Bio-Synergy Terms of Service 2023

The following Terms of Service (the “Terms of Service”) govern your use of the website located at https://www.bio-synergy.com/ (the “Website”), which is owned and operated by Bio-Synergy (“Bio-Synergy”, “Company”, “us” or “we”). We may, in our sole and absolute discretion, cancel, change, suspend or modify any aspect of the Website at any time, without notice to you. It is important to check the Website and these Terms of Service periodically.

Your access and use of the Website is subject to the following Terms of Service and all applicable laws. By accessing or using any part of the Website, you accept, without limitation or qualification, these Terms of Service. If you do not agree with all of these Terms of Service, you may not use any portion of the Website.

THESE Terms of Service GOVERN HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED. SPECIFICALLY, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE US TO ARBITRATE INSTEAD OF GOING TO COURT, AND REQUIRE THAT ALL CLAIMS BE BROUGHT INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER. SEE SECTION 16, BELOW, FOR MORE DETAILS.

Additional terms for Bio-Synergy’s Subscription Programs, including our Bio-Synergy Membership program (“Program”) are hereby incorporated into these Terms of Service.

ACCESSIBILITY: IF YOU ARE HAVING ANY TROUBLE ACCESSING THE WEBSITE, PLEASE EMAIL US MAKEITHAPPEN@BIO-SYNERGY.COM

1. Authorized Use of Website
This Website is provided for your personal and non-commercial use. Any other use of the Website requires the prior written consent of Company.

2. Unauthorized Use of Website
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Service. You may not frame portions of the Website within another website or application. You may not resell use of, or access to, the Website to any third party without our prior written consent.

3. Proprietary Rights
Company is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein (“Bio-Synergy Content”). Some materials on the Website belong to third parties who have authorized Company to display the materials, such as portfolio works, client logos, likeness, and trademarks and other proprietary materials. By using the Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms of Service, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms of Service are reserved by Company.

4. REGISTRATION AND PASSWORDS
In order to participate on this Website, you are required to create an account through the Website and provide specific information about yourself, including first and last name, email address, phone number and date of birth. All information submitted by you must be truthful, and you may not use any aliases or other means to mask your true identity. Any username or password should be safeguarded at all times. You are responsible for the security of your username and password and will be solely liable for any use or unauthorized use of your account. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy, the terms of which are incorporated herein.

5. No Ideas Accepted
Company does not accept any unsolicited ideas from outside the Company, including, without limitation, suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. You further understand that Company shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Company. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

6. Prohibited Activities
Company expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Website or while using the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to the Website or to other users anything that contains content that:

• is defamatory, abusive, obscene, profane or offensive;
  infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website);
  violates any party’s right of publicity or right of privacy;
• is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  promotes or encourages violence;
• is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
• is illegal or promotes any illegal activities;
  promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
• contains “masked” profanity (i.e., F*@&#);
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  Company is under no obligation to screen or monitor content, but may review content from time to time at its sole discretion. Company will make all determinations as to what Content is appropriate in its sole discretion. Company may edit or remove any content at any time without notice.

7. Disclaimer/No Warranties
WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEBSITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Website.

8. Waiver By California Residents:
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

9. Third Party Links:
This Website may contain links to other websites or applications not maintained by Company. Other websites or apps may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps. Through your use of the Website, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party but all limitations of liability and other rights of Company shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Website. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.

10. Changes to Terms:
All information posted on the Website is subject to change without notice. In addition, these Terms of Service may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

11. Indemnification:
You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, subsidiaries, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) your use of any products or services purchased through the Website, and (ii) any breach by you of any of these Terms of Service, our Privacy Policy, or applicable law. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.

12. Severability:
If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

13. Waivers; Remedies:
The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms of Service. The rights and remedies of Company under these Terms of Service and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.

14. DMCA Notice:
Materials may be made available via the Website by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.

If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent at makeithappen@bio-synergy.com.

