history, and other information that you include in surveys, forms, etc., in your BioLev account or that you consent a third party to provide to BioLev.
    • “De-identified Information” is information that has removed your registration information (e.g., your name and contact information) and other identifying data so that you cannot practically be identified as an individual, also referred to as pseudonymized information.
    • “User Content” is all information except for Genetic Information and Self-Reported Information (e.g., data, text, software, music, audio, photographs, graphics, video, messages, or other materials) that is generated by users of the Services and communicated, both publicly or privately, to or through BioLev.
    • “Web Behavior Information” is information on how a user operates the BioLev website (e.g., browser type, domains, page views) gathered through log files and cookies.
  • “Aggregated Genetic and Self-Reported Information” is genetic and self-reported information that has been merged with data of other users, then evaluated collectively so that no specific user may be identified.
  1. Acceptance of Terms

Your use of the Services is bound to the terms of the legal agreement between you and BioLev described in these Terms of Service (“TOS”). Except as specified herein, these TOS apply to any use of the Services, including but not limited to a) providing a testing sample for DNA extraction and processing, b) accessing and using your BioLev Account to view testing results and reports provided by BioLev, and/or (c) uploading a digital version of your Genetic Information and interacting with it on the BioLev website. To use the Services, you are required to first agree to the TOS. You may be blocked from using the Services if you do not accept the TOS. You can agree to the TOS by (1) clicking to accept or agree to the TOS or by (2) using the Services. In this situation, you recognize and agree that BioLev will consider your use of the Services as acceptance of the TOS from that point forward. In addition, when using specific Services, you will be subject to any guidelines applicable to such Services that may be presented at any time. All guidelines are hereby integrated by reference into the TOS. BioLev also may offer other services at any time that are governed by dissimilar terms of service.

  1. Prerequisites
  1. Whether you submit your testing sample, a testing sample for anyone you have the legal authority to agree to, or otherwise provide your Genetic Information, you cannot use the Services. You may not accept the TOS if (1) you are not of legal age to form a binding contract with BioLev, or (2) you are an individual banned from receiving these services under the laws of your residential jurisdiction from where you use the Services.
  2. Additionally, suppose you provide your Genetic Information. In that case, you are required to be 18 years or older to agree to these TOS on behalf of yourself or for those with whom you have the legal authority to agree.
  1. Description of the Services

BioLev has entered into third-party services agreements pursuant to which BioLev will provide Services to customers of such third parties, such as, for example, qualified NutriShop stores (the “Master Services Agreement”). The Services include entry to the BioLev website and personal genotyping services, including collecting and evaluating your testing sample. Unless explicitly stated otherwise, each new feature that enhances the current Service will be subject to the TOS. You recognize and agree that the Services are provided “as-is” and are established by the recent advancements in genetic research and technology used by BioLev at the time of the purchase. As research progresses and scientific knowledge and technology advance, BioLev continuously innovates to provide its users with the best possible experience. You accept and agree that the nature of the Services BioLev offers may change at any time without prior notice. As part of this ongoing innovation, you agree that BioLev may stop (permanently or temporarily) offering some Services (or any features within the Services) to users at BioLev’s sole discretion, without former notice. You can stop using the Services at any time. You do not need to notify BioLev when you cease using the Services formally. BioLev assumes no responsibility for using Services outside the terms of this TOS or other applicable terms. To use the Services, you must acquire Internet access directly or through devices that access web-based content and pay additional service fees. In addition, you must possess all equipment necessary, including a computer and modem or any other internet-accessible devices. You are solely responsible for providing this equipment. You accept and agree that while BioLev may not currently have set a fixed maximum on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed maximums may be established by BioLev at any time, at BioLev’s discretion.

  1. Risks and Considerations Regarding BioLev Services

Once you acquire your Genetic Information, the knowledge is conclusive. You should not assume that any information we may provide, whether now or as genetic research evolves, will be welcomed or positive in nature. As research progresses, you may need additional services from BioLev, your physician, a genetic counselor, or other health care providers to decipher the meaning of your DNA in the context of these advances.

