WEBSITE USAGE TERMS AND CONDITIONS
FOR
Biofoam, Inc.
PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY. By accessing or otherwise using this Biofoamusa.com website ("Website"), you agree to be bound by these Website Usage Terms and Conditions (collectively, the "Terms") each time you access or use this Website.
These Terms govern your use of the Biofoamusa.com website ("Website"). The Website is designed to provide online information to our users ("You" or "you") for products and services provided by Biofoam, Inc. ("Biofoam"). The use of this Website and the products and services offered on this Website are governed by these Terms. Your use of this Website in any manner including, but not limited to, browsing or activating an account, constitutes your acknowledgement that you have read these Terms and that you agree to follow and be bound by them. Biofoam reserves the right to modify or otherwise change these Terms at any time without notice to you. Therefore, we recommend that you carefully review these Terms each time you access or use this Website. By accessing or using the Website, you agree to be legally bound by these Terms just as if you had signed these Terms. If you access or use the Website after Biofoam posts a change to these Terms, you agree to be bound by such change. If you do not intend to accept the change, you must immediately terminate access or use of the Website. This Website is available only for your personal, non-commercial use. You agree and continue to agree to use this Website in a manner consistent with the applicable laws and regulations and in accordance with these Terms.
1. Restrictions on Use of Website and Inappropriate Behavior
You will not engage in any conduct that, in Biofoam’s sole discretion, restricts or inhibits any other person from using, accessing or enjoying the Website. You may not copy, modify, distribute, download, display, transfer, post, or transmit the Website or any of its content in any form unless you have obtained Biofoam’s prior written consent. You will not access or use the Website for any unlawful purpose. You will not post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially offensive, ethnically offensive content, or any material of any kind that Biofoam considers objectionable.
The following activities are also expressly prohibited and you will not engage in any such activities: using the Website for any non-personal or commercial use; using any "robot", "spider", "easter eggs", cheats, levels or other automatic device, or manual process to monitor or copy the Website or any of its content; "mirroring" or "framing" the Website or any content on any other server; collecting or using of products provided through this Website for the benefit of any supplier of competitive or comparable products; or any action that imposes an unreasonable or disproportionate burden on the Website or otherwise interferes with its function or value.
2. Ownership of Information and Intellectual Property Contained on Website
"Content" means any and all images, content, methodology, benefits, text, audio, instructional, customer IDs and other information, music, graphics, sounds, links and other components found on or in this Website. The Content is the property of Biofoam and is protected by copyright (whether published or unpublished or a collective work), patent (whether or not reduced to practice), trademarks, trade secrets or other proprietary rights. These rights are valid and protected in all forms of media and technologies existing now or hereinafter developed. All Content is protected by U.S. worldwide copyright laws and treaties. Except as expressly provided in these Terms, You will not, nor enable anyone else, to copy, reproduce, modify, publish, download, upload, frame, post, transmit, distribute, modify, alter or use any Content in any way without Biofoam's prior written consent. Except as may be expressly provided in these Terms, Biofoam does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information or the right to use any Content. The Biofoam marks, custom graphics and button icons are service marks, trademarks, and/or trade dress of Biofoam. You will not use any "meta tags" or any other "hidden text" utilizing Biofoam's name or trademarks without the express prior written consent of Biofoam. You may not use any Biofoam logo or other proprietary graphic or trademark as part of any link without Biofoam's express prior written consent. You do not and will not acquire any ownership rights to any content in the Website. Any unauthorized use terminates any permissions or licenses granted hereunder. Other trademarks appearing on the site are the property of their respective owners. Improper copying, use or conduct may constitute an offense that is subject to civil and/or criminal penalties relative to the intellectual property rights set forth herein.
3. Information Accuracy and Updates
The information published on this Website by Biofoam may include technical inaccuracies or typographical errors. Biofoam may add, delete or change Content or any information contained in any products without notice to you. Biofoam and/or its respective suppliers may discontinue, make improvements to and/or changes in the product(s) or services described herein at any time. Biofoam has no duty to update this Website or any Content, and Biofoam shall not be liable for any failure to update any such information. Biofoam shall not be liable for any errors or omissions on this Website. Biofoam does not warrant the accuracy or completeness of any Content offered through this Website. Biofoam makes no representation that this Website or any Content is appropriate or available for use in other locations and access to it from territories where Content is illegal or is prohibited is at your own risk. Content is made available as a general information forum and is not intended to be formal training or a substitute for formal training.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Biofoam. In many instances, the Content available through the site represents the opinions and judgments of the respective information provider or user. Biofoam neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Biofoam spokespersons acting in that capacity.
