PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BECAUSE IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BIORAY INC

Thank you for visiting bioray.com which is operated by Bioray Inc, a California corporation. Please read these Terms and Conditions of Use carefully because by using our site means that you agree to be bound by and comply with these Terms and Conditions and our Privacy Policy.

Orders, Pricing and Order Acceptance

Order Acceptance

By placing an order through the BIORAY website, you are making an offer to purchase the products included in your order subject to these Terms and Conditions.

Receipt of an order by BIORAY, processing of payment information, authorization of a payment method, or transmission of an automated order confirmation does not constitute acceptance of the order.

An order confirmation acknowledges only that BIORAY has received your order.

Unless otherwise expressly stated by BIORAY in writing, BIORAY accepts your order when the products are shipped and a shipping confirmation is issued. A separate contract of sale is formed for the products included in each shipment.

BIORAY reserves the right, in its reasonable discretion and subject to applicable law, to refuse, limit, or cancel an order at any time before acceptance.

Pricing and Product Information

BIORAY makes reasonable efforts to ensure that product descriptions, prices, promotions, discounts, availability, images, and other information displayed on the website are accurate. However, errors may occasionally occur.

BIORAY reserves the right to correct typographical, pricing, promotional, technical, inventory, or other errors or inaccuracies and to update information at any time.

If a product is listed at an incorrect price or with incorrect information due to a typographical error, system error, technical malfunction, promotional configuration error, third-party error, or other mistake, BIORAY may refuse or cancel any affected order before acceptance.

This right applies even if BIORAY has received the order, sent an automated order confirmation, or obtained authorization from or charged the customer's payment method, subject to applicable law.

If payment has already been collected for an order that BIORAY subsequently cancels, BIORAY will issue a refund of the amount paid for the cancelled product or order to the original payment method in accordance with applicable law.

Obvious Pricing Errors

BIORAY is not obligated to fulfill an order at a price that is clearly or materially incorrect where the customer knew or reasonably should have known that the displayed price resulted from an error.

Examples may include substantial pricing discrepancies caused by system errors, misplaced decimal points, incorrect promotional discounts, duplicate discounts, unintended discount stacking, or other technical or administrative errors.

Nothing in this section permits BIORAY to engage in deceptive pricing practices or limits any rights or remedies that cannot legally be waived.

Promotions, Discount Codes and Offers

Promotions, discount codes, coupons, gifts with purchase, loyalty rewards, and other special offers are subject to the terms applicable to the particular promotion.

Unless expressly stated otherwise, promotional offers:

• may not be combined;
• have no cash value;
• may be subject to minimum purchase requirements;
• may be limited to certain products, customers, channels, quantities, or geographic locations;
• may be modified or discontinued before an order is accepted, subject to applicable law; and
• may be cancelled or corrected where an offer was published or applied as a result of a technical, administrative, or pricing error.

BIORAY reserves the right to reject or cancel orders involving unauthorized, fraudulent, manipulated, duplicated, or otherwise improper use of promotional offers.

Product Availability and Quantity Limits

All products are subject to availability.

BIORAY does not guarantee that products displayed as available will remain available until an order is accepted.

BIORAY may limit quantities purchased per person, household, account, payment method, shipping address, or order where reasonably necessary to manage inventory, prevent resale or fraud, enforce promotional restrictions, or protect the integrity of BIORAY's distribution channels.

If BIORAY cannot fulfill all or part of an order, BIORAY may cancel the unavailable portion and refund amounts paid for products that will not be shipped, subject to applicable law.

Payment Authorization

BIORAY may request authorization of your payment method when an order is placed. A payment authorization, pending charge, or collection of payment does not, by itself, constitute BIORAY's acceptance of an order.

If an order is cancelled before acceptance after payment has been collected, BIORAY will refund the applicable amount to the original payment method in accordance with applicable law.

Suspected Fraud, Resale or Abuse

BIORAY reserves the right to refuse, limit, hold for review, or cancel orders where BIORAY reasonably suspects fraud, unauthorized payment activity, misuse of promotional offers, attempts to circumvent quantity restrictions, unauthorized resale, or other activity inconsistent with these Terms or applicable law.

Nothing in these Terms limits any non-waivable rights available to consumers under applicable federal or state law.

Content and Copyright, Trademark, and Related Issues

The content, including information, text and graphics and all other material contained on the site or features and functions we make available on our site (collectively, the "content") are for your informational purposes only. Content is owned by us or our licensors and is protected by copyright, trademark, and other laws and regulations of the United States and foreign laws. You may not use content in any way not expressly permitted by these Terms of Use and if you do, your right to use the content will automatically terminate. The content and the site generally, are subject to change or termination without notice.

The trademarks, names, slogans, logos, characters and service marks (collectively "trademarks") displayed on our site belong to us or have been licensed to us. Nothing contained on our site should be construed as granting any license or right to use any trademark displayed on our site. Your use or misuse of the trademarks displayed on our site, except as provided in these Terms and Conditions, is strictly prohibited.