We encourage you to speak with a genetic counselor, or a health professional specializing in genetic conditions before collecting your sample for testing so you can make an informed decision about whether testing is proper for you. A genetic counselor can also help you understand your results and options.

It is usual for some people to feel a little apprehensive about receiving genetic health results. If you feel very anxious, you should speak to your physician or a genetic counselor before collecting your sample for testing for reassurance.

You may discover unexpected information about yourself. This information may induce solid emotions and alter your life. You may uncover troubling attributes that you may be unable to control. These conclusions could have social, legal, or economic associations.

The laboratory may be unable to process your sample, resulting in errors. Sample processing might fail up to 5% of the time if 1) your testing sample does not contain an adequate quantity of DNA, 2) the results from processing do not meet our standards for accuracy. * If the initial processing fails for any of the above reasons, BioLev will reprocess the same sample at no additional charge to the user. If the second attempt to process the same sample fails, BioLev will offer to send another sample collection kit at no charge. Suppose the user submits another sample and BioLev’s attempts to process the second sample are again unsuccessful. In that case, BioLev will not send another sample collection kit, and the user will be entitled to a full refund, less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the Service. Suppose the user violates this policy agreement and resubmits another sample through a future purchase of the Service, and processing is again unsuccessful. In that case, BioLev will not offer to reprocess the sample or offer a refund. Even with our high standards, a minor, unknown fraction of the data generated during the laboratory process may be unidentifiable or incorrect (referred to as “Errors”). Since this possibility is known in advance, users are not entitled to refunds when these Errors arise.

Genetic research is not inclusive. While we measure several hundreds of thousands of data points from your DNA, only a tiny fraction of them are known to be related to human attributes. The research community is quickly learning more about genetics. Also, many ethnic groups have been excluded from genetic studies. Since interpretations provided in our Service rely heavily on these published studies, some analyses may not apply to everyone. Future scientific research may alter the analysis of your DNA. In the future, the scientific community may conclude that preceding research is incomplete or inaccurate.

The genetic information you share could be used against your interests. You should be cautious about sharing your Genetic Information with others. Very few establishments or insurance companies ask for genetic information, but this could be different in the future. Some states and other jurisdictions have laws that safeguard individuals ‘Genetic Information. Before you share it, you should confer with a lawyer to understand your genetic information’s legal protection level.

Moreover, genetic information you share with your physician or other healthcare providers may become part of your medical records and therefore be accessible to other healthcare providers and/or insurance companies. Genetic Information you share with family, friends, or employers may be used against you. Even if you share Genetic Information that has no significance now, that data could obtain greater meaning in the future as new research is discovered. If an insurance company asks you for Genetic Information regarding your health conditions, and you do not disclose it, this could be considered fraud.

BioLev Services is for informational and educational use only. We do not offer medical guidance. Many of the genetic findings we report have not been clinically authenticated, and the technology we use has not been widely used for clinical testing. The Services are not intended to be used by the user for any diagnostic purpose and are not an alternative for professional medical guidance. You should seek the counseling of your physician or other health care provider with any questions you may have regarding the general status of your health.

BioLev does not recommend, warranty, or guarantee the effectiveness of any resources that may be mentioned on our website. Suppose we provide recommendations on our website specifically pertaining to your Genetic Information and Self-Reported Information. In that case, this information is intended for informational purposes only and discussion with your physician or other healthcare providers. As explained on our website, BioLev believes that (a) genetics is only part of the picture of any individual’s state of well-being, (b) the understanding of Genetic Information is quickly developing, and we can only understand a portion of the picture of the role of genetics, and (c) only a physician or other health care provider can evaluate your current state of health or illness. Reliance on any information provided by BioLev, our employees, and/or others appearing on our website is solely at your own risk.