4. No Endorsements
Product information contained in this Website is general information, is not an endorsement by Biofoam, and may not be applicable to your specific uses or circumstances. Information on this Website should not be relied upon in any specific application, and Biofoam disclaims any liability for any such reliance.
5. Communication of Unsolicited Ideas
Biofoam is not seeking any unsolicited ideas, suggestions or materials relating to the development, design, or marketing of its Content. However, you may submit messages, data, comments and provide other information (collectively, "Messages") so long as it is not obscene, illegal, threatening, or defamatory and so long as such submission and the content thereof does not invade the privacy, infringe the intellectual property of or otherwise violate the rights of or injure Biofoam or any third party, or contain a software virus or other illicit code, mass mailing, chain letter, or any form of "spam." You will not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. Any Messages submitted by you to Biofoam through this Website shall be and remain the sole and exclusive property of Biofoam and may be used by Biofoam for any purpose whatsoever, commercial or otherwise, without compensation. You represent and warrant to Biofoam, and accept responsibility for, the accuracy, appropriateness and legality of the Messages you submit, directly or indirectly. Your submission of such Messages shall constitute your representation and warranty that neither the submission nor any content thereof is in breach of these Terms. You assign to Biofoam all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. Biofoam is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction, and without compensation to you.
Messages delivered by or from you to this Website (whether via posting, electronic mail, or otherwise, directly or indirectly) shall not be considered by you to be confidential. Biofoam shall not be responsible to keep such information confidential, and Biofoam shall not be liable for any use or disclosure thereof.
6. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution. You are responsible for securing and keeping your passwords confidential.
7. Incorporation of Privacy Policy
Because Biofoam respects your right to privacy, Biofoam has developed a Website Privacy Policy to inform you about Biofoam's privacy practices. Please review Biofoam's Website Privacy Policy, which is incorporated herein.
8. Disclaimer of Warranties and Limitation of Liability
THE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY. WITHOUT LIMITING THE FOREGOING, BIOFOAM DOES NOT MAKE AND DISCLAIMS ALL: EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SYSTEM INTEGRATION, ACCURACY OF INFORMATIONAL CONTENT, NON-INFRINGEMENT, QUALITY, QUIET ENJOYMENT, AND TITLE. BIOFOAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE, OR THAT BIOFOAM’S E-MAILS, SOFTWARE OR THE WEBSITE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT CUSTOMER’S COMPUTER SYSTEM WILL NOT BE DAMAGED BY REASON OF SUCH USE, OR THAT USE OF THE SOFTWARE OR WEBSITE IS OR WILL BE ERROR FREE OR UNINTERRUPTED. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT BIOFOAM WILL NOT BE LIABLE BY REASON OF SUCH USE. YOU AGREE THAT ANY EFFORTS BY BIOFOAM TO MODIFY ITS SOFTWARE, WEBSITE, PRODUCTS OR SERVICES SHALL NOT BE DEEMED OR CONSTRUED AS A WAIVER OF ANY OF THE FOREGOING LIMITATIONS, OR ACKNOWLEDGEMENT OR EVIDENCE OF ANY DEFECT, NON-CONFORMITY, OR FAILURE OF PURPOSE. YOU FURTHER AGREE THAT BIOFOAM SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT OR INDIRECT, COMPENSATORY, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY KIND WHICH MAY BE INCURRED OR SUSTAINED BY YOU, YOUR EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, ARISING OUT OF OR RELATING TO THE SOFTWARE, THE WEBSITE, THIS AGREEMENT OR OTHERWISE, EVEN IF BIOFOAM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. Biofoam's liability in connection with this Website shall at all times be limited to the maximum limitation permitted by law. Some jurisdictions do not permit the exclusion or limitation of liability for consequential, incidental or other damages. To the extent applicable law does not permit any specific exclusion or limitation to apply to you or these Terms, such exclusion or limitation shall be severed from these Terms.
9. Notices
Unless otherwise provided in these Terms, all notices, requests, confirmations, waivers, and other communications required or desired to be given in connection with these Terms shall be effective: (a) if given to you by e-mail addressed to your e-mail address on record at Biofoam, if any, or, (b) if given to Biofoam, then by e-mail addressed to webmaster@biofoamusa.com, with a copy in writing delivered by any means to Biofoam, Inc., 3046 W. Armitage, Chicago, IL 60647, Attention: Webmaster.
