Terms of Service

Last updated on January 29, 2021

 

OVERVIEW 
This website is operated by Hans Biomed USA, INC.. Throughout the site, the terms “we”, “us” and “our” refer to Hans Biomed USA, INC.Hans Biomed USA, INC. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - ONLINE STORE TERMS 
By agreeing to these Terms of Service, You represent that you are at least the age of majority in Your state of residence.

You may not use Our products for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).

You acknowledge and agree to not send Us or use on the Site any prohibited content which includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

A breach or violation of any of the Terms will result in an immediate termination of Your Services and We may pursue all legal remedies.

SECTION 2 - GENERAL CONDITIONS 

We grant You a limited license to access and use the Site for Your professional use, and to copy, distribute, transmit and print the content of this Site only to the extent that such copying, distribution and transmission is automatically done through Your browser software incidentally to using the Site for Your professional use. This license does not include any right to resell it or make commercial use of this Site or its contents; any downloading or copying of account information for the benefit of any merchant; or any making use of any data mining, robots or data gathering and extraction tools.

Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without Our express written consent. You may not use any meta tags or any other "hidden text" utilizing the Hans Biomed USA, INC. and GBR name or trademarks without Our express written consent. Any unauthorized use terminates the permission or license granted and could subject You to legal consequences.

We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if You engage in any conduct or activities that We determine, in Our sole discretion, violate these Terms of Service, Our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected deceptive trade practices, phishing, spamming, counterfeiting, identity theft or fraud. The sale or linking of this Site or Our products on or to any third party e-commerce site, marketplace or mobile application without Our specific written consent is prohibited.

Each time You use Your password or identification, You will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and HL has no obligation to investigate the authorization or source of any such access or use of the Site.

 

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of Your password and identification. You shall immediately notify Us of any unauthorized use of Your password or identification or any other breach or threatened breach of this Site’s security.

At the time of your first order on the Site, we will request your shipping and payment information. All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms of Service.

See this https://store.hansgbr.com/pages/privacy-policy

As a subscriber and/or registered user of the Site, Your agree that we may send you emails promoting any special offer(s), including third party offers, as well as monthly newsletters, unless you opt-out at any time either in your account settings, by using unsubscribe buttons in emails you receive from us or by emailing us indicating that you would like to unsubscribe from marketing emails.


We reserve the right to refuse service to anyone for any reason at any time. 

Credit card information is always encrypted during transfer over networks.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

The material on this Site is provided for general information only for professionals and should not solely be relied upon or used as the sole basis for making decisions. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on Our Site. You agree that it is Your responsibility to monitor changes to Out Site and conduct independent evaluation of the suitability of Our products.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for Our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Goods or Service (or any part or content thereof) without notice at any time. 
We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of a Good or Service. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to Our Return Policy.

We have made every effort to display as accurately as possible the colors and images of Our products that appear at the Site. We cannot guarantee that Your computer monitor’s display or any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of Our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that We offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION; ORDERING AND PRODUCT AVAILABILITY; PAYMENTS

To register and create an Account on Our Site, complete the registration form by providing Information such as Your valid email address and creating a password.

By placing an Order on the Site, You are (i) offering to purchase a product, (ii) representing that You are of legal age to form a binding contract, and (III) representing that all Information You provide Us in connection with such Order is true and accurate and You are an authorized user of the payment method provided. The receipt by You of an Order confirmation does not constitute the acceptance of an Order. We retain the right to refuse any request made by You.

Prior to the acceptance of an Order, verification of Information may be required. We reserve the right at any time after receipt of Your Order to accept or decline Your Order, or any portion thereof, even after Your receipt of an Order Confirmation, for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse Service to You without prior notification. If We refuse an Order, We will refund any payments received.

All features, specifications, products, prices of products and Services, discounts, promotions, and offers described on Our Site are subject to change at any time, and We reserve the right to make changes to them without notice to You. We have made every effort to display as accurately as possible the colors of Our products that appear on the Site; however, the actual color You see when You view the item for purchase depends on many factors, including Your eyesight, Your computer, its resolution and screen size and view settings, and We cannot guarantee that Your computer will accurately display Our colors. Products are available while supplies last. All prices and products advertised are subject to change.