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

15. International Access:
Our Website is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

16. Resolution of Disputes:
a. Governing Law: The laws of the State of New York shall govern these Terms of Service.
b. Arbitration: While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies between you and the Company arising out of these Terms of Service, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. In arbitration, as with a court, the arbitrator must honor these Terms of Service and can award the prevailing party damages and other relief, and the parties have the right to be represented by counsel of their choice. In arbitration, however, (i) there is no judge or jury (ii) the proceedings and outcome are generally subject to certain confidentiality rules, (iii) the discovery process is limited, and (iv) a court’s review of the arbitrator’s ruling is extremely limited.
The party filing arbitration must submit Claims to the American Arbitration Association (“AAA”) and follow its rules and procedures for initiating and pursuing arbitration. Any in-person hearing in the arbitration will be held in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and Company agree in writing. The arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current AAA Rules, and forms and instructions for initiating arbitration, by contacting the AAA at 800-778-7879, or by visiting the AAA’s website at www.adr.org.
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the AAA rules. The arbitration will follow the AAA’s then-current Consumer Arbitration Rules (the “AAA Rules”), unless those AAA Rules are inconsistent with these Terms of Service, in which case these Terms of Service govern. The payment of all AAA and arbitrator fees and costs will be in accordance with the AAA Rules. Subject to those AAA Rules, each party to the arbitration will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but the prevailing party in the arbitration may recover any or all costs or expenses from the other party if the arbitrator, applying applicable law and the AAA Rules, so determines. The arbitrator’s award is final and binding on the parties.
The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court’s jurisdiction.
c. Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, “PRIVATE ATTORNEY GENERAL” ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
If, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to these Terms of Service holds that this class action waiver provision is unenforceable as to any Claim you have brought, then our agreement to arbitrate will not apply, and your Claim must be brought exclusively in court in New Jersey.
d. Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.

17. Miscellaneous
These Terms of Service do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Service without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms of Service shall be construed as if followed by the phrase “without limitation.” These Terms of Service, including any terms incorporated herein, consist of the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to these Terms of Service) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.

18. Contact Us
Should you have any questions regarding these Terms of Service you may contact us at makeithappen@bio-synergy.com.

Terms and Conditions for the Bio-Synergy Health Membership Program
Effective: February 12, 2023
The following Terms and Conditions (the “Terms and Conditions”) govern your participation and membership in the Bio-Synergy Membership program (“Program”) administered by Bio-Synergy (“Bio-Synergy”, “Company”, “us” or “we”). We may, in our sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program at any time, without notice to you. It is important to check the Website and these Terms and Conditions periodically.

1. Eligibility: To be eligible for the Program, you must be a resident of the fifty (50) United States or the District of Columbia and at least eighteen (18) years of age. The Program is void where prohibited by law.

2. Program Membership:

a. Become a Member. To become a Member of the Program, visit the Website and purchase a Bio0-Synergy Membership Subscription Plan or a Single Bio-Synergy Test Kit.

b. Sign-in to your Bio-Synergy account via the Bio-Synergy app.

i. If you do not already have an account, create an account on the Website / app by providing your first and last name, email address, phone number and date of birth. We cannot process your sample unless you create an account for the Program. You must agree to the informed consent form (“Consent”) in order to create an account and receive your results. The terms of the Consent are incorporated herein.

ii. If you already have an account, sign into your account by providing your email address and password.

c. Approximately seven (7) days afterwards, you will receive an at-home Bio-Synergy Test Kit (“Kit”) in the mail.
d. What’s in the Kit?

Mailer box.
Non-invasive saliva collection kit.
Unique kit registration code.
Pre-paid shipping label.
Instructions for use.
e. Instructions for Use
Register your kit by downloading the Bio-Synergy app and register or by scanning the QR code below and follow the instructions to log in or create an account.
Scan the barcode on the vial or manually enter the vial.
Tips for taking the sample:
We recommend taking your test first thing in the morning.
Do not eat or drink anything for at least 30 minutes prior to taking your sample.
Remove the swab by slowly twisting out with a corkscrew motion. Discard the swab. Replace the cap on the vial, close tightly, and put the vial in the biohazard bag. PLEASE DO NOT PLACE THE SWAB IN THE BIOHAZARD BAG.
Put the biohazard bag (with the completed vial inside) back in the foam insert inside the mailer box. Peel off the adhesive strip protector on the mailer box lid flap, close the lid, and press firmly on the flap to seal the mailer box closed.
Place the prepaid mailer box in any USPS mailbox or drop off at any USPS location.
f. Notification of Results: Company will contact you via email and SMS when your sample has been received and accepted and when your DNA has been extracted and sequenced. Approximately 4 weeks after the lab receives your sample, you will receive an email and SMS notification that your results are available through the Bio-Synergy app. You will not receive your results unless you have created an account for the Program and agreed to the Consent. You will need to provide your email address and password in order to log into your account to obtain your results.

