Bocaliner Terms of Service
Effective Date: October 3, 2019
Thank you for visiting the BocaLiner website, brought to you by E2Bio Life Sciences, LLC (“BocaLiner,” “us,” or “we”). These Terms of Service (“Terms”) govern your use of Bocaliner, including any use of the services and products available via the Bocaliner website, as well as on any website that links to these Terms regardless of the manner in which such website is accessed.
Please read these Terms carefully. These Terms represent a binding contract between you and us, and by creating an account or otherwise accessing or using Bocaliner, you expressly agree to be bound by them. These Terms affect your rights and designate the governing law and forum for the resolution of any and all disputes. If you do not agree to be bound by these Terms, you may not use Bocaliner.
Bocaliner is a premier product that is designed to help manage the symptoms and treatment of oral mucositis. You are free to research our products and peruse our website and the information provided herein at any time, but to purchase any Bocaliner product(s) via our website you will need to create an account[NPB1] . When you create an account, we require you to provide information about yourself, including your email address and a password (“Account Information”).
You agree that your Account Information will be accurate, current, and in a form sufficient to allow us to contact you from time to time. You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters. You may choose to opt out of much of this email correspondence through your account settings or by using the links at the bottom of our emails. Please note that even if you opt out, we will still send you account-related emails as applicable, such as purchase confirmation and password reset emails.
Bocaliner is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store any Bocaliner Content (as that term is defined below) in any form outside of the Bocaliner platform, or as otherwise provided to you directly by Bocaliner. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Bocaliner content. You agree that all data, knowledge, processes, and the like which are used in connection with providing Bocaliner and any of the Bocaliner products to you are “trade secrets” as defined, without limitation, in the Illinois Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights. All intellectual property rights in Bocaliner are, as between you and us, the sole and exclusive property of Bocaliner. As used herein, Bocaliner “Content” includes but is not limited to, all information, images, video clips, files, software, technical and scientific information, specifications, catalogs, trademarks, service marks, trade dress, and other content or materials on the website.
Some Bocaliner features either now or in the future may allow you to post, submit content or materials for publication, or otherwise communicate with us or with other users on Bocaliner (“Your Content”). You represent and warrant that you own or otherwise have the necessary license(s) for the use of Your Content, including all rights necessary for you to post or otherwise transmit Your Content to Bocaliner. You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Bocaliner or the specific features and/or products you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.
We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you. For purposes of clarity, you hereby assign all intellectual property rights to us in any feedback, comments, or suggestions, you provide to us.
Your Use of Bocaliner
We are providing you with access to Bocaliner pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. You can access and use Bocaliner for personal, non-commercial use only, and otherwise subject to these Terms. This license is available to you as long as you are not barred from Bocaliner by applicable law and your account is not terminated by us or by you. If these Terms are not enforceable where you are located, you may not use BocaLiner. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
Canceling Your Account
While we hope you find the Bocaliner website beneficial and are satisfied with our products, you may cancel your account at any time by contacting us at [email protected].
Restrictions and Prohibited Uses
Bocaliner is used by many people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our products and services. Except with our written permission, you may not:
- Attempt to impersonate another person or use another person’s Bocaliner account information without authorization;
- Use or distribute Bocaliner or any of our products for your own scientific or clinical research purposes;
- Violate or attempt to violate any of Bocaliner’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of any of the Bocaliner systems and networks;
- Redistribute, decompile, reverse engineer, publish, or copy Bocaliner;
- Use Bocaliner or any of our individual products for the purpose of creating a product with a substantially similar look, feel, design, or effect;
- Access or search BocaLiner by any means other than our publicly supported interfaces (for example, “scraping”);
- Interfere with others’ use and enjoyment of Bocaliner;
- Use Bocaliner, Bocaliner Naturals, or any trademarks, trade names, service marks, copyrights, or logos of Bocaliner, in your own unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
- Violate any third party’s rights, including intellectual property or privacy rights;
- Threaten, stalk, harm, or harass others; or engage in activity that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
Engaging in prohibited uses is grounds for immediate termination of your BocaLiner account and may also subject you to civil or criminal penalties.
No Medical Advice
Bocaliner is intended to assist in the management of oral mucositis. Bocaliner does not offer medical advice of any kind, and nothing contained herein is intended to be a substitute for professional medical advice, diagnosis, or treatment. You should not construe it as such. You should always seek the advice of your own physician or another qualified healthcare provider with any questions you have about a medical condition.
YOU AGREE THAT USE OF BOCAlINER IS AT YOUR OWN SOLE RISK AND THAT BOCAlINER IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOCAlINER AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING BOCAlINER AND ANY OF THE BOCAlINER PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
WE STRIVE TO MAINTAIN BOCAlINER ON A COMMERCIALLY REASONABLE BASIS BUT CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO BOCAlINER AT ALL TIMES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BOCAlINER OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE HEREUNDER FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO BOCAlINER, IF ANY; (II) ANY FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF BOCAlINER; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU UNDERSTAND THAT BOCAlINER WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
We comply with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you have any complaints with respect to material posted on Bocaliner, you may contact our designated agent at the following address:
E2Bio Life Sciences, LLC
ATTN: DMCA Complaint
2906 Central Street, Suite 161
Evanston, IL 60201
You must include the following information in your complaint:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Bocaliner website;
- your mailing address, telephone number, and if available, email address;
- a statement by you that you have a good faith belief that the use of the material on Bocaliner is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
You will indemnify and hold us, our affiliates, officers and/or employees harmless, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Bocaliner, Your Content, or the violation of these Terms by you.
Agreement to Arbitrate and Waiver of Class Action Claims
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us in writing at E2Bio Life Sciences, LLC, ATTN: DISPUTE NOTICE, 2906 Central Street, Suite 161, Evanston, IL 60201, or by email to [email protected]. Before we file a claim against you, we agree to contact you at the email address associated with your BocaLiner account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
A. GENERAL. YOU AGREE THAT YOU AND BOCAlINER WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO BOCAlINER OR YOUR USE THEREOF, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
B. ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 150 N Michigan Ave #3050, Chicago, IL 60601 or http://adr.org.
C. LOCATION OF ARBITRATION. If your claim is for $7,500 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Chicago, IL, or any other location you and we mutually agree to.
D. EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights without first engaging in arbitration or the informal dispute resolution described in this Section.
E. CLASS ACTION WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
F. NO RIGHT TO JURY TRIAL. YOU AND WE ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
G. 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: Bocaliner, LLC, ATTN: Arbitration Opt-out, 2906 Central Street, Suite 161, Evanston, IL 60201, or by email to [email protected]. For new users, the notice must be sent within 30 days of registering for Bocaliner, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, we also will not be bound.
(a) Severability and Waiver. If any part of these Terms is held invalid or unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in these Terms is not a waiver of its right to do so later.
(b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by Illinois law without regard to conflict of law provisions. Except as provided above, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in Cook County, Illinois as the legal forum for any dispute between them.
(c) Third Party Links. Bocaliner may provide links to third-party websites or services as necessary to effectuate the services. We provide these links as a convenience and these third-party websites or services are not under our control. Any use of such third-party websites or services is at your own risk
(d) Product Availability. We strive to maintain all of our products in-stock but cannot guarantee the same. Depending on your geographic location and other factors, certain products may be unavailable or delayed in shipping.
(e) Change Policy. These Terms may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on Bocaliner or by posting updated Terms here at least 30 days in advance of the effective date of the updated Terms. Please note that unless otherwise provided by applicable law, your continued use of BocaLiner following the effective date means that you agree with, and consent to be bound by, the updated Terms.