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Terms and Conditions of Use

Last updated October 31, 2019

By accessing or using any of the Internet properties of BioTE® Medical, LLC, its parents, affiliates and related entities (collectively, “BioTE® Medical”, “us”, “we”, or “our”) including, without limitation, the www.biotemedical.com website, and other BioTE® Medical owned or controlled websites and their associated mobile sites and BioTE® Medical’s mobile apps (collectively, our “Sites”), you agree to be bound by these Terms and Conditions of Use (the “Terms” or “Terms and Conditions”).  Please read these Terms carefully before using the Sites.  Your access to and use of the Sites is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Sites.  If you disagree with any part of the Terms, then you do not have permission to access the Sites.

Intellectual Property Rights

All copyright, trademarks, design rights, patents, and other intellectual property rights (registered and unregistered) in and on the Sites belong to BioTE® Medical.  The Sites are protected by copyright, trademark, and other laws of both the United States and foreign countries.  Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BioTE® Medical.  Nothing in these Terms grants you a right or license to use any trademark, design right, or copyright owned or controlled by BioTE® Medical. 

Links to Other Web Sites

Our Sites may contain links to third-party web sites or services that are not owned or controlled by us.  BioTE® Medical has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that BioTE® Medical shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.  We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your access to the Sites immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms.  All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless BioTE® Medical and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorneys’ fees), resulting from or arising out of a) your use and access of the Sites, or b) a breach of these Terms.

Limitation of Liability

In no event shall BioTE® Medical, nor its directors, employees, partners, agents, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Sites; (ii) any conduct or content of any third party on the Sites; (iii) any content obtained from the Sites; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Sites is at your sole risk. The Sites are provided on an “AS IS” and “AS AVAILABLE” basis. The Sites are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

BioTE® Medical does not warrant that a) the Sites will function uninterrupted, secure or be available at any particular time or location; b) any errors or defects will be corrected; c) the Sites are free of viruses or other harmful components; or d) the results of using the Sites will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms and all matters regarding your use of the Sites shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Privacy Policy

For information about BioTE® Medical’s data protection practices and use and protection of your personal information, please read BioTE® Medical’s Privacy Policy which is incorporated into and made a part of these Terms.

Waiver; Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Entire Agreement

BioTE® Medical’s Privacy Policy, as well as other terms and conditions applicable to certain portions of the Sites (collectively, “Additional Terms and Conditions”) are incorporated herein by reference.  These Terms, together with any revisions, and any Additional Terms and Conditions incorporated by reference, constitute the entire agreement between you and BioTE® Medical relating to the Sites and your use of the Sites, and supersedes and replaces any prior agreements, whether written or verbal, regarding use of the Sites.

Changes

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined in our sole discretion.

By continuing to access or use our Sites after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Sites.

Contact Us

If you have any questions or concerns regarding these Terms and Conditions or the Sites, please contact us. 

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Disclaimer: These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.

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