  1. User Representations

By utilizing BioLev Services, you understand and agree to the following:

  1. You understand that the BioLev Services are only for informational and educational purposes. You understand that information you obtain from BioLev is not intended to diagnose, prevent, or treat any condition or to determine the state of your health without medical and clinical data. You acknowledge that BioLev suggests you seek the guidance of your physician or other health care provider if you have questions or concerns regarding your Genetic Information.
  2. You give consent to BioLev, its contractors, successors, and assignees to perform genotyping services on the DNA extracted from your testing sample, and you specifically request BioLev to disclose the results of analyses performed on your DNA to you, our third-party partners, such as NutriShop, and others you expressly
  3. You represent that you are 18 years or older if you provide a testing sample or access your Genetic Information.
  4. You are guaranteeing that any sample you provide is your saliva. If you agree to these TOS on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person.
  5. You warrant that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
  6. You know that some of the information you receive may provoke a strong reaction.
  7. You take responsibility for all possible consequences of sharing access to your Genetic Information and/or Self-Reported Information.
  8. You understand that all your Personal Information will be stored in BioLev databases and processed in accordance with the BioLev Privacy Statement.
  9. Waiver of Property Rights: You understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that BioLev or its collaborators may develop. You expressly understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.

You agree that you have the authority to provide these representations in accordance with the laws of the state or jurisdiction in which you reside. Suppose a breach of any of these representations occurs. In that case, BioLev has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You will defend BioLev and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

  1. Account Creation, Customer Account, Password, and Security Obligations

Using our Services, you agree to (a) provide accurate, current, and complete Registration Information as prompted by the Service, and (b) promptly update the Registration Information to keep it accurate, current, and complete. If you provide any Registration Information that is inaccurate, not current, incomplete, or if BioLev has a reasonable ground to suspect that such information is not adequate, BioLev has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The Services are for use only in the state, city, or county; your sample collection kit was shipped from BioLev.

Suppose you allow third parties to access BioLev’s website through your account. In that case, you will defend BioLev and its affiliates against any liability, costs, or damages, including attorney fees, arising from claims or suits by third parties based upon or relating to such access and use. You are responsible for maintaining the confidentiality of your username and password during registration and are fully responsible for all activities under your BioLev account. You agree to (a) immediately notify BioLev of any unauthorized use of your password or account or any other security breach, and (b) ensure that you sign out from your account at the end of each session. BioLev will not be liable for any loss or damage arising from your failure to comply with this Section.

  1. BioLev Privacy Statement and Disclosure of Information

To use the Services, you are required to first acknowledge and agree to the Privacy Statement. You can agree to the Privacy Statement by (1) clicking to agree to the Privacy Statement, where this option is made available to you by BioLev for any Service, or by (2) using the Services.

Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the BioLev Services, website, or other systems. You agree that BioLev has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. BioLev will never release your personal Genetic Information and/or Self-Reported Information to any third party without your consent unless required by law.

Further, you agree that BioLev is allowed to disclose any Personal Information to law enforcement agencies or required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or obligations that BioLev may owe pursuant to ethical and other professional rules, laws, and regulations, (b) enforce the BioLev TOS, (c) respond to claims that any content violates the rights of third parties, or (d) protect the rights, property, or personal safety of BioLev, its employees, its users, its clients, and the public. We will notify you through the contact information you provided in advance unless doing so would violate the law or court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks and (b) changes to adapt to the technical requirements of connecting networks or devices. Finally, BioLev may disable access to the website for any reason.

Please refer to our Privacy Statement to read about personal data protection. See our complete Privacy Statement here.

  1. Limited License

You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which it originated. This means the user is entirely responsible for all User Content that is transmitted in any way via the Service.

