Welcome to the website (the “Website”) for BioNitrogen Holdings Corp. The following are terms of a legal agreement between you and BioNitrogen Holdings Corp. (such terms, the “Terms”). By accessing, browsing or using the Website, you acknowledge that you have read and understood the Terms and agree to comply with and be bound by the Terms and all related provisions incorporated by reference. In addition, by accessing, browsing or using the Website, you agree to comply with all applicable laws and regulations. Please review these Terms carefully before using the Website and related information provided by BioNitrogen Holdings Corp., its subsidiaries and affiliates (collectively, “BioNitrogen,” “we” or “us”). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE WEBSITE.
The Terms will govern your access to the Website and the use of the data or information you obtain from such access.
We may, without notice to you, at any time amend, supplement or revise these Terms and any other information contained on this website. Any such modifications will be made available online and will be effective immediately upon posting to the Website. You should review the Terms prior to using the Website. Your continued use of the Website after any changes to these Terms are posted will be considered acceptance of those changes.
Nothing contained in the Website shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of BioNitrogen or any third party.
COMPLIANCE WITH LAW
You shall not use, access or link to the Website, nor shall you use, access or review any information contained on the Website in any manner that will violate any statute, regulation or other law of any validly constituted jurisdiction, including without limitation any municipality, county, district, region, state, province, nation or international body. Your access to the Website or to the information contained within the Website may violate the laws of certain jurisdictions. You are encouraged to consult with the appropriate legal advisors to determine whether the laws of your jurisdiction allow for your access to the Website and for the information contained in the Website. You agree not to impersonate another person in your use of the Website or in the sending of any e-mail to an address listed on the Website. You may not use the Website in any manner which could damage, disable, overburden or impair the Website, or which could interfere with another person’s or entity’s use and enjoyment of the Website. In addition you may not take any action which may possibly compromise the integrity of, or otherwise modify, any information contained on the Website.
OWNERSHIP OF CONTENT
Each of the following is owned, controlled or licensed by or to us, and is protected by intellectual property laws (the “Intellectual Property Laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws:
1. The Website, including without limitation all past, present and future versions of the Website;
2. all pages found within the Website;
3. the material and information on the Website;
4. all graphics, text, HTML code, images, graphics, audio, videos, multimedia clips, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, icons, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and the selection and arrangement of such content contained on the Website (the items described in this Section 4, collectively, the “Content”); and
5. trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not.
We hereby grant to you a limited, non-transferable, non-exclusive right to access and use the Website and related Content solely for your personal, non-commercial use in seeking information regarding us and our business. This licence authorizes you to view and download a single copy of the Content and the other materials on the Website solely for your personal, non-commercial use. Except as specifically stated herein, you may not modify, copy, distribute, transmit, display, publish, or create derivative works from the Content or use the Content for any commercial purpose whatsoever. Except for the limited licenses expressly granted to you in the Terms, we reserve for ourselves all other right, title and interest in and to the Content. You acknowledge that the software, algorithms and other processes used to provide the: (i) Content (other than content owned by you or by any third party), (ii) usernames, (ii) passwords, and (iv) look, feel and functionality of the Content are the property of BioNitrogen. In using the Website or the related Content, you acknowledge and agree to abide by all applicable Intellectual Property Laws, as well as any specific notices contained on the Website. All rights not expressly granted are reserved.
“BioNitrogen” and the BioNitrogen logo are trademarks of BioNitrogen Holdings Corp. The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the Website are common law service marks, trademarks or registered service marks or trademarks of BioNitrogen Holdings Corp. or its subsidiaries, and are protected by trademark laws in the United States and in all other applicable countries, and international laws and treaties. All other Marks that appear throughout the Website are the property of their respective owners. Reference to any Marks described in the previous sentence does not suggest sponsorship, endorsement or association with BioNitrogen. You fully understand and acknowledge that you are not granted any right or license whatsoever to use any of the Marks and logos described in this paragraph, and that all such use of any of the Marks appearing throughout the Services is strictly prohibited without the prior written consent of BioNitrogen.
You understand that the Website also contains or may contain copyrighted or other proprietary materials of BioNitrogen, its sponsors, advertisers or other third parties. You understand and acknowledge that, except as strictly necessary for personal viewing and use of the Website by means of a standard Internet browser (such as Microsoft Internet Explorer or Mozilla Firefox), you are not granted any right or license to use, link to, reproduce, reverse engineer, modify, duplicate, distribute, display or manipulate any such copyrighted materials used or displayed on the Website or to permit others to do the same. In addition, you understand and acknowledge that all such uses are prohibited without the prior written consent of BioNitrogen.