g. Restrictions: Company will notify you if the lab is unable to process your sample. Our lab may not be able to process your sample if your sample has been damaged or lost during shipping or if you do not correctly follow the instructions or if you fail to register the Kit. See Section 8 for more information regarding Company’s Retesting Policy.

h. Subscription Plans. If you purchase a Subscription Plan, you can take a Bio-Synergy Test every 3 months throughout your Subscription Period.

3. Program Conditions: By participating in the Program, you acknowledge, agree and represent that:

a. You can form a binding contract with Company and are at least 18 years old.
b. Any sample you provide to Company is your own, and you are the registered member of the account associated with the sample.
c. You will follow all guidance and instructions that we provide to you, including in these Terms and Conditions, on the Website, and in the Kit.
d. You will comply with all applicable laws, rules and regulations, including, without limitation the laws, rules and regulations of the state or jurisdiction in which you reside.
e. You will not use any Bio-Synergy Content (as defined in Section 3 of the Terms of Service) for unauthorized purposes or in any way that may violate copyright, trademark, and other laws.
f. You may not sell, transfer, assign, license, sublicense, or modify any Bio-Synergy Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Bio-Synergy Content in any way for any public, medical, or commercial purpose.
g. All information provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
h. You will ship your Sample using only the materials that we provide to you in the Kit.
i. You will use the prepaid shipping label when shipping your Sample, and will not use any other shipping carrier or service other than what is designated on the shipping label. You understand that we are not responsible to the carrier’s inability to ship the Kit or for any issues you may encounter at the carrier.
j. You grant permission to Company, its contractors, successors and assignees to analyze the submitted sample and you specifically request Company to disclose to you the results of the sample in accordance with these Terms and Conditions.
k. You grant permission to Company, its contractors, successors and assignees to store information about your sample and use such information for future research purposes.
l. You understand that by providing any sample, having your information processed, accessing your information, or providing information, you acquire no rights in any research or commercial products that may be developed by Company or its contractors, successors and assignees. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your information.
m. Your sample, once submitted to and tested by Company, is processed in an irreversible manner and cannot be returned to you.
n. By participating in the Program, you acknowledge, agree and represent that, you will not resell the Kit or any products associated with the Program.
o. You warrant to Company that you will not use the Program, the Website and/or the Kit for any purpose that is unlawful or prohibited by these Terms and Conditions or the Website Terms of Service and you may not use them in any manner that could damage, disable, overburden, or impair the Program or interfere with any other party’s use and enjoyment of the Program.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide the representations in these Terms and Conditions and you explicitly waive any laws or regulations relating to DNA samples, and their storage from the state or jurisdiction in which you reside.

4. Placing an Order. The prices charged by Company for the Program will be those in effect on the date of your purchase. When placing your order, the checkout page will specify the types of purchases you can make, including the following:

Single Bio-Synergy Test (one time purchase)
Subscription Plans:
Monthly Subscription Plans billed each month: THERE IS A 3-MONTH COMMITMENT FOR MONTHLY PLANS. IF YOU CANCEL DURING THE FIRST 3 MONTHS OF YOUR SUBSCRIPTION, YOU WILL BE CHARGED A CANCELLATION FEE (TO THE CARD ON FILE) EQUIVALENT TO THE SUBSCRIPTION FEE(S) FOR THE REMAINDER OF YOUR FIRST 3 MONTHS.
6 Month Subscription Plans billed each month: IF YOU CANCEL DURING YOUR 6 MONTH TERM, YOU WILL BE CHARGED A CANCELLATION FEE (TO THE CARD ON FILE) EQUIVALENT TO THE TOTAL SUBSCRIPTION FEES FOR THE REMAINDER OF YOUR 6 MONTH SUBSCRIPTION TERM.
12 Month Subscription Plans billed each month: IF YOU CANCEL DURING YOUR 12 MONTH TERM, YOU WILL BE CHARGED A CANCELLATION FEE (TO THE CARD ON FILE) EQUIVALENT TO THE TOTAL SUBSCRIPTION FEES FOR THE REMAINDER OF YOUR 12 MONTH SUBSCRIPTION TERM.
5. Subscription Terms. If you purchase a Subscription Plan, unless you cancel prior to the end of that Subscription Period (defined below) in accordance with these Terms and Conditions, you will be charged the automatically-renewing membership fee that is due at the end of your Monthly, 6-Month or 12-Month (as applicable) subscription period (each a “Subscription Period”). Company reserves the right to update, change, modify or terminate your Subscription Benefits (defined below) at any time in its sole discretion. FOR THE AVOIDANCE OF DOUBT, COMPANY MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION.