You acknowledge that all Services content is protected by copyright and/or other intellectual property rights owned by BioLev and/or the sponsors who provide content to or from our third-party partners as provided by the Master Services Agreement. To the extent BioLev is the owner, BioLev permits you with a Limited License to copy and distribute at no cost, for non-commercial purposes, only any of the Services content, with the exception of any content marked as not subject to this Limited License on the website, provided that you: (I) present the Services content as it appears on the BioLev website with no modifications, including but not limited to misrepresenting the substance of the Services content, (ii) include the proper marking and designation on the first page of any materials you distribute that BioLev is the intellectual property rights owner, such as “© BioLev, LLC 2022. All rights reserved; distributed pursuant to a Limited License from BioLev”; and (iii) agree you have no right to offer anyone else any further right concerning this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been allowed to do so by BioLev or by the owners of that content, in a separate agreement.

  1. Customer Conduct – Prohibited Use

As a condition of your use of the Services, you declare to BioLev that you will not use the Services for any unlawful or prohibited purpose by these terms, conditions, or notices. You may not use the Services in any manner that could negatively impact the Services or interfere with any other user’s interaction with the Services. You may not attempt to acquire any materials or information through the Services if not intentionally made available. You may not use the Services outside of the country where your sample collection kit was shipped from. Moreover, you agree not to utilize the Services to: (1) transmit any material in any delivery method that might reasonably be construed as harassment based on race, color, national origin, gender, sexual orientation, age, disability, religious or political beliefs, or other protected status; (2) impersonate or misrepresent you affiliation with any person or entity ; (3) manipulate identifiers, like headers, in order to disguise the origin of any content transmitted through the Service; (4) “stalk” or otherwise harass others; (5) transmit any content via any channel that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) use any data received through the Services to attempt to identify other users, or for any forensic use; (7) download any file posted by another user of the Service that you know, or reasonably should know, that cannot legally be distributed in such manner; (8) transmit any content via any delivery method that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of BioLev or any other party; (9) harm minors in any way; (10) offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) transmit any unauthorized advertising, promotional materials, or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) transmit any material via any delivery method that contains software viruses or any other computer code designed to negatively impact; (13) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by BioLev; (14) engage in “framing,” “mirroring,” or otherwise mimicking the appearance or function of BioLev’s website; (15) override any security component of BioLev web services; (16) interfere with the Service or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (17) violate these TOS, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with BioLev; or (18) intentionally or unintentionally violate any applicable local, state, national, or international law.

You agree that you are solely responsible for any discrepancy in your obligations under the TOS and the consequences of any such breach. If you infringe on any of these agreements, BioLev has the right to suspend or terminate your account and refuse any and all current or future use of the Services.

If you violate the terms of this Section and/or BioLev has reason to believe that you have violated the terms of this Section, BioLev has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

  1. Export Control and Applicable Laws and Regulations

You agree to comply with all local rules regarding online conduct and appropriate content. Expressly, you agree 1) that providing your sample is not subject to any restriction in the State, city, or county in which you reside, 2) that your sample and data may be transferred and/or processed outside the state, city, or county which you reside, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States from which you access any Service online.

  1. Material Offered to BioLev – Your Proprietary Rights

User Content. BioLev does not claim ownership of the User Content you provide to BioLev. Unless otherwise specified, you retain copyright and any other rights you possess over User Content that you provide through the Services. However, by providing User Content, you give BioLev, its affiliated companies, sublicensees, and successors a license to utilize any User Content through the Services. You acknowledge and agree that this license includes a right for BioLev to make this User Content available to other companies, organizations, or individuals with whom BioLev has relationships to the extent permitted by this TOS and the Privacy Statement. You understand that by BioLev providing the Services to users, they may(a) present User Content over various public networks and media; and (b) make adjustments to your content as necessary to adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license allows BioLev to take these actions. You represent to BioLev that you have all the rights and authority necessary to grant the above license.

Genetic and/or Self-Reported Information. Disclosure of individual-level Genetic Information and/or Self-Reported Information to third parties will not occur without explicit consent. BioLev cannot control any further dispersal of Genetic and/or Self-Reported Information that you share publicly on the BioLev website. You agree that you are responsible for protecting and enforcing your rights and that BioLev has no obligation to do so on your behalf.

