Terms of Service

Bio DeNovo, Inc. Terms of Use

Last updated: June 27, 2023

Please review these terms and conditions (“Terms”) carefully. 


THIS IS A LEGALLY BINDING AGREEMENT BETWEEN BIO DENOVO, INC. DBA “BIO-FIRST” (“BIO-FIRST”, “WE”, “US”, AND/OR “OUR”) AND YOU. BY USING THE SERVICES (DEFINED BELOW) IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, HAVE TAKEN THE TIME AND ASSISTANCE NEEDED TO COMPREHEND THE CONSEQUENCES OF ACCEPTING THIS AGREEMENT, AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS AGREEMENT.


Bio-First and you are hereinafter referred to from time to time, individually as “Party” and collectively as “Parties.”


1.    About the Service


Bio deNovo, Inc., doing business as “Bio-First”, operates an e-commerce platform offering genuine natural remedies that help solve skin issues and improve wellness (“Products”), and we also provide advice, tips, and information about holistic remedies. These terms apply to our online store, currently located at  https://www.bio-first.com/ (“Site”), as well as related content, features, applications, and other services, including without limitation any new features and applications (collectively with the Site, the “Services”). Our online store is hosted by Shopify, Inc. Certain services may be available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, and (ii) the ability to browse the Service and the Site from a mobile device. Not all Mobile Services may work with all carriers or devices. 


2.         Acceptance


2.1       Representations. By accessing or using our Services, including by browsing our Site, creating an account, or by clicking a button or checking a box marked “I agree” (or an equivalent phrase), you accept these Terms of Use (“Terms”) as binding and confirm:

  • You are of legal age in the jurisdiction in which you reside to form a contract with us; 

  • You have not been previously suspended or banned from using the Services; 

  • Your use of the Service is in compliance with any and all applicable laws and regulations (including laws and regulations governing cannabis and cannabis-derived products); and

  • You have the authority to enter into these Terms.

2.2       Privacy Notice. Our Privacy Notice is hereby incorporated into and forms an integral part of these Terms. Please read this notice carefully as it describes how we handle the personal information we collect from and about you in connection with your use of and access to the Site and Services. Where processing is based on consent and to the extent permitted by law, by entering into these Terms, you consent to Bio-First’ collection, use, and disclosure of your personal information as described in the Privacy Notice.  


3.         Modifications


3.1    Changes to Terms. To the extent allowed by law, we reserve the right, in our sole discretion, to modify these Terms or our Privacy Notice at any time. You should review these Terms and our Privacy Notice regularly. If we make material changes, we will provide you with additional notice, such as posting a statement on our Site or sending you an email notification, if we have your email address on file. Your continued use of the Services on or after such changes have become effective constitutes acceptance of those changes, to the extent permitted by law. We will not have any liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse is to stop using our Site and Services. 


3.2    Changes to Service. Bio-First reserves the right to modify or discontinue the Services (or any part thereof) at any time. This may include adding new features, updating existing features, or removing features or functionality from the Services, temporarily or permanently. You agree that we will not have any liability to you for the foregoing actions. If you object to any such changes, your sole recourse is to stop using the Service. Continued use of the Services after the date any such changes take effect constitutes your agreement to such changes. 


4.         Accessing the Services 


4.1    General. We grant you permission to access and use the Services subject to the restrictions set out in these Terms. To access your order history, we require that you register for an account. It is a condition of your use of the Services that the information you provide about yourself is accurate, current, and complete and that you to maintain and promptly update such information to keep it accurate, current, and complete. You may be asked to verify that you are over the applicable age limit to access our Services and you hereby agree that you shall not misrepresent your age. We reserve the right, in our sole discretion, to refuse, suspend, or terminate your access to the Services upon discovery (or reasonable suspicion) that any information you have provided via the Services is not true, accurate, or complete, or otherwise violates these Terms.  


4.2    Acceptable Use. You may use our Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us now if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct.   

