Terms and Conditions

TM BioWater Inc.

Acceptance of Terms and Conditions

Please read these “Terms and Conditions” carefully. These “Terms and Conditions” govern your access and use of the TM BioWater, Inc. desktop and mobile websites as well as the provision and sale of products and services by TM BioWater, Inc. and/or its affiliates or partner providers. By accessing or using this website and its related software tools, its design modules, applications or any other TM BioWater, Inc. service, you agree to be bound by these “Terms and Conditions”. You are also bound by additional guidelines, restrictions, or conditions that may be posted herein in connection with specific sections or services of our website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference per these “Terms and Conditions.” If you use of this website on behalf of any business, organization, or other entity of any kind, you agree to warrant that you are authorized to accept these “Terms and Conditions” on its behalf and to bind such business, person, organization, or entity to same.

Every offer to perform work by TM BioWater, Inc. for the “Customer” – as in (transactions, orders, or agreements) between the two parties is governed by these “Terms and Conditions.” The applicability of all “Terms and Conditions” with the “Customer” and TM BioWater, Inc. shall be directly and only between these parties and no other entity.

TM BioWater, Inc. reserves the right to make changes to this website and to these “Terms and Conditions” at any time without prior notice. The “Customer” is obligated to review these “Terms and Conditions” for updates or changes as they may apply.

We may provide communications and notices to you electronically to the email address we have on file. Please check this frequently for updates. By setting up an user account, you agree to OPT-IN to our email distribution lists. You may OPT OUT anytime.

Use of Site

You are granted permission to access and use this website and its content for the purpose of business needs, preparing and ordering products or services solely through TM BioWater, Inc. (referred to herein as “products”). No other download, retention, use, publication, or distribution of any portion of the content is authorized or permitted. Obtaining products from Online (Canada) does not entitle you to use any portion of content apart from the finished products as they are supplied by TM BioWater, Inc..

You agree to use this site in a responsible manner that is in full compliance with these “Terms and Conditions” and within the laws and regulations of the United States of America – including export and import regulations. Without limitation, no portion of content may be utilized as a trademark or service mark, or for any pornographic use, or any unlawful purpose or use, or to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the website to produce products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. TM BioWater, Inc. reserves the right, in its sole discretion – to refuse to accept any content provided by you to TM BioWater, Inc. or to process any order at any time and for any reason. TM BioWater, Inc. also may terminate its service to and/or the accounts of customers found to be using TM BioWater, Inc. to engage in undesirable activities or otherwise violating these “Terms and Conditions.” You agree that TM BioWater, Inc. shall have no liability of any kind to you or to any third party arising from such refusal or termination.

You are solely responsible for your use of content in combination with any other images, graphics, text or other materials you incorporate into your products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any *unauthorized third party in your products unless you have obtained the appropriate authorizations from the owners. You warrant that your products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your products. By placing an order on this website, you warrant that you have all the necessary permission, right and authority to place the order and you authorize TM BioWater, Inc. to produce the products on your behalf. You grant Online Graphics Canada the right to copy, modify, distribute, use, create derivative works of and digitize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit TM BioWater, Inc. to copy, distribute, use, modify, create derivative works of and digitize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.

The customer agrees that the risk of loss and/or title for any product delivered by a third party carrier ( sent by TM BioWater, Inc. to the “Customer” through ( ie: any delivery carrier ) shall be the responsibility of the carrier to deliver any item safely to you under it’s appropriate guidelines of service and is not the responsibility in any way for TM BioWater, Inc..

Indemnification

You agree that you shall indemnify TM BioWater, Inc. and all parties from whom TM BioWater, Inc. has licensed portions of content, and their directors, officers, and employees, against all claims of – liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard website content and that you uploaded or otherwise provided to TM BioWater, Inc. or incorporated into products.

Disclaimer of Warranty

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Limitation of Liability

IN NO EVENT SHALL TM BioWater, Inc. OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OF A PRODUCT, LOSS OF DATA, OR ACCESS TO PRODUCT, OR BE RESPONSIBLE FOR A CUSTOMERS FINANCIAL LOSS OR DEBT , ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE ITS PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT WAS ORDERED FROM TM BioWater, Inc. OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM ERRORS, OMISSION, VIRUS, DELAY, HACKING, OR INTERRUPTION OF SERVICE IN ANY MANNER.
IN NO EVENT SHALL TM BioWater, Inc. BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO THE CUSTOMERS INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES.