TERMS & CONDITIONS


INTRODUCTION

Welcome to BioSoothe Pro. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy.

This agreement is in effect as of January 1, 2019.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. Please look at the bottom of this page for the last updated date.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.


Wherein, you understand that: In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.


You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.


Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by user of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; Contains any type of unauthorized or unsolicited advertising; Impersonates any person or entity, including any BioSoothe Pro employees or representatives. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of This website, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy. You agree to indemnify and hold harmless This website and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us. PRIVACY Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that: the use of our Resources will meet your needs or requirements. the use of our Resources will be uninterrupted, timely, secure or free from errors. the information obtained by using our Resources will be accurate or reliable, and any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that: any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. no information or advice, whether expressed, implied, oral or written, obtained by you from This website or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. This website will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. While This website strives to keep product orders consistent in ingredients and appearance, we do not guarantee our ability to do so, due to the potential need to pull products for the same order from different lot numbers, and other factors beyond our control.

Copyrights/Trademarks

All content and materials available on BioSoothe Pro, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of This website, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by This website.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Shipping & Returns (not applicable to resellers or distributors)

Orders are typically shipped out within 1 business day and received within 3-5 business days anywhere in the continental USA. Orders not within the continental USA will take longer. If you have any questions regarding your order status, you can call us at 855-375-0271 or email [email protected]oothepro.com.

Guarantee (not applicable to resellers or distributors)

Order Now With Confidence With Our 100% Money Back Guarantee. Try out the BioSoothe Pro System for a full 180 days and if you don’t see the results you are looking for or you are not 100% happy, we’ll gladly refund all your money, no questions asked. There’s absolutely no risk in giving it a try. If for any reason you're dissatisfied at any time during the first 180 days after purchase, simply call or email our US based customer service team and you'll get 100% of your money back. You are not required to ship the product back and may keep your order.


UNLESS OTHERWISE EXPRESSED, This website EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


Resellers/Distributors Inquire for BioSoothe Pro Reseller/Distribution Program opportunities.

Unsolicited Commercial E-mail Policy (Anti-Spam Policy)

Internet user privacy is of paramount importance to BioSoothe Pro and our customers. We support the protection of client and consumers’ privacy rights as a fundamental element of our business. Since personal privacy integrity is at the very core of our business, our success depends on our ability to maintain the trust of the people viewing our products. To this end, we have two overriding policies:


A. Message Recipient Policy Before clients can receive BioSoothe Pro's messages, advertising or promotions, client must have agreed to receive such messages. Any recipient may request at any time to be removed from our list, and we will comply with that request. In addition, we will thoroughly investigate any allegations made by recipients relating to unsolicited messages.


B. Policy against advertising our website using unsolicited email messages We require that all e-mails promoting BioSoothe Pro or its products are sent only to clients who have agreed to receive such messages. We prohibit any advertising of our brand and Web site using unsolicited email messages. Not complying with this policy will cause partnership termination and/or affiliate account termination. If you feel you’ve been sent unsolicited emails promoting our brand or website and would like to register a complaint, please email our abuse department ([email protected]). We will immediately investigate all allegations made related to unsolicited messages.


C. You can unsubscribe at any time. We require that each e-mail message sent out from BioSoothe Pro includes an easy way for subscribers to remove themselves via an unsubscribe link. If you receive a newsletter or email and decide you don’t like it, simply click the unsubscribe link at the bottom of the email. If you feel you’ve been sent unsolicited email and would like to register a complaint, please email our abuse department ([email protected]).


D. Definition of Spam Spam is unsolicited email sent in bulk. Any promotion, information or solicitation that is sent to a person via e-mail without their prior consent, where there is no pre-existing relationship between the sender and the recipient, is spam.


E. Examples of Spam Any e-mail message that is sent to a recipient who had previously signed up to receive newsletters, product information or any other type of bulk email but later opted-out by indicating to the sender that they did not want to receive additional email, then that email is spam. Any e-mail message that is sent to recipients that have had no prior association with the organization or did not agree to be e-mailed by the organization is spam. Any e-mail message that is sent to a recipient without a way for a person to opt-out or request that future mailings not be sent to them, is spam. Any email message that does not have a valid email address in the From Line is spam. Any email message that contains any false or misleading information in the header, subject line or message itself is spam. Any email message that promotes an adult web site is spam, unless the recipient has specifically requested information from that web site. Any message that is sent to e-mail addresses that have been harvested off of web sites, newsgroups, or other areas of the Internet is spam.


By purchasing a product from this website, you understand that you are:

DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.


THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.


All disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof, the Privacy Policy, the Shipping & Returns Policy, our relationship, or your use or attempted use of the Website or any product or service, shall be submitted to and finally resolved by individual, confidential arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. The following terms shall apply. You, BioSoothe Pro, or any involved third party may pursue a claim. BioSoothe Pro agrees to final and binding confidential arbitration should it have any claims against you. Likewise, you agree to final and binding confidential arbitration should you have any claims against BioSoothe Pro. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.


The arbitrator shall follow the substantive law of the State of New York without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.


You and BioSoothe Pro agree to commence any arbitration proceeding within 1 year after the claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.


This policy was last modified on January 1, 2019.


Contact Information If you have any questions or comments about these our Terms of Service as outlined above, you can contact us via the contact us page.