Terms & Conditions



Welcome to the www.gediabetes.com website! We appreciate your interest in our products.

 

Agreement

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.  THEY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS GOVERNING YOUR USE. THESE TERMS AND CONDITIONS APPLY TO ALL PERSONS WHO VISIT THIS SITE. YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS BY USING THIS SITE.  DO NOT USE THIS SITE IF YOU DO NOT AGREE.

 

The Site

 

This web site is operated by BIONIME USA, Inc., San Diego, California, USA. BIONIME is a licensee of GE Trademark Licensing, Inc., a subsidiary of the General Electric Company (“GE”).  The site is intended only for personal, non-commercial use by persons age 18 or over.  BIONIME may refuse or limit any person’s use of this site at any time for any or no reason and may do so without notice and without waiving any of its other rights. BIONIME may modify, suspend discontinue or permanently cancel operation of the site at any time without notice. BIONIME may also modify these terms and conditions of use at any time without notice. It is your responsibility to monitor any changes to this site and your use of the site after such changes constitutes your agreement to be bound and comply with any modified terms and conditions.

 

Information on this Site

 

While we endeavor to present accurate product and other information on this site, errors or omissions may occur.  BIONIME does not assume any legal responsibility or liability for any information on the site that is not accurate, complete or current. BIONIME has no obligation to update or clarify any information on the site. The material on this site is provided for general informational purposes, any reliance on the material from this site is at your own risk.

 

Availability of Products

 

All product information applies only to products which may be available in the United States. The presentation of product information on this site does not constitute an offer to sell.  Products are subject to government regulatory approval and restrictions.  Products are subject to change or discontinuation without notice.

 

Using Materials from the Site

 

All content on this site (including, but not limited to, text, data, information, graphics, logos, icons, images, audio or video, photographs, illustrations, downloads, interfaces, code and software, as well as the design and selection and arrangement thereof), is the exclusive property of  BIONIME, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access and print the material contained on the site only for your own personal and non-commercial use.  You must keep intact all copyright, trademark or other proprietary notices that appear on the material. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to BIONIME or its licensors, is expressly prohibited. BIONIME, or its licensors or content providers, retain full and complete title and ownership of the material on the site, including all associated intellectual property rights.  Your use is at-will and is revocable at any time in BIONIME’s sole discretion. BIONIME neither warrants nor represents that your use of materials on this site will not infringe the rights of third parties.

 

You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to alter, damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to disrupt or attempt to disrupt the operation of the site in any way.

 

Submissions made to the Site or to BIONIME

 

You acknowledge that you are responsible for any material you may submit via the site, or otherwise to BIONIME including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

 

Unless specifically requested in writing by BIONIME, you should not submit any creative or original concepts, ideas, know-how, materials products or confidential or proprietary information.  All submissions to BIONIME, of any sort whatsoever, shall become and remain the sole property of BIONIME and you assign to BIONIME all right, title and interest therein.

 

You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify BIONIME for all claims resulting from content you supply.

 

User Conduct on the Site

 

Some features on this site may require registration. By registering at and in consideration of your use of the site you agree to provide true, accurate, current and complete information about yourself.

 

Some features on this site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify BIONIME immediately. BIONIME may assume that any communications BIONIME receives under your password have been made by you unless BIONIME receives written notice otherwise.

 

You or third parties acting on your behalf are not allowed to frame this site or use our proprietary marks as Meta tags, without our written consent. These marks include, but are not limited to, BIONIME, BIONIME logo, GENERAL ELECTRIC, and GE. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without BIONIME’s express written consent. Further, you may not utilize any site content in any Meta tags or any other “hidden text” techniques or technologies without BIONIME’s express written consent.

 

Links to other Sites

 

This site may contain links to other web sites, some of which may be operated by BIONIME, its licensors, its affiliates, or by third parties. These links are provided as a convenience to you for informational purposes. BIONIME is not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites is not an endorsement of the content of linked sites and BIONIME makes no representations or warranties concerning the same. Different terms and conditions may apply to your use of any linked sites. BIONIME is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

 

Trademarks and Copyrights

 

Trademarks, logos and service marks displayed on this site are registered and/or unregistered trademarks of BIONIME, GE, BIONIME’s licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission. BIONIME reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

 

Infringement Notification

 

We respect the intellectual property rights of others and we ask you to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on this site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the following information:

 

a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on this site;

your address, telephone number, and e-mail address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

Bionime USA Corporation
10865 Rancho Bernardo Road Suite #100
San Diego, CA 92127

 

DISCLAIMERS

 

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. BIONIME AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIONIME OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. BIONIME AND ITS LICENSORS DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

 

LIMITATION OF LIABILITY

 

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BIONIME NOR ITS AFFILIATES, SUPPLIERS, LICENSORS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, SUCH AS REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BIONIME, ITS AFFILIATES, LICENSORS, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER BIONIME NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH BIONIME IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND BIONIME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Indemnification

 

You agree to indemnify, defend and hold harmless BIONIME, GE and their respective affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms and Conditions of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. BIONIME reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with BIONIME in the defense of such matter.

 

Applicable Law and Venue

 

The laws of the State of California, United States of America govern these Terms and Conditions of Use and your use of the site, and you irrevocably consent to the jurisdiction of the state and federal courts located in San Diego County, California, USA for any action arising out of or relating to these Terms and Conditions of Use. The information on this site is for the United States market only. If any material on this site, or your use of the site, is contrary to the laws of the place where you are located when you access it, the site is not intended for you, and you are not authorized to use the site.  You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

 

Entire Agreement

 

This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and BIONIME with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms and Conditions of Use shall be admissible in any judicial or administrative proceedings.

 

Severability

 

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.