You agree not to, and will not assist, encourage, or enable others to use our Services as follows: 

  • For any commercial purpose, except as expressly permitted under these Terms.  
  • For competitive analysis or to build competitive products. 
  • To violate any applicable national, regional, federal, state, local, or international law or regulation.
  • To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material which: 

    • Is, or contains any material which is, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; 

    • Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person; 

    • Violates or assists in the violation of legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms and/or our Privacy Policy; or 

    • Is likely to deceive or confuse any person. 

  • In violation of these Terms or any other rules or policies posted by us on the Services.
  • To reverse engineer any portion of the Services.
  • To modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by Bio-First. 
  • To remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services. 
  • To record, process, harvest, collect, or mine information about other users. 
  • To access, retrieve, or index any portion of the Services for the purposes of constructing or populating a searchable database. 
  • To use any robot, spider, or other automatic device, process, or means to access the Services for any purpose. 
  • To use the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature. 
  • To use the Services to violate the security of any computer network, crack passwords, or security encryption codes. 
  • To remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services. 
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services. 
  • To attack the Services via a denial-of-service attack or a distributed denial-of-service attack. 
  • To otherwise attempt to interfere with the proper working of the Services.


4.3    Suspension or Termination of Access. If we determine (or reasonably believe) that you have breached the acceptable use terms set out in Section 4.2 above or (i) are using our Services for any unlawful purpose or deceptive purpose; (ii) pose a threat to us or our other users; or (iii) are violating the intellectual property rights of Bio-First or any third party, we reserve the right to suspend or permanently bar you from accessing our Services. We may further notify relevant third parties, including law enforcement as applicable. Unauthorized or other misuse of the Services may result in criminal and/or civil prosecution under federal state, and local law or applicable regulations. If you become aware of misuse of our Services, please contact us at customerservice@bio-first.com.


4.4    No Substitute for Medical Treatment.  While the Services may provide access to general information about recent research, immune health, skin health, natural remedies, dietary supplements and similar topics, THE INFORMATION PROVIDED ON THE SITE IS FOR INFORMATIVE PURPOSES ONLY. IT IS OFFERED IN SUMMARY FORM TO PROVIDE GENERAL CONSUMER UNDERSTANDING AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE FOR YOU. IT SHOULD NOT BE TAKEN TO BE MEDICAL ADVICE, A PROFESSIONAL OPINION, OR DIAGNOSIS OR TREATMENT OF ANY PARTICULAR CONDITION AND SHOULD NOT BE RELIED UPON OR TREATED AS A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. 


WE ADVISE YOU TO ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS REGARDING YOUR PHYSICAL WELL-BEING. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING ADVICE FROM A QUALIFIED HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICES. 


STATEMENTS THAT APPEAR ON THE SERVICES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND PRODUCTS OFFERED ON THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.  


YOU ARE RESPONSIBLE FOR REVIEWING AND UNDERSTANDING ALL PACKAGE AND PACKAGE INSERT INFORMATION PROVIDED IN CONNECTION WITH PRODUCTS PURCHASED FROM BIO-FIRST. ALL PRODUCTS SHOULD BE USED STRICTLY IN ACCORDANCE WITH THEIR INSTRUCTIONS, PRECAUTIONS, AND GUIDELINES. YOU SHOULD ALWAYS CHECK THE INGREDIENTS FOR PRODUCTS TO AVOID POTENTIAL ALLERGIC REACTIONS.


Bio-First is not authorized or qualified to engage in any activity that may be construed or deemed to constitute the provision of medical care. By using our Services, you hereby understand and agree that our provision of the Services does not create a healthcare professional-patient relationship between you and us.