Your testing sample cannot be returned to you or reversed after submission. Visit our website for more information on sample processing. Any Genetic Information from your testing remains your information, subject to rights we maintain as described in these TOS. You understand that you should not expect any financial benefit from BioLev due to having your Genetic Information processed or, as provided in our Privacy Statement and these TOS, shared with or included in Aggregated Genetic and Self-Reported Information shared with any collaborator.

Waiver of Property Rights. As stated above, you understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you possess no rights in any research or commercial products that BioLev or its collaborating partners may develop. You expressly understand that you will not receive compensation pertaining to your Genetic Information or Self-Reported Information.

  1. Indemnity

You agree to defend and hold BioLev, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, and successors from any claim. This includes reasonable attorneys’ fees made by any third party due to User Content you transmit through the Service, your utilization of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights. Suppose you have submitted a testing sample or provided your Genetic Information. In that case, you will defend BioLev, its employees, contractors, successors, and assigns from any liability resulting from the use or disclosure of any information obtained from genotyping your testing sample and/or evaluating your Genetic Information or results from any third-party add-ons to tools we offer. In addition, if you provide your Genetic and/or Self-Reported Information to third parties, you agree to defend BioLev, its employees, contractors, successors, and assigns from any and all liability resulting from the disclosure or use of your Genetic and/or Self-Reported Information.

  1. No Resale of Service

Other than the terms of the Limited License in Section 9 of this TOS or unless otherwise agreed upon in a separate agreement between you and BioLev or as contemplated or permitted by a Master Services Agreement, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.

  1. General Practices of Use and Storage

You recognize that BioLev may create general practices concerning the use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be stored by the Service or the maximum disk space on BioLev’s servers for your information; you agree that BioLev has no responsibility of the failure to store any communications or content transmitted by the Services or for the loss of Genetic Information due to malfunction, destruction of data servers, or other catastrophic events. You further recognize that BioLev reserves the right to change these general practices and limits at its sole discretion.

  1. Modifications to Service

BioLev reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in an interruption in calculations for some features or Services, and (ii) BioLev shall not be for any modification, suspension, or discontinuance of the Services.

The Software that you use may automatically install updates from BioLev. These updates are intended to improve the Services and may contain bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive updates as part of your use of the Services.

You recognize that BioLev may provide additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to these features without a fee. You will need to pay additional fees to have your Genetic Information collected, processed, and/or interpreted using any future technologies or features.

  1. Termination

The TOS will continue to apply until terminated by either you or BioLev, as described in this Section.

If you wish to terminate your legal agreement with BioLev, you may cancel your BioLev account by emailing Support@BioLev.com. Once you submit your cancellation request, we will send an email to the email address linked to your BioLev account requesting for you to confirm. Upon receiving your confirmation, we will process your request to erase your data, and you will no longer be able to access your account. BioLev may, at any time, terminate its legal agreement with you) if: (1) you have violated any provision of the TOS; (2) BioLev is required to do so by law; (3) the partner with whom BioLev offered the Services to you has terminated its relationship with BioLev or ceased to offer the Services to you; (4) BioLev is transitioning to no longer providing the Services to users in the state, city or county in which you reside or from which you use the Services; or (5) the provision of the Services to you by BioLev is, in BioLev’s opinion, no longer commercially feasible. You agree that BioLev shall not be liable to you or any third party for any termination of your access to the Services. Any suspected fraudulent or illegal activity that may result in termination of your use of the Services may be referred to appropriate law enforcement authorities.