The sites linked to or from the Website are not under our control. Therefore, we are not responsible for the contents of any linked site or any link contained in a linked site (collectively, the “Link Contents”). In addition, we make no representations, warranties or conditions concerning the Link Contents. It is your responsibility to verify any information which comprise all or a portion of the Link Contents before relying on it. Also, the information which constitute all or a portion of the Link Contents may be changed, modified and/or updated at any time without notice. We provide you with access to the Link Contents as a matter of convenience only and the inclusion of any link (or the provision of any associated Link Contents) does not imply endorsement, sponsorship, affiliation, association, investigation or verification by us of such linked site or such Link Contents (as applicable). We do not authorize the use of the intellectual property contained within any websites owned and/or maintained by a third party unaffiliated with us. In addition, no website owned and/or maintained by a third party is authorized to use any intellectual property that is owned by us without our express, written consent. Your use of linked websites or of any Link Contents (as applicable) may be subject to applicable terms and conditions, which you should locate and carefully review.
You may link to the Website, but under no circumstances are you allowed to: (1) present false or misleading information about us or our products; (2) imply that we endorse either you or your products or services; or (3) misrepresent your relationship with us.
Except for historical information and discussions, statements set forth throughout the Website may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, Section 21E of the Securities Exchange Act of 1934, as amended, and Section 27A of the Securities Act of 1933, as amended, and is subject to the safe harbors created by those sections. These statements involve a number of risks as well as uncertainties, including those discussed in this cautionary statement and elsewhere on the Company’s web site. These risks and uncertainties, either in isolation or combined with other factors, could cause the Company’s actual results to differ materially from the results which may be inferred or implied in the Company’s forward-looking statements. These risks and uncertainties include without limitation those described in documents which may be found on the OTC Markets website at www.otcmarkets.com. Except as required by law, the Company assumes no obligation to update these forward-looking statements publicly, or to update the reasons actual results could differ materially from those inferred or implied in any such forward-looking statements, even if new information becomes available in the future. Readers are cautioned not to rely too heavily on the forward-looking statements contained within this website because these forward-looking statements are relevant only as of the date they were made.
To access certain sections of the Website, we may ask you to provide personal information, such as your e-mail address, name or telephone number. We only collect your personal information when you specifically and knowingly provide it on the Website. If you do provide any of the information asked for on the Website, you are expressly consenting to and have knowledge of the collection, use and disclosure of this information, as identified in the provisions of the Terms.
In addition, we may collect information regarding your visit to the Website. This information includes the amount of time spent on the Website by a visitor with a unique Internet identifier, the pages visited and returned to the operating system, and web browser used, the website which referred the visitor to our Website (if applicable) and any keywords used to find our Website on a search oriented website (such as Google or Bing). We collect and use such information to operate and improve the experience, content and layout of the Website.
DISCLAIMER OF WARRANTIES
Your use of and access to the Website and/or any content posted on the Website is at your sole risk. The Website and related content are provided for informational purposes only on an “as is” and “as available” basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, availability, accuracy, omissions, fitness for any particular purpose, completeness or timeliness. By providing the information contained on the Website, we do not intend to provide legal, accounting, investment or tax advice and you should not rely upon such information in that manner. We make no representations, warranties or guarantees as to the quality, suitability, truth, timeliness, accuracy or completeness of the information contained on the Website. The information contained on the Website may not always be the most current source for information. We also make no representations, warranties or guarantees that the quality and reliability of any information obtained from the Website or that any such information will meet your expectations and requirements. In addition, we do not warrant that the Website and/or the information contained on the Website will be free from errors, defects, program limitations, viruses or other harmful components. You assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business as a result of your use of the Website or the information contained on the Website.
LIMITATION OF LIABILITY
We expressly disclaim any liability for any use or reproduction of the Website or any related materials. This means that in no event shall we be liable for any direct, indirect, special, consequential, punitive or incidental damages whatsoever. In addition, in no event shall we be liable for damages for lost profits, loss of revenue, business interruption, loss of business information, loss of use or any other pecuniary loss which may arise out of or related to the use of or the inability to use the Website, any related content or information or any other website you may access through this Website, even if we have been advised of the possibility any such damages. Our declaration that we will not be liable for damages as described in this paragraph is applicable whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
You agree to defend, to indemnify and to hold BioNitrogen, and its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any and all liabilities, costs and expenses arising from your use of the Website and any related content from your breach of the Terms. This indemnification obligation will survive the termination of these Terms.
If one or more provisions contained in these Terms shall, for any reason, be held to be invalid, illegal or unenforceable in any respect under the laws of any applicable jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of the Terms, but the Terms shall be construed as if such invalid, illegal or unenforceable provision or provisions had been omitted.
No waiver of any provisions of the Terms shall be deemed a continuing waiver, nor shall it be deemed a waiver of any other provision of the Terms.
If you breach any provisions of the Terms, we will automatically and immediately terminate your access to the Website and to any information contained herein. In addition, we reserve the right, in our sole discretion, to terminate your access to the Website, or your access to any information contained on the Website (or any portion of such information) at any time without notice.
The Terms are governed by and construed in accordance with the laws of the State of Florida. By accessing, browsing or using the Website and/or by using, reviewing or obtaining the information contained on the Website, you specifically agree that the state or federal courts which are situated in Dade County, Florida, shall have personal and subject matter jurisdiction and exclusive venue with respect to any and all disputes in connection with either the Website or the information contained on the website, as applicable.