5.     Online Store Terms


5.1    Ordering Process. All Products and promotions on the Site are merely an invitation for you to purchase; are not offers to sell; and are subject to our acceptance. After placing your order, you will receive online confirmation that your order has been received by Bio-First. This online confirmation of order receipt does not constitute acceptance of your order. We reserve the right to limit, cancel, or reject any order we receive based on Product availability, product recalls, noncompliance with this Agreement, or any other reason as determined in our sole discretion. We will either not charge you or refund the charges for orders that we cancel or do not process. On occasion, we may require additional verifications or information before accepting an order, in which case we will contact you at the email address associated with the order. 


5.2    Pre-Orders. Bio-First may offer the opportunity to pre-order Products before they have been manufactured or before they have arrived at our facilities. When you place a pre-order, your payment card will be authorized, but it will not be charged until the Product is shipped to you. Pre-order release dates are subject to change. In rare cases, pre-ordered Products may not become available for shipping. If this happens, we will notify you by email and cancel the item from your order.


5.3    Product Descriptions. While we attempt to describe our Products as accurately as possible, we do not warrant that product descriptions or any other content on the Site is accurate, current, complete, reliable, or error-free. If a Product we offer is not as described, your sole remedy is to return it in unused condition. 


5.4    Pricing. All Products are listed in U.S. dollars and are exclusive of shipping costs and all applicable taxes, if any. By confirming your purchase at the end of the check-out process, you agree to pay Bio-First the amount set out as the Order Total, which includes any applicable shipping & handling fees and an estimate of all applicable taxes. The Order Total will be charged to your selected payment method by Shopify, Inc. which hosts our online store and provides the e-commerce platform we use to offer our Products and Services to you. While we stive to provide accurate pricing information regarding the Products available on the Site, we cannot guarantee there will never be pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Product whose price was incorrectly posted on the Site.  If this occurs, we will notify you by email. Prices for our Products are subject to change without notice. 


5.5     Availability. The purchase of Products on the Site is subject to item availability, which is not guaranteed. On occasion, a Product may be in stock when you place the order and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. 


5.6    Subscriptions. We may offer recurring auto-replacement plans (“Subscriptions”) which allow you to make an immediate purchase and schedule recurring purchases of the same Product at regular intervals to help you avoid running out of the Product in the future. By choosing a Subscription, you acknowledge and agree that (i) Bio-First (or our third-party payment processor) is authorized to charge you on a recurring basis (e.g., monthly) for as long as your Subscription continues and (ii) your Subscription is continuous until you cancel it or we suspend or stop providing access to the Site or Products. You can cancel your Subscription at any time by emailing us at hello@bio-first.com. You will be responsible for all charges incurred with respect to any order processed prior to the cancellation of your Subscription. 


5.7     Personal Use. All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. We may, among other things, restrict orders placed by or under the same customer account, the same payment card, and/or orders that use the same billing and/or shipping address. 


5.8     Shipping. Your order will be shipped by one of Bio-First’s third-party carriers to the delivery address that you specify when placing your order. Bio-First will not be held responsible for any delivery delays which are beyond its control. If we are unable to deliver to your address (for instance because the delivery address is geographically remote, we will notify you and cancel or refund your order, as appropriate. For more information on Bio-First’s shipping practices, please see here. 


5.9     Customer Cancellation. We will do our best to accommodate requested changes.  However, we begin packing your order promptly once it has been submitted and our ability to cancel or make changes once your order has begun to be processed may be limited. 


5.10    Returns and Exchanges (“60 Day Results Guarantee”). We accept Products for returns and exchanges if requests are submitted within sixty (60) days of the date your payment card was charged. To make a return or exchange in connection with an online purchase, please email us at hello@bio-first.com with your order number, the Product(s) you would like to exchange or return, and the reason for your request. After we receive your written request, we will respond with further instructions about returning the Product(s) to us. Upon receiving the returned Product(s) from you, we will process any refund due to you as soon as possible.  To return or exchange in-store purchases, please return the Product(s) to the store where the purchase was made. You will be refunded in full to your original form of payment, excluding any costs of delivery. We will not refund any costs you may incur to return the Product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. You may have additional rights or remedies under the consumer protection laws where you reside. For more information about returns and exchanges, please see here and here. 