10. Indemnification
You agree to keep, save, protect, indemnify, and hold harmless Biofoam, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, incurred or sustained by Biofoam arising out of, relating to or resulting from any breach or default by you under these Terms or any other obligations owed by you to Biofoam (including negligent or wrongful conduct).
11. For Use in the United States
This Website is controlled and operated by Biofoam from its offices within the United States, currently located Chicago, Illinois. Biofoam does not represent that the Website is appropriate or available for use elsewhere including access to the Website from locations where any of its Content is illegal or not authorized. If you access this Website from outside the United States, you do so at your own risk.
12. Arbitration
Any claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”). The arbitration shall be heard by the AAA and determined by a single arbitrator with experience with information technology disputes. The arbitration proceedings shall take place in Chicago, Illinois and shall be conducted in English. Each party shall bear its own costs relating to such arbitration, the parties shall equally share the arbitrators’ fees, and the arbitration and all related proceedings and discovery shall take place pursuant to a protective order entered by the arbitrators that adequately protects the confidential nature of the parties’ proprietary and confidential information. Either party may, without waiving any remedy under the Terms, seek from any court of competent jurisdiction any interim or provisional relief that such party deems necessary to protect its confidential information and property rights pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the claim).
13. Jurisdiction and Venue
These Terms shall be construed and governed by the laws of the State of Illinois, notwithstanding any conflicts of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Cook County, Illinois. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to your access to or use of Biofoam's Website, Content or these Terms must be filed within one (1) year after such claim or cause of action arises.
14. Miscellaneous Terms
Biofoam’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between Biofoam and you or any other party nor trade practice shall act to modify any provision of these Terms. If any provision of these Terms is held to be invalid, void or unenforceable by a court of competent jurisdiction, then such provision shall be deemed severed from these Terms and will not affect any other provision of these Terms, the balance of which shall remain and have their intended full force and effect. The headings and titles of the sections of the Terms are not a part of these Terms, but are for convenience only and are not intended to define, limit or construe the contents of any such sections.
Last Updated: March 1, 2008
BIOFOAM, INC.
PRIVACY POLICY
BIOFOAM, INC. ("BIOFOAM") has created this Privacy Policy in order to demonstrate its commitment to privacy. BIOFOAM recognizes that its customers care how their information is used and shared. BIOFOAM wants its customers to understand the types of information collected, how the information is used, and the safeguards in place to protect customer information. At the same time, information is the cornerstone of BIOFOAM's ability to provide products and services to its customers. This Privacy Policy is part of and subject to the Website Usage Terms and Conditions posted on the biofoamusa.com website ("Website") and includes BIOFOAM’s information gathering and dissemination practices for the Website. By using the Website, whether you are a customer of BIOFOAM's products or you are a visitor browsing the Website, you agree to be bound by this Privacy Policy. BIOFOAM may update this policy from time to time. The effective date noted below indicates the date that this Privacy policy was last updated. Each visitor and Participant, as defined below, is responsible for checking this policy periodically for changes.
What Information is Collected and Stored?
BIOFOAM may collect and store certain information automatically whenever you access this Website. The amount and type of information BIOFOAM collects depends upon the use of the Website. You may browse the Website without providing personal information. Each time a visitor comes to the Website, BIOFOAM may count, track and aggregate the visitor’s activity for analysis of general traffic flows at the Website. This information is used to improve this Website and to provide customers with an improved on-line experience. You agree that BIOFOAM may use this information to contact visitors to provide additional information regarding BIOFOAM's products and services, including new products and services that BIOFOAM may introduce from time to time.
For those who are customers of BIOFOAM's products ("Participants"), BIOFOAM collects and stores information that a Participant enters on the forms on this Website or a sub-domain. For example, when a participant opens an account, BIOFOAM collects and stores information such as, name, address, and e-mail address. Information BIOFOAM collects may be used by BIOFOAM to contact Participants, and you agree to such contact, about products, promotions, upcoming events, special offers and new Website features and to enable Participants to receive on-line newsletters, or to access their own password protected areas of the Website. If you have inquiries or issues regarding the use of personal information, please contact webmaster@biofoamusa.com.
Use of Cookies
BIOFOAM may use “cookies”, which are files stored on your computer’s hard drive by the browser. These cookies help BIOFOAM to identify visitors and to store preferences of Participants. The cookie does not contain any personally identifiable information but does identify the specific installed program you use to browse the Website. Most browsers accept cookies automatically but allow a user to disable them. If a Participant disables the Biofoamusa.com cookie, the Participant may not be able to take full advantage of a personalized experience on the Website. BIOFOAM may also collect and store information about Participants received from other sources which enables BIOFOAM to update and correct information.