The risk of loss and title for product(s) purchased by You pass to You upon Our delivery of the product(s) to the carrier.

We may, In Our sole discretion, limit or cancel quantities purchased per person, per Company or per Order. These restrictions may include Orders placed b or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an Order, We may attempt to notify You by contacting the email and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and Account Information for all purchases made at Our Site. You agree to promptly update Your Account and other Information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transactions and contact You as needed.

For more detail, please review Our Return/Exchange Policy.

SECTION 7 - OPTIONAL TOOLS 
We may provide You with access to third-party tools over which We neither monitor nor have any control nor input. 
You acknowledge and agree that We provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools. 
Any use by You of optional tools offered through the Site is entirely at Your own risk and discretion and You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS 
Certain content, products and services available via Our Service may include materials from third-parties. Third-party links on this site may direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of Goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If You send Us specific creative ideas, suggestions, proposals, plans, or other materials, whether online, by email by postal mail, or otherwise (collectively, ‘comments’), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to ay comments.

You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.

SECTION 10 - PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy go here https://store.hansgbr.com/pages/privacy-policy

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 12 - PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Hans Biomed USA, INC. , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 14 - INDEMNIFICATION 
You agree to indemnify, defend and hold harmless Hans Biomed USA, INC.  and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 15 - SEVERABILITY 
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 16 - TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 17 - ENTIRE AGREEMENT 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 18 - GOVERNING LAW 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California. 

SECTION 19 - CHANGES TO TERMS OF SERVICE 
You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 20 - CONTACT INFORMATION 
Questions about the Terms of Service should be sent to us at hansgbr@hansbiomed.us

Section 21 -Dispute Resolution:

Any dispute or claim relating in any way to:

  • Your registration on Our website,
  • Your use of Our website,
  • Your purchase of Goods from Our website,
  • Any other access You make to Our website
  • Your Personal Information shared with Us,
  • Your relationship with Us or Our website, or
  • The subject of a purported class action litigation in which You are not a member of a certified class;

Will be resolved by binding arbitration. The Federal Arbitration Act and federal arbitration law will control and apply to this agreement. There is no judge or jury in an arbitration.

To begin a disputed claim, you must send a letter/email to Us describing Your claim to Our registered agent at hansgbr@hansbiomed.us and at one of our offices below.

Hans Biomed USA, INC. – CA Office       Hans Biomed USA, INC. - NJ Office

 

If We are unable to resolve it then You may then proceed to file a petition to arbitrate. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, under the AAA’s rules available at www.adr.org. At its conclusion, the Arbitrator will issue a written finding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Neither party will recover its attorney fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, written submission, or in person, either in the county where You live, or in Los Angeles County, California, as you choose.

We each agree that We waive any right to a jury trial, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, and that You will not act as a plaintiff or class member in any purported class or representative proceeding or act as a private attorney general. We also both agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Within thirty (30) calendar days after the arbitration demand is served up on a party, the parties must jointly select an arbitrator who has knowledge of and experience with the subject matter of the dispute. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration.

 The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable to any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term of provision in any other jurisdiction. The parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of Your agreement to participate in any of our Programs.

Section 22 – Patient Disclaimer

Hans Biomed USA, INC.’s provision of Products, training, or other Services to a medical provider, or the listing of a medical provider using Our Products or Services, including trainings, does not constitute Hans Biomed USA, INC.’s endorsement, representation of assurance regarding the medical provider’s qualifications, skills or experience, or affiliation. Medical providers are independent from Hans Biomed USA, INC. and subject to their jurisdiction’s licensing requirements. Hans Biomed USA, INC. assume no liability for Services provided by any medical provider. Patients are advised to independently investigate the qualifications of any medical provider. The medical provider in Our case is the main Account holder within our Site.

Our provision of Products, training or other Services to medical providers is not intended, in any way, as the practice of medicine. Our Product Information in any website, Product brochure, or in responses to any patient inquiry is intended for informational purposes only and makes no guarantee regarding any medical procedure. Decisions whether to use Hans Biomed USA, INC. Products of their appropriateness for use should be done in consultation with One’s medical provider.