5.11     Refer a Friend Program

Give $10, get $10. Let a friend, family member or someone else know about Bio-First through sharing your unique code with them. When they purchase they will receive $10 off and we will give you $10 off once they make their first order. To qualify, your friend must be a new customer and must use your unique code at checkout. They must spend at least $40. Once they have made their purchase, you will receive a $10 Bio-First voucher via email to use on your next order of at least $40. The Voucher is valid for 30 days. This program is available to all Bio-First customers.


6.    Intellectual Property Rights  


6.1    Services IP. Intellectual property rights, titles, and interests in and to all text, images, graphics, logos, button icons, photographs, video and audio files, data associated with the Site and any other portion of the Services and the selection, arrangement, structure, coordination, and “look and feel” thereof as well as the Bio deNovo and Bio-First name and logo belong to Bio deNovo, Inc., its licensors, or other content suppliers (“Services IP”). Unless otherwise expressly authorized herein or by us in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, creative derivative works from, modify, sell, resell, exploit, transfer, or upload the Services IP or any portion thereof. 


6.2    License to Services IP. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Services IP solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Bio-First, its licensors, or other content suppliers.  


6.3    User Content. With respect to (i) any content or other materials you upload through the Services, and (ii) any photos, videos, or other content you share on your social media accounts using our branded hashtags, including, without limitation #bio-first, #biofirstpartner, and #biofirstofficial (collectively, the “Bio-First Hashtags”), or in which you tag our branded social media accounts (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violating any third party’s rights. You understand and agree that any liability, loss, or damage arising from or relating to any User Content that you post, upload, link to, or otherwise make available via the Service or your social media accounts, as described above, is solely your responsibility. By making available such User Content, you hereby grant Bio-First a non-exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute, store, modify, and otherwise use your User Content in any and all media, form, medium, technology, or distribution methods now known or later developed and for any and all purposes. You also grant to us permission to use your name, voice, likeness, and User Content in the promotion of our Services, in the form of testimonials or showcased users of the Service, and other reasonable promotional activities. 


6.4    Feedback. From time to time, you may provide us with comments, suggestions, or ideas for enhancements or improvements, including new features, materials, and other content (“Feedback”). Bio-First shall have the full, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback, for any purpose, commercial or otherwise, without notice to you or acknowledgement or compensation to you. 


6.5    Complaints and Copyright Takedown Requests. If you believe your intellectual property is being violated via our Services, please submit a complaint and request for takedown of specific material to customerservice@bio-first.com. Be sure to provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Site and the material you claim is infringing; (iv) your address, telephone number, and email address; (v) a written 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 (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 


UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. 


Please note that this procedure is exclusively for notifying Bio-First that your copyrighted material has been infringed. The preceding requirements are intended to comply with Bio-First’s rights and obligations under the Digital Millennium Copyright Act (DMCA), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. 


In accordance with the DMCA and other applicable law, Bio-First has adopted a policy of blocking, in appropriate circumstances, users who are deemed to be repeat infringers. Bio-first may also in its sole discretion limit access to the Site or any other portion of the Services for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 


7.    Links to Other Websites and Third-Party Content


We may provide links to third-party websites, services, and applications that are not operated or controlled by Bio-First. These Terms do not apply the practices of those third parties. The fact that we link to a website, service, or application is not an endorsement, authorization, or representation of our affiliation with that third party. We encourage you to review the terms of use and privacy policies of any third-party service before using such service or providing any personal information to or through them. 


8.     Consent to Receive Communications in Electronic Form


For all notices and communications relating to these Terms, you (i) consent to receive communications from us in electronic form via the email you have submitted; and (ii) agree that these Terms (including all updates thereto), agreements, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights. 