BIORAY® will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.

Nutrition, Fitness and Well Being Information

If you think you may have a medical emergency call your doctor or 911 immediately. Neither the site nor we recommend or endorse any specific tests, physicians, products, procedures, opinions, course of treatment or therapy or other information on or associated with the site. You should always consult your own qualified health care professional concerning your particular circumstances and needs and not rely on our site or content. Using our site is solely at your own risk.

The statements and products referred to throughout this site have not been evaluated by the FDA. They are not intended to diagnose, treat, cure or prevent any disease or condition. If you have a health condition or concern, consult a physician or your integrative health care provider.

Certain content presented on this site is intended to impart general nutrition, fitness, and wellness information. The content is not intended to be construed as or be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with our site.

User Submissions

The personal information you submit to the site is governed by our Privacy Policy.

Linking | Third Party Links on Our Site

Our site may contain links to other websites. BIORAY® does not recommend, monitor, control or endorse any third party advertising or content, or the content on any third-party websites and is not responsible for such websites’ terms of use or privacy policies or how they may treat your information. Your use of third-party websites is at your own risk. Please be mindful of this as you link to other sites.

In general, BIORAY® does not object to links to our site from third-party websites. However, you must abide by the following rules:

• Unless we have a written agreement with you, you may not use any of our trademarks in or with your links, except that you may link to our site using the plain text name of our site.

• Do not present the link to our site in any way that suggests BIORAY® or our site has any relationship or affiliation with your web site or endorses, sponsors or recommends the information, products or services on your website, unless you have a specific written agreement with BIORAY® to do so.

• Do not without written permission: (a) incorporate any content from our site into your website (e.g., by in-lining or framing); or (b) use any of our trademarks or any words or codes identifying our site in any "metatag" or other information used by search engines or other information location tools to identify and select web sites.

BIORAY® will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful website, or any website that may adversely affect the name, reputation and goodwill of BIORAY® and its products. BIORAY® reserves the right to cancel permission to link at any time, for any reason.

Limitation of Liability

The use of the site and content is at your own risk and are provided "as is." Transmissions over the Internet and communications networks is not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the site, including information you provide to us or our site.

TO THE FULLEST EXTENT PERMITTED BY LAW, BIORAY® AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall we, the site, our licensors, suppliers and content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, BIORAY® shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the site, content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.

Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.

Indemnification

You agree to defend, indemnify, and hold BIORAY®, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

BIORAY® is based in Irvine, California in the United States of America. BIORAY® makes no claims that the site, any content or user content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Any terms or conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms of Use.

Law that Applies | Interpretation and Modification

You expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of Orange, State of California, to adjudicate and resolve any dispute with BIORAY®, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the site, including, content or user content. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

These Terms of Use are governed by the substantive laws of the State of California without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any time and although we will generally try and provide at least 30 days advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our site. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.

Copyright Violations

BIORAY® respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BIORAY’s Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is BIORAY’s policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are concerned about the removal of or blocked access to your content, please provide BIORAY’s Copyright Agent with the written information specified below in the form of a “Counter-Notification.” The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website).

DMCA Notification of Alleged Copyright Infringement

If you would like to submit a claim of copyright infringement, please substantiate each claim by sending a Notification of Claimed Infringement at the mailing address below:

Bioray Inc 
Attn: Copyright Agent 
10 Mason Suite 150
Irvine, CA 92618

While you may call us, this does not constitute a proper notification to us. To be considered effective, a Notification of Alleged Infringement must be submitted in writing and include the following information: (a) Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed. (b) Identification of the copyrighted material claimed to have been infringed. (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled. (d) Information reasonably sufficient to permit BIORAY® to locate the material that is claimed to be infringing or to be the subject of infringing activity. (e) Information reasonably sufficient to permit BIORAY® to contact you, such as a physical address, email address, and telephone number. (f) A statement that you have 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. (g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Counter-Notification

If you elect to send us a Counter-Notification, please send a letter to BIORAY® Copyright Agent at mailing address below:

Bioray Inc 
Attn: Copyright Agent 
10 Mason Suite 150
Irvine, CA 92618

While you may call us, this does not constitute a proper Counter-Notification to us. To be considered effective, a Counter-Notification must be submitted in writing and include the following information: (a) Physical or electronic signature of the user or a person authorized to act on behalf of the user. (b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. (c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. (d) The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the County of Orange, State of California and that the user will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.

Complete Agreement

These Terms of Use, including our Privacy Policy, constitute the entire agreement between you and BIORAY® regarding the site and supersedes any and all other terms, representations, promises or discussions. Only BIORAY® has the authority to agree to amendments to these Terms of Use, and to be and be considered binding, any amendments must be in writing and executed by BIORAY®.

Questions or comments regarding this site, including reports of non-functioning links, should be submitted using our Contact Us form or via U.S. Mail to: Bioray Inc 10 Mason Suite 150, Irvine, CA 92618

BIORAY® MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING.

Last updated June 2021