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Welcome to the website (this
"Site") of BIOLUX Research Ltd. and their affiliates
(collectively "BIOLUX").
These terms of use, including any policy or terms
incorporated by reference ("Terms of Use") apply
exclusively to your access to, and use of, this Site so
please read them carefully. These Terms of Use do not
alter in any way the terms of any other agreement you
may have with BIOLUX for other products or services.
BIOLUX reserves the right to change any of the terms contained
in these Terms of Use at any time and in its sole discretion.
Any changes will be effective upon posting of revised
Terms of Use to this Site. Your continued use of this
Site following the posting of the revised Terms of Use
will constitute your acceptance of such changes. Therefore,
you should frequently review these Terms of Use to understand
the terms that apply to your use of this Site.
By accessing, browsing, and using this Site, you agree
to be bound by THESE TERMS OF USE, and any subsequent
changes thereto. IF YOU DO NOT AGREE TO THESE TERMS OF
USE OR ANY SUBSEQUENT CHANGES, do not access, browse or
otherwise use this site. |
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| Incorporated
Policies or Terms |
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Privacy Policy
BIOLUX believes strongly in protecting user and
customer privacy and providing you notice of BIOLUX's
collection and use of personally identifiable information.
Therefore, BIOLUX has adopted a Privacy Policy that you
should refer to in order to fully understand how BIOLUX
uses and collects such information. |
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Terms of Sale
All sales from this Site are governed by BIOLUX's Terms
of Sale. By ordering and/or accepting delivery of the
products, you agree to be bound by these Terms of Sale.
The Terms of Sale are subject to change without prior
notice at any time, in BIOLUX's sole discretion so you
should review the Terms of Sale each time you make a purchase. |
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License and Site Access
BIOLUX grants you a limited license to make personal,
non-commercial and informational use only of this Site.
Such grant does not include, without limitation: (i) any
resale or commercial use of this Site or content therein;
(ii) the collection and use of any product listings or
descriptions; (iii) making derivative uses of this Site
and its contents; or (iv) use of any data mining, robots,
or similar data gathering and extraction methods. Except
as expressly provided in these Terms of Use, you are not
conveyed any right or license by implication, estoppel,
or otherwise in or under any patent, trademark, copyright,
or proprietary right of BIOLUX or any third party.
You may not use, frame or utilize framing techniques to
enclose any BIOLUX trademark, logo or other proprietary
information (including the images found at this Site,
the content of any text or the layout/design of any page
or form contained on a page) without BIOLUX's express
written consent. Further, you may not use any meta tags
or any other "hidden text" utilizing a BIOLUX
name, trademark, or product name without BIOLUX's express
written consent. |
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Copyright
All copyrighted and copyrightable materials on this Site,
including, without limitation, designs, texts, graphics,
pictures, video files, sound files and other files, and
the selection and arrangement ("Materials")
thereof are ALL RIGHTS RESERVED Copyright ©2007 BIOLUX
Research Ltd. and/or their licensors, as applicable. Except
as expressly provided in these Terms of Use, none of the
Materials may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form
or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without
the prior written permission of BIOLUX or the respective
copyright owner. Permission is hereby granted to display
and download the Materials on this Site for personal,
non-commercial, and informational use only; provided that,
you may not, without the permission of BIOLUX or the respective
copyright owner, (i) copy, publish, or post any Materials
on any computer network or broadcast or publications media,
(ii) modify the Materials, and (iii) remove or alter any
copyright and other proprietary notices contained in the
Materials. |
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Trademarks and Service Marks
BIOLUX, OsseoPulse, the BIOLUX logo, and the collection
of these marks are the trademarks and service marks of
BIOLUX Research Ltd. All rights reserved. These trademarks
or services marks may not be copied, imitated or used,
in whole or in part, without the prior written permission
of BIOLUX. In addition, all page headers, custom graphics,
button icons, and scripts are service marks, trademarks,
and/or trade dress of BIOLUX, and may not be copied, imitated,
or used, in whole or in part, without the prior written
permission of BIOLUX. All other trademarks, registered
trademarks, product names and names or logos mentioned
herein are the property of their respective owners. |
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Third Party Content
This Site may include discussion forums and interactive
areas, including chat rooms, newsgroups, user groups and
bulletin board services. These forums and interactive
areas will be used only for non-commercial purposes. By
using the forums or interactive areas, you agree not to
do any of the following: |
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Upload to, distribute or otherwise publish through
this Site any message, data, information, text or
other material ("Content") that is unlawful,
libelous, defamatory, obscene, pornographic, indecent,
lewd, harassing, threatening, harmful, invasive
of privacy or publicity rights, abusive, inflammatory
or otherwise objectionable; |
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Upload or transmit any Content that would constitute
or encourage a criminal offense, violate the rights
of any party, or that would otherwise create liability
or violate any local, state, national, or international
law; |
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Upload or transmit any Content that may infringe
any patent, trademark, trade secret, copyright or
other intellectual or proprietary right of any party.