We may also use your email address to send you other messages, including to (i) respond to your requests, inquiries, comments, and suggestions; and (ii) to communicate with you about products, services, offers, promotions, and events we offer and provide news and information we think will be of interest to you. You can opt out of receiving our promotional communications at any time by following the instructions included in those communications or by contacting us at customerservice@bio-first.com  


You may have the opportunity to opt in to receiving certain information, updates, and/or offers from us via text communications by providing us with your mobile telephone number. Consent to receiving text communications is not required as a condition of purchasing any Products or using our Services. If you choose to opt in to receive such communications, you represent and warrant that the telephone number you have provided is yours and not someone else’s. You understand and agree that you may receive recurring promotional and personalized marketing messages from Bio-First, in the form of text messages or automated or pre-recorded phone calls, and standard message and data rates apply. You can opt out of receiving these messages at any time by texting STOP or by contacting us at customerservice@bio-first.com.  


9.    Warranty Disclaimer


THE SERVICES, INCLUDING WITHOUT LIMITATION ALL SERVICE IP MADE AVAILABLE VIA THE SITE OR OTHER SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”.  WHILE REASONABLE EFFORTS HAVE BEEN MADE TO ENSURE SUCH MATERIALS ARE ACCURATE AND RELIABLE WHEN POSTED, THE MATERIALS MIGHT NOT BE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ALL CONTENT IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTIES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE), IN RESPECT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE OR MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO GUARANTEE THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. BIO-FIRST SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BIO-FIRST’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. 


BIO-FIRST DOES NOT WARRANT THAT ANY PRODUCTS AVAILABLE VIA THE SITE WILL DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY CONDITION OR DISEASE. Your use of the information provided on and through the Services is solely at your own risk, subject to any applicable consumer protection laws. Bio-First is not responsible or liable for any claim, loss, or damage arising from the use of such information.


10.    Indemnification


You agree to release, indemnify, and hold harmless Bio-First against all losses, damages, expenses (including reasonable attorney’s fees, rights, claims, actions of any kind and injury (including death) made or brought against us by a third party arising out of (i) your breach of these Terms; (ii) your violation of applicable laws; (iii) your violation of the rights of any third party, including intellectual property rights; and (ii) your negligence or willful misconduct. 


11.     Limitation of Liability


BIO-FIRST ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH (I) CONTENT POSTED BY ANY USER OR OTHER THIRD PARTY, (II) ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICES INTEGRATED IN, LINKED TO, OR OTHERWISE ACCESSIBLE THROUGH THE SERVICES, OR (III) THE QUALITY OR CONDUCT OF ANY THIRD PARTY OR OTHER USER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIO-FIRST WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT BIO-FIRST SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW.

12.    Miscellaneous


12.1    Survival. If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be, to the maximum extent possible, construed consistent with applicable law. The remaining portions shall remain in full force and effect. Any failure on the part of Bio-First to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms to the extent necessary to give full effect to their intended purpose. 


12.2    Choice of Law. These Terms and your use of the Services are governed by the federal and state laws of the State of California without regard to its conflict of law provisions. You hereby consent to the exclusive jurisdiction and venue in any federal or state court of competent jurisdiction located in Los Angeles County for the adjudication of any disputes arising from or relating to the Services or these Terms of Use. 


12.3    Assignment. We may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Notice without our prior written consent, and any unauthorized assignment and delegation by you shall be void. 


12.4    Entire Agreement. These Terms, together with the Privacy Notice, represent the complete and exclusive understanding of the agreement between us and you regarding the Service and supersede any other prior or contemporaneous agreement, whether oral or written, and any other communications between us and you relating to the Services. 


12.5    Notices. All notices permitted or required under these Terms must be sent in writing (i) if to you by us, then via email to any address you have provided, and (ii) if to us by you, then via customerservice@bio-first.com.  Notices will be deemed given if (a) if to you, when emailed, and (b) if to us, on receipt by us.  


12.6     Contact Us. If you have comments or questions or would like to report violations of these Terms, please contact us at customerservice@biodenovo.com or Bio deNovo, Inc., 440 N Barranca Ave, #4412, Covina, CA 91723.