a. Subscription Plans Automatic Renewal. Once your order is accepted, you acknowledge and agree that your purchase shall include automatically renewing subscription charges for the Subscription Plan plan you have selected (e.g., Monthly, 6-Month or 12-Month). You authorize Company to charge your chosen payment method on the recurring basis specified on the checkout page in conjunction with your purchase until you cancel your Automatic Renewal plan or Company suspends, ends or otherwise terminates your access to the Subscription Plan, which it may do at any time.
b. Subscription Benefits. Your access to the Subscription Plan provides you with the opportunity to use certain benefits (“Subscription Benefits”), including, the following:
Biological age shipped and tested quarterly
Supplements – shipped monthly taken daily
Digital experience
View Bio-Synergy test result (biological age test results)
Complete lifestyle quiz and view results including scores for diet, mental health, sleep, fitness, and habits
Personalized content & lifestyle recommendations Browse wellness-related content
c. Usage and Modification of Subscription Benefits. Your non-use of any Subscription Benefits will not obligate Company to provide you with any refund, in whole or in part, of your fees, except as provided in these Terms and Conditions. Your continued use of the Subscription Benefits reaffirms that Company is authorized to charge your payment method on the recurring basis to which you agreed at enrollment. You may also choose to change or upgrade your Subscription Plan at any time by emailing the Company via makeithappen@bio-synergy.com. Any new charges to which you agree for a new Subscription Plan shall be charged to your chosen payment method on a recurring basis for the package you have selected upon all of the terms set forth herein at the start of the new Subscription Period, and you shall have access to your new Subscription Benefits after the start of such Subscription Period.
d. How to Cancel Your Subscription Plan. You may cancel your Subscription Plan at any time subject to these Terms and Conditions. To cancel your Subscription Plan, go to the Subscription Page within Settings to see the message that corresponds to your Subscription Plan. If you tap to complete the cancellation form, Company will then cancel your Subscription Plan in accordance with these Terms and Conditions. If a cancellation fee applies in accordance with Section 5(e) herein, Company will communicate this to you and provide instructions on paying the cancellation fee. To avoid further charges, your cancellation request must be submitted before the start of the next Subscription Period. If you cancel your Subscription Plan, you may use your Subscription Benefits until the end of the Subscription Period for which you have paid and your Subscription Plan will not be renewed once that Subscription Period ends.
e. Cancellation Fees.
i. IF YOU PURCHASED A MONTHLY SUBSCRIPTION PLAN, YOU UNDERSTAND THAT THERE IS A 3-MONTH COMMITMENT FOR THAT PLAN. IF YOU CANCEL DURING YOUR FIRST 3 MONTHS OF YOUR SUBSCRIPTION, YOU WILL BE CHARGED A CANCELLATION FEE (TO THE CARD ON FILE) EQUIVALENT TO THE SUBSCRIPTION FEE(S) FOR THE REMAINDER OF YOUR FIRST 3 MONTHS. FOR EXAMPLE, IF YOU PAY $199 FOR SUBSCRIPTION MONTH 1 AND $199 FOR SUBSCRIPTION MONTH 2 AND CANCEL ON DAY 48 OF YOUR SUBSCRIPTION PERIOD, YOUR CANCELLATION FEE WILL BE $199 (3 X $199 MONTHLY SUBSCRIPTION FEE LESS THE $398 YOU PAID FOR 2 MONTHS).
ii. IF YOU PURCHASED A 6-MONTH SUBSCRIPTION PLAN, YOU UNDERSTAND THAT YOU WILL BE CHARGED A CANCELLATION FEE (TO THE CARD ON FILE) EQUIVALENT TO THE TOTAL SUBSCRIPTION FEES FOR THE REMAINDER OF YOUR 6 MONTH SUBSCRIPTION PERIOD. FOR EXAMPLE, IF YOU CANCEL IN THE THIRD MONTH OF YOUR 6-MONTH PLAN, YOUR CARD ON FILE WILL BE CHARGED FOR THE REMAINING 3 MONTHS OF YOUR 6-MONTH SUBSCRIPTION PERIOD.
iii. IF YOU PURCHASED A 12-MONTH SUBSCRIPTION PLAN, YOU UNDERSTAND THAT YOU WILL BE CHARGED A CANCELLATION FEE (TO THE CARD ON FILE) EQUIVALENT TO THE TOTAL SUBSCRIPTION FEES FOR THE REMAINDER OF YOUR 12 MONTH SUBSCRIPTION PERIOD. FOR EXAMPLE, IF YOU CANCEL IN THE 6 MONTH OF YOUR 12-MONTH PLAN, YOUR CARD ON FILE WILL BE CHARGED FOR THE REMAINING 6 MONTHS OF YOUR 12-MONTH SUBSCRIPTION PERIOD.
f. How to Pause Your Subscription Plan.
If you purchased a Monthly Subscription Plan, you may pause your Subscription Plan for one (1) year at any time subject to these Terms and Conditions.
If you purchased a 6-Month Subscription Plan, you may pause your Subscription Plan for a three (3) month period each year of the Subscription Period at any time subject to these Terms and Conditions.
If you purchased a 12-Month Subscription Plan, you may pause your Subscription Plan for a three (3) month period each year of the Subscription Period at any time subject to these Terms and Conditions.
You will not be charged while your Subscription Plan is on pause in accordance with these Terms and Conditions. To pause your Subscription Plan, go to the Subscription Page within Settings to see the message that corresponds to your Subscription Plan. If you email us at makeithappen@bio-synergy.com from the email address associated with your membership telling us that you want to pause your Subscription Plan, Company will pause your Subscription Plan. While your Subscription Plan is paused, you will not be able to use your Subscription Benefits until you remove the Subscription Plan from pause. In order to remove your Subscription Plan from pause, you must contact makeithappen@bio-synergy.com from the email address associated with your membership to ask to resume your membership in your Subscription Plan.
6. Terms of Purchase: By participating in the Program, you signify that you have read, understand and agree to be bound by these purchase terms as set forth in these Terms and Conditions that are in effect at the time of purchase (“Terms of Purchase”). These Terms of Purchase are subject to change without prior written notice at any time, in our sole discretion, and such changes shall apply to any purchases made after such changes are posted on the Website. Therefore, you should review these Terms of Purchase prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Purchase, do not participate in the Program.