By posting any Content, you represent and warrant
that you have the lawful right to distribute and
reproduce such Content; |
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Impersonate any person or entity or otherwise
misrepresent your affiliation with a person or entity;
and |
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Without BIOLUX's written permission, distribute
or publish unsolicited promotions, advertising or
solicitations for funds, goods or services, including
junk mail and spam. |
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| BIOLUX takes no responsibility and assumes no liability
for any Content posted or uploaded by you or any third
party, or for any mistakes, defamation, slander, libel,
omissions, falsehoods, obscenity, pornography or profanity
you may encounter. As a provider of forums and interactive
areas, BIOLUX is only a forum and is not liable for any
statements, representations, or Content provided by its
users in the forums or interactive areas or any personal
home page. |
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Enforcement
BIOLUX has the right, but not the obligation, to
monitor any activity and Content associated with its forums
and interactive areas. BIOLUX may investigate any reported
violation of its policies or complaints and take any appropriate
action that it deems appropriate. Such action may include,
but is not limited to, issuing warnings, suspension or
termination of service, and/or removal of posted Content.
BIOLUX reserves the right and has absolute discretion,
to remove, screen or edit any Content that violates these
Terms of Use or is otherwise objectionable. In order to
cooperate with legitimate governmental requests, subpoenas
or court orders, to protect BIOLUX's systems and customers,
or to ensure the integrity and operation of BIOLUX's business
and systems, BIOLUX may access and disclose any information
it considers necessary or appropriate, including, without
limitation, user profile information (i.e. name, e-mail
address, etc.), IP addresses and traffic information,
usage history, and posted Content. BIOLUX's right to disclose
any such information will govern over any terms of BIOLUX's
Privacy Policy. |
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Responsibility for Your Conduct
You will remain solely liable for the Content of any messages
or other information you upload or transmit to this Site,
including the discussion forums or interactive areas of
this Site. |
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Third Party Links
BIOLUX makes no claim or representation regarding, and
accepts no responsibility for, the quality, content, nature
or reliability of sites accessible by hyperlink from this
Site, or sites linking to this Site. The linked sites
are not under the control of BIOLUX and BIOLUX is not
responsible for the content of any linked site or any
link contained in a linked site, or any review, changes
or updates to such sites. BIOLUX is providing these links
to you only as a convenience, and the inclusion of any
link does not imply affiliation, endorsement, or adoption
by BIOLUX of the site or any information contained therein.
When leaving this Site, you should be aware that BIOLUX's
terms and policies no longer govern, and, therefore, you
should review the applicable terms and policies, including
privacy and data gathering practices, of the other site. |
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Submissions
You agree that any materials, including but not limited
to questions, comments, suggestions, ideas, plans, notes,
drawings, original or creative materials or other information,
provided by you in the form of e-mail or submissions to
BIOLUX, or postings on this Site, are non-confidential
(subject to BIOLUX's Privacy Policy) and will become the
sole property of BIOLUX. BIOLUX will own exclusive rights,
including all intellectual property rights, and will be
entitled to the unrestricted use of these materials for
any purpose, commercial or otherwise, without acknowledgment
or compensation to you. The submission of any materials
to BIOLUX, including the posting of materials to any forum
or interactive area, irrevocably waives any and all "moral
rights" in such materials, including the rights of
paternity and integrity.
If you provide information to BIOLUX in order to register
for warranty service or for other purposes, you agree
to provide true, accurate, current and complete information
about yourself as prompted by BIOLUX's forms or requests,
and to notify BIOLUX of any changes to such information.