  1. Survival of Terms

When the TOS ends, all of the legal rights, obligations, and liabilities that you and BioLev have benefited from, been subject to, or expressed to last indefinitely, shall be unaltered by this termination and the provisions of Sections 1. (Definitions); 2. (Acceptance of Terms); 3. (Prerequisites); 4 . (Description of the Services); 5. (Risks and Considerations of BioLev Services); 6.(User Representations); 7. (Account Creation, Customer Account, Password, and Security Obligations); 8. (BioLev Privacy Statement and Disclosure of Information); 10 . (Customer Conduct – Prohibited Use); 1 1. (Export Control and Applicable Laws and Regulations); 12.(Material Posted through the Service); 13. (Material Provided to BioLev – Your Proprietary Rights); 14.(Indemnity); 15. (No Resale of Services); 18. (Termination); 19 .(Survival of Terms); 20. (Dealings with Information Providers and Listed Resources); 21.(Hyperlinks and BioLev Website); 22.(BioLev Proprietary Rights); 23. (DISCLAIMER OF WARRANTIES); 24. (LIMITATION OF LIABILITY); 25. (Notice); 26. (Violation or Suspected Violation of Terms of Service); 27. (Dispute Resolution); and 28. (Miscellaneous) shall continue to apply to such rights, obligations, and liabilities perpetually.

  1. Dealings with Information Providers and Listed Resources

Your communication or participation in promotions of information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, are solely between you and the information provider or resource. You agree that BioLev shall not be responsible for any loss or damage suffered as the result of any such dealings or due to the presence of such information provider or resources on the Service.

  1. Hyperlinks and the BioLev Website

The Service and third parties may provide links to other sites and resources on the Internet. Since BioLev has no control over these sites and resources, you agree that BioLev is not responsible for the availability of these external sites or resources and is not responsible for any content available from these resources. You further agree that BioLev shall not be liable for any damage or loss caused or alleged to be caused by any content, goods, or services available on or through any hyperlinked site or resource.

  1. BioLev’s Proprietary Rights

You agree that BioLev (or BioLev’s licensors, as applicable) own all legal rights, titles, and interests in the Services, including any intellectual property rights. You further acknowledge that the Services may maintain information deemed confidential by BioLev and that you are not permitted to disclose this information without BioLev’s prior written consent.

You agree that information presented through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You further agree that the Services and any necessary software used with the Services (“Software”) contain proprietary and confidential information protected by applicable intellectual property and other laws. Software made available for downloading from the Services is the copyrighted property of BioLev and/or its suppliers. Unless authorized by BioLev, you agree not to modify, rent, lease, loan, sell, distribute, or otherwise attempt to obtain the source code of the Services or Software or permit anyone else to do so. Your use of the Software is managed by the terms of the end user license agreement, which accompanies the Software (“License Agreement”). You may not install or use any software accompanied by a License Agreement unless you agree to the License Agreement terms.

Any BioLev-related logos are trademarks of BioLev. These marks, together with any other BioLev trade names, service marks, logos, domain names, and other distinctive brand features, are the “BioLev Marks.” Unless otherwise agreed in writing with BioLev, except through the Limited License in Section 9, the TOS doesn’t give you any right to use any BioLev Marks, and you agree not to use in any manner, BioLev Marks. You agree that you shall not remove or modify any proprietary rights notices (including copyright and trademark notices) that may be contained within the Services. Unless you have been explicitly authorized in writing by BioLev, you agree that in using the Services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that confuses the authorized user of such marks, names, or logos. For any Software not supplemented by a License Agreement, BioLev grants you a personal exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted by BioLev in writing or required by law, This license is for the exclusive purpose of allowing you to use and enjoy the benefit of the Services, in the manner permitted by the TOS. Unless BioLev has given you written permission, you may not assign or sublicense your rights to use the Software. You comply not to modify the Software in any way or to use modified versions of the Software, including but not limited to gaining unauthorized access to the Service. You agree not to access the Service by any means other than through the access provided by BioLev. Any rights not explicitly permitted herein are reserved.