a. General Ordering and Billing Conditions. You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements, if applicable) in regard to the possession or use of any item purchased from Company.
b. Pricing and Payment: You agree to pay Company for all charges at the prices then in effect for the Program, and you authorize Company or its designated payment processor to charge your payment provider for any such purchases. All payments are to be made in United States Dollars. Posted prices do not include sales tax, which will be charged to you when applicable. Only major credit cards, Shop Pay, Apple Pay, Google Pay, Meta Pay are eligible for billing and Company reserves the right to reject debit cards, gift cards, pre-loaded cards or similar billing devices. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested payment. Company disclaims any liability for damages or losses relating to any loss of profits or loss of commission as a result of business transactions not concluded due to price increases.
c. Shipping and Delivery: All packages are shipped Monday through Friday via USPS. Please note that delivery times posted by USPS do not include weekend. USPS ground transit times vary greatly depending on shipping destination.
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to these Terms and Conditions. You are responsible for filing any claims with carriers for damaged and/or lost shipments. All shipments are at your own risk.
Any delivery times that may be quoted by us are approximate and not binding. The fact that a delivery time has been exceeded does not entitle you to return your order or to claim damages of any kind. Our obligation to make any delivery is postponed for so long as you are in arrears in any payment to us.
d. Force Majeure: Company shall not be liable for any delay or failure to perform our obligations due to any cause beyond our reasonable control including, without limitation, fire accident, act of public enemy, war, rebellion, insurrection, sabotage, transportation delay, shortage of raw material, energy or machinery, epidemics, pandemics, or act of God, government or the judiciary.
e. Corrections: We attempt to be as accurate as possible and eliminate errors on the Website, however, we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a Kit or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Website at any time without notice, revise your order accordingly if necessary (including charging the correct price) and/or cancel your order and refund any amount charged.