Is Information Shared with Third Parties?
BIOFOAM does not sell to others any personal information that visitors or Participants provide to BIOFOAM through this Website, unless it is with the Participant's consent or except as described in this Privacy Policy. BIOFOAM does not share Participants' personally identifiable information with third parties except for BIOFOAM's suppliers, business associates or other third parties with whom it has a written agreement providing for the same level of protection as provided by BIOFOAM under this policy. If substantially all of BIOFOAM's assets are acquired by a third party, personal information may be one of the transferred assets.
BIOFOAM may engage third parties to perform services in connection with the operation of its business. Examples of these services may include product customization, marketing and promotional material, and data analysis. BIOFOAM may provide personal information to these third parties. The purposes for which personal information is used include the following:
1. Contact information for potential clients or persons seeking information is collected in order to enable BIOFOAM to contact those persons to provide information about BIOFOAM's products and services. This information may be stored on BIOFOAM’s servers in the United States.
2. Contact information, such as your name, address, telephone number, or email address, submitted by existing customers with questions, concerns, complaints, or technical support questions, is used only to respond to inquiries.
3. When you sign up for an email newsletter or alerts about our products and services, BIOFOAM will use your email address to deliver the newsletter or alerts requested.
BIOFOAM may release personal information if it believes in good faith that: it is required by law or legal process; it is required by a law enforcement agency that has provided a valid request; or such release is necessary to protect the rights, property or safety of BIOFOAM, its customers or others.
Links
This Website contains links to other websites. BIOFOAM is not responsible for the privacy policies applicable to other websites or how they may treat information about their users. Advertisers on the Website, or other websites to which customers link, may have the ability to assign cookies in a process not under BIOFOAM's control. BIOFOAM has no control over the use of the information collected by websites to which it links or other websites.
Is Information Collected from Children?
BIOFOAM does not market to anyone who is known to BIOFOAM to be under the age of 18, nor is any personal information collected from anyone who is known to BIOFOAM to be under the age of 18.
Other Circumstances
From time to time, BIOFOAM may sponsor promotional events which require the collection, processing and storing of individual contact and demographic information to be used for the event. BIOFOAM may also co-sponsor these and other activities with other persons or organizations, in which case individual contact and demographic information is likely to be shared with the other participating sponsors. Although BIOFOAM may request that co-sponsors of such events uphold the privacy of the information, BIOFOAM has no liability where the co-sponsors do not comply with any requests by BIOFOAM.
How Can Information Be Corrected?
The Website provides customers with the ability to correct information they have provided to BIOFOAM through the administrator of the sub-domain. If the sub-domain administrator is unable to correct or update the information that you submitted, please send your corrections or updates to webmaster@biofoamusa.com. Participants may also choose to opt out in the event BIOFOAM indicates that their personal information will be disclosed to a third party or used for a purpose incompatible with the purpose for which it was originally collected or not subsequently authorized by the customer.
California Privacy Rights
As of January 1, 2005, California Civil Code Section 1798.83, California residents have the right to request in writing from businesses with whom they have an established business relationship, (1) a list of the categories of personal information, such as name, address, e-mail address, and the type of services provided that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information please send an email message to info@ biofoamusa.com with "Request for California Privacy Information" on the subject line and in the body of your message. The requested information will be provided in response to the e-mail address from which BIOFOAM received the message.
A response to such requests will be provided within thirty (30) days following receipt at the BIOFOAM e-mail address stated above. If a request is received at a different e-mail address, BIOFOAM will respond within a reasonable period of time, but not to exceed 150 days from the date received. Please note that BIOFOAM is only required to respond to each customer once per calendar year.
What Steps Are Taken to Protect Customer Information?
This Website takes reasonable security measures in place to protect personal information from loss, misuse, alteration and destruction of the information under our control. BIOFOAM uses reasonable industry standard procedures and processes to safeguard the confidentiality of identifiable personal information. When a customer submits information over the Internet, the information may travel over many systems not under BIOFOAM's control. Others may intercept the information customers are sending. To protect personal information, each customer should take appropriate steps to guard their password and close their browser when away from the computer. If a customer becomes aware of any loss, theft or unauthorized use of a password, please notify BIOFOAM immediately by sending an e-mail message to webmaster@biofoamusa.com.
Contacting the Website
If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with this Website, or if you think that anyone has violated this Privacy Policy, please contact BIOFOAM at:
Webmaster
Biofoam, Inc.
3046 West Armitage
Chicago, IL 60647
webmaster@biofoamusa.com
Last updated: March 1, 2008