  1. Disclaimer of Warranties

YOU AGREE THAT: (1) YOUR USE OF THE SERVICES IS TAKEN AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS. BIOLEV EXPLICITLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE INFERRED WARRANTIES OF MERCHANTABILITY, CAPABILITY FOR A SPECIFIC PURPOSE, AND NON-INFRINGEMENT. (2) BIOLEV PROVIDES NO GUARANTEE THAT (a) THE SERVICES WILL MEET YOUR DESIRES; (b) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR PROOF (c) THE RESULTS ATTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY MATERIAL ACQUIRED THROUGH THE SERVICES WILL MATCH OR EXCEED YOUR EXPECTATIONS AND (e) ANY INACCURACIES IN THE SOFTWARE WILL BE AMENDED. (3) ANY MATERIAL ACQUIRED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND YOU WILL BE EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIOLEV SERVICES SHALL ESTABLISH ANY WARRANTY NOT PREVIOUSLY STATED IN THE TOS. (5) USE CAUTION WHEN DISTRIBUTING ANY PERSONAL IDENTIFYING INFORMATION OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. BIOLEV DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, PURPOSELY DISCLAIMS ANY RESPONSIBILITY FOR THOSE ACTIONS.

  1. Limitation of Liability

WITHIN THE LIMITS PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT BIOLEV SHALL NOT BE RESPONSIBLE FOR ANY TYPE OF DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES. EVEN IF BIOLEV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (a) THE CAPABILITY OF USING THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF ATTAINMENT OF ALTERNATE GOODS AND SERVICES RESULTING FROM TRANSACTIONS FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR DATA; (f) THE INADEQUATE AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING AUTHORITY; or (g) CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

  1. Notice

Notices to you may be made via email or regular mail. BioLev may also provide notices of changes to the TOS or other matters by displaying notices through the Services.

Official notices related to this TOS must be sent to us at:

BioLev, LLC
ATTN: Notices
501 Union Street
STE 600D
Nashville, Tennessee 37219

Furthermore, BioLev accepts service of process at this address. Any notices you provide without compliance with this section on Notices shall have no legal validity.

  1. Changes to the Terms of Service

BioLev may make modifications to the TOS at any time. When these adjustments are made, BioLev will establish the updated version of the TOS on its website, and any new additional terms will be made available through the Services. The modified TOS will be applicable on or after the posted date. Let’s make a material modification to the TOS. We will provide notice 30 days before the effective date of the change by posting information on our website or sending an email communication. Unless you notify us within 30 days from the time you receive notice that you do not agree to the terms, you will be considered in agreement with the new TOS. If any modification to the TOS is objectionable, you may cease using our Services and delete your account at any time. You agree that if you use the Services after the modification date, BioLev will treat your use as approval of the updated TOS.

  1. Violation of Terms of Service

If you violate the terms of these TOS and/or BioLev has a reasonable cause, BioLev has the right to suspend or terminate your account and refuse any current or future use of the Services.

  1. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT IMPACTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