7. Replacement Policy: You should inspect the Kit for damage immediately upon delivery. If you notice any damage to your Kit, contact us via makeithappen@bio-synergy.com within 30 days of your delivery date including photo(s) of the damaged Kit. Upon receipt of your photo(s), Company will make a determination, in its sole discretion, whether the Kit claimed to be damaged or defective was actually damaged or defective when originally delivered to you. Company will not replace Kits that, in its reasonable discretion, have been used, altered or damaged by you or a third party for which it is not responsible. Company reserves the right, in its sole discretion, to not replace a Kit that does not comply with this Section 7.

8. Retesting Policy: Company is not responsible for your failure to take a proper sample or if your sample is otherwise defective. If the sample you provide us is otherwise defective, cannot be tested or the tests are inconclusive, we will contact you through the information you provided in your account. In such event, you will need to pay a $50 Retesting Fee to receive a new Kit. If the sample you provide us cannot be tested or the tests are inconclusive due to Company’s fault, we will make a determination, in our sole discretion, whether you are eligible to receive a replacement Kit, or whether to provide you with a credit for future services. All decisions with respect to Company’s Retesting Policy are in Company’s sole discretion.

9. Disclaimers; Limitation of Liability: THIS PROGRAM IS NOT INTENDED TO DIAGNOSE ANY CONDITION OR DISEASE, IS NOT INTENDED TO BE USED FOR ANY DIAGNOSTIC PURPOSE AND DOES NOT CONSTITUTE A DIAGNOSTIC TEST. THIS PROGRAM IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE PROGRAM IS SOLELY FOR EDUCATIONAL AND WELLNESS PURPOSES. NOTHING INVOLVED IN THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY COMPANY MATERIALS, WELLNESS REPORTS, LAB RESULTS, ADVICE, OR OTHER COMMUNICATIONS FROM COMPANY (WHETHER ORAL OR WRITTEN), SHALL BE RELIED UPON AS MEDICAL ADVICE. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR BIOLOGICAL AGE, WELLNESS REPORTS, OR LAB RESULTS, YOU SHOULD CONTACT YOUR PHYSICIAN OR HEALTH CARE PROVIDER.

COMPANY MAKES NO REPRESENTATION OR GUARANTEE THAT THE PROGRAM WILL EXTEND YOUR LIFE SPAN AND/OR IMPROVE YOUR HEALTH.

YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISING AND PROMOTIONS AGENCIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SUCCESSORS, AGENTS AND ASSIGNS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE (COLLECTIVELY, “RELEASED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE PROGRAM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING AND/OR USAGE OF TRADE. COMPANY MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, APPROPRIATENESS, USEFULNESS, FUNCTIONALITY, RELIABILITY, HARMFULNESS AND/OR LEGALITY OF ANY THIRD PARTY WEBSITES, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, INACCURACIES AND/OR OMISSIONS OF CONTENT, MATERIALS AND/OR INFORMATION IN AND/OR IN CONNECTION WITH THE WEBSITE OR THE PROGRAM, INCLUDING, BUT NOT LIMITED TO THE WELLNESS REPORTS, LAB RESULTS, AND/OR OTHER COMMUNICATIONS FROM COMPANY, (B) ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND/OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR THE PROGRAM (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE AND/OR ANY PROVISION OF THE PROGRAM, AND/OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR OWN JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE WEBSITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY IN CONNECTION WITH THE PROGRAM DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

10. Indemnity. If you have submitted a Sample or otherwise provided your own information, you will defend and hold harmless the Released Parties from any liability arising out of the use or disclosure of any information obtained from analyzing your Sample and/or analyzing your information, which is disclosed to you consistent with our Privacy Policy. In addition, if you choose to provide your information to third parties – whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes – you agree to defend and hold harmless the Released Parties from any and all liability arising from such disclosure or use of your information.