If BIOLUX provides you with a user ID and password for
access and use of areas of this Site, you are responsible
for maintaining the confidentiality of that user ID and
password. You agree to notify BIOLUX immediately of any
unauthorized use of your user ID and password. |
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| Financial Material
Disclosure |
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Forward Looking Statements
This Site, any documents issued by BIOLUX and available
through this Site, and e-mail notifications sent by BIOLUX
may contain statements which constitute forward looking
statements. These forward looking statements are not based
on historical facts but rather on management's expectations
regarding future growth, results of operations, performance,
future capital and other expenditures (including the amount,
nature and sources of funding thereof), competitive advantages,
business prospects and opportunities. Statements by BIOLUX
about its future plans and intentions, results, levels
of activity, performance, goals or achievements or other
future events constitute forward looking statements. Wherever
possible, words such as "anticipate", "believe",
"expect", "may", "could",
"will", "potential", "intend",
"estimate", "should", "plan",
"predict" or the negative or other variations
of these words, or similar words or phrases, have been
used to identify these forward looking statements. Such
forward looking statements reflect BIOLUX management's
current beliefs and assumptions and are based on information
currently available to them. Forward looking statements
involve significant known and unknown risks, uncertainties
and assumptions and other factors that may cause BIOLUX's
actual results, levels of activity, performance or achievements
to differ materially from those implied by forward looking
statements. These factors should be considered carefully
and undue reliance should not be placed on the forward
looking statements. Although the forward looking statements
are based upon what BIOLUX's management believes to be
reasonable assumptions, BIOLUX cannot assure investors
that actual results will be consistent with these forward
looking statements. BIOLUX undertakes no obligation to
update forward looking statements to reflect events or
circumstances that occur after the date the statements
were made. |
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Press Releases
The information contained within press releases issued
by BIOLUX should not be deemed accurate or current except
as of the date the release was issued. BIOLUX has no intention
of updating, and specifically disclaims any duty to update,
the information in the press releases. To the extent any
information therein is forward looking, it is intended
to fit within the safe harbor for forward looking statements,
and is subject to material risk. |
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Third Party Financial Information
BIOLUX may provide links to third party sites or services
that contain financial or investment information about
BIOLUX. Access to such sites and the information contained
therein is provided as a service to those interested in
the information. BIOLUX neither regularly monitors nor
has control over the content of third parties' statements
or sites. Accordingly, BIOLUX does not endorse or adopt
these sites or any information contained therein, including,
without limitation, analyst's reports and stock quotes.
BIOLUX makes no representations, warranties or conditions
whatsoever regarding the accuracy or completeness of the
content, information, or opinions of third party sites
or other third party information that is identified on
this Site. Users visit such sites and use the information
contained therein at their own risk. |
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| Disclaimers
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Warranty Disclaimer
THIS SITE, THE MATERIALS CONTAINED THEREIN, any
documents issued by BIOLUX and available through this
Site, and e-mail notifications sent by BIOLUX ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY,
DURABILITY, FITNESS FOR PURPOSE, TITLE, AND NON-INFRINGEMENT.
BIOLUX DOES NOT REPRESENT OR WARRANT THAT ANY OF THE FOREGOING
ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
BIOLUX is not responsible for typographical errors or
omissions relating to pricing OR TEXT. WHILE BIOLUX ATTEMPTS
TO ENSURE YOUR ACCESS AND USE OF THIS SITE IS SAFE, BIOLUX
CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE
OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL
CONTENT AND DATA OR FILES DISTRIBUTED BY, DOWNLOADED OR
ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
Reference to any products, services, processes, or other
information, by trade name, trademark, manufacturer, supplier,
or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by BIOLUX. |
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Limitation of Liability
IN NO EVENT WILL BIOLUX BE LIABLE FOR ANY DIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE,
LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THIS SITE, THE MATERIALS CONTAINED THEREIN, any documents
issued by BIOLUX and available through this Site, and
e-mail notifications sent by BIOLUX. |
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General
Any unauthorized use of this Site or breach of these Terms
of Use will automatically terminate the license granted
to you by these Terms of Use. In addition, notwithstanding
any of these Terms of Use, BIOLUX reserves the right,
without notice and in its sole discretion, to terminate
your license to use this Site, and to block or prevent
future access to and use of this Site.
These Terms of Use will be governed by and construed in
accordance with the laws of the Province of British Columbia
and the federal laws of Canada applicable therein without
regard to conflicts of law that would apply a different
body of law. You agree that any action at law or in equity
arising out of or relating to these Terms of Use will
be filed only in the courts of British Columbia, and you
hereby irrevocably and unconditionally consent and submit
to the exclusive jurisdiction of such courts over any
suit, action or proceeding arising out of these Terms
of Use.
If any provision of these Terms of Use will be deemed
unlawful, void, or for any reason unenforceable, then
that provision will be deemed severable from these Terms
of Use and will not affect the validity and enforceability
of the remaining provisions.
These Terms of Use constitute the entire agreement between
BIOLUX and you relating to the subject matter hereof,
and supersede any prior understandings or agreements (whether
electronic, oral or written) regarding such subject matter.
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Questions
Should you have any questions regarding this policy, please
feel free to contract BIOLUX via our toll free telephone
number or our website. |
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