  1. We are available by email at support@BioLev.com to address your concerns regarding the Service. Most concerns may be swiftly resolved through this method. You concur to use your best efforts to settle any dispute, claim, or question directly through consultation and good faith negotiation. This is a prerequisite to introducing a lawsuit or arbitration.
  2. Agreement to Binding Arbitration. If we do not reach an agreed solution within 30 days from the time informal dispute resolution is pursued in accordance with Section 28(1) above, then either party may begin binding arbitration. Except for any disputes excluded below in Section 28(4), all claims connecting to these TOS (including their creation, performance, and breach), the parties’ relationship, and/or your use of the Services shall be settled by binding arbitration confidentially controlled by JAMS. This shall be in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any guidelines permitting class actions. Each party will have the right to seek legal counsel for arbitration at their own expense. The parties shall choose an unbiased arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state, or local authority, shall possess the sole authority to resolve all disputes relating to these TOS, including, but not limited to, any claim that disputes this TOS as void. The arbitrator can grant the same relief in a court under law or equity. The arbitrator’s award shall be in writing and provide a statement of the fundamental findings and conclusions. This statement shall be binding and may be submitted as a judgment in any court of competent jurisdiction. The explanation and implementation of these TOS shall be subject to the Federal Arbitration Act. The JAMS policies governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration to the extent that the filing fee for the arbitration exceeds $250, and the claim is deemed viable, we will absorb the additional costs. If this occurs, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration. We will make arrangements to pay all additional fees directly to JAMS. We will also be liable for paying all other arbitration fees relating to the arbitration – other than costs incurred by your legal counsel, travel, and out-of-pocket expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees gained by us if you fail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that despite this mandatory provision, you would have the right to sue and have a jury trial. You further understand that the right to discovery may be more restricted in arbitration than in court.
  3. Class Action and Class Arbitration Waiver. Both parties further agree that arbitration shall be conducted in our respective individual capacities only and not as a class action. We both waive our rights to file a class action or seek relief. Suppose any court or arbitrator determines that the class action waiver in this paragraph is void or unenforceable for any reason or that arbitration can progress on a class basis. In that case, the arbitration provision described above in Section 28(2) shall be judged as null and void, and the parties shall be deemed to have not agreed to arbitrate disputes.
  4. Despite the parties’ agreement to address all disputes through arbitration, either party may seek relief (i) in a small claims court for disputes within the scope of that court’s jurisdiction and (ii) any disputes regarding intellectual property rights, obligations, or any infringement claims.
  5. 30-Day Right to Opt-Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions outlined in Sections 28(2) and 28(3) by emailing your written decision to opt out to arbitrationoptout@BioLev.com. The notice must be sent within 30 days of your first use of the Service or the effective date of the first set of TOS containing an Arbitration and Class Action and Class Arbitration Waiver section. Otherwise, you shall be bound to arbitrate disputes corresponding to those sections’ terms. We will also not be bound if you opt out of these arbitration provisions.
  6. Term for Cause of Action. You agree that regardless of any statute or law, any claim or cause of action relating to the use of the Services or the TOS must be filed within one year after such claim or cause of action occurred, or it will be deemed void.
  7. Exclusive Venue for Litigation. To the extent that the arbitration provisions outlined in Section 28(2) do not apply or if you have opted out of arbitration, you concur that any lawsuit shall be filed exclusively in state or federal courts in Davidson County, Tennessee. Exceptions are made for small claims court actions, which may be brought into the county where you reside. Both parties consent to exclusive jurisdiction in Davidson County, Tennessee for any litigation other than small claims court actions. In the event of litigation regarding these TOS or the Service, you agree to waive any right to a jury trial, except if a jury trial waiver is not acceptable under applicable law.
  1. Miscellaneous
  1. Entire Agreement. The TOS establishes the whole agreement between you and BioLev and governs your use of the Services, overriding any previous related agreements between you and BioLev. You may also be subject to additional terms and conditions when you use affiliate services or third-party content.
  2. If any provision of the TOS is found by a court of jurisdiction to be void, both parties agree that the court should give effect to the parties’ objectives as reflected in the provision. The failure of BioLev to exercise any right or provision of the TOS shall not result in a waiver of such right or provision.
  3. Admissibility of the printed version. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on this agreement to the same extent and conditions as other business documents initially produced in printed form.
  4. Section titles. The section titles in the TOS are for convenience purposes only and have no legal or contractual meaning.
  5. Severability Clause. If any portion of these TOS is deemed unenforceable, the remaining amount will still stand in full effect.
  6. Assignment: You may not delegate any rights or obligations under the Agreement. Any unsupported assignment and delegation shall be considered ineffective. We may freely assign or delegate all rights and responsibilities under the Agreement without prior notice. By way of unilateral novation, we may also substitute effective upon notice to you, BioLev, for any third party that assumes our rights and obligations under this Agreement.