Thank you for your interest in these Terms of Use (these “Terms”). These Terms constitute a legal agreement between you and BIMeta governing the use of our website.

 

1.      ABOUT US

1.1.   We are BIMeta Corporation of 304 S. Jones Blvd. #3671, Las Vegas, NV 8910, USA (“BIMeta”, “we”, “us”, “our”).

1.2.   We operate www.bimeta.net (our “website”),

1.3.   To contact us, please use [email protected].

1.4.   These Terms were last updated on Wednesday, October 9th, 2024, and are the current and valid version.

1.5.   The BIMeta logo as well as related marks, emblems, and images are the copyright of BIMeta. All Rights Reserved © 2024 BIMeta Corporation.

 

2.      GENERAL

2.1.   By using this website you are deemed to accept the following Terms ("this website" means the whole or any part of the web pages located at www.bimeta.net, and include the layout of this website; individual elements of this website's design; underlying code elements of the website; or text, sounds, graphics, animated elements, or any other content of this website) operated by BIMeta.

2.2.   As you browse through this website, you may access other websites that are subject to different Terms. When using these other sites, you will be bound by the Terms posted on those websites.

2.3.   BIMeta may change these Terms at any time without notice. Any amendment will be effective immediately. Your use of this website after any amendment constitutes an agreement by you to comply with and be bound by the amended Terms. Accordingly, you should read these terms from time to time for changes.

 

3.      USER RIGHTS AND INTELLECTUAL PROPERTY RIGHTS

3.1.   This website is our copyright property. All rights are reserved.

3.2.   You are provided with access to it only for your personal and non-commercial use. Other than for these permitted purposes, and for the purposes of and subject to the conditions prescribed under statutes that apply in your location, you may not, in any form or by any means:

3.2.1. adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or

3.2.2. commercialize any information or services obtained from any part of this website;

3.2.3. without our written permission.

3.3.   All rights in this website and the content on this website including copyright, design rights, source codes and any other intellectual property rights in any of the foregoing are reserved to BIMeta and/or their content and technology providers.

3.4.   All trade names, service marks and other product and service names and logos displayed on the website are proprietary to their respective owners and are protected by applicable copyright laws.

3.5.   Nothing contained on the website should be construed as granting any license or right of use of any other person's or entity's intellectual property which is displayed on this website without their express permission.

3.6.   You may not remove, change or obscure the BIMeta logo or any notices of proprietary rights on any content of this website.

 

4.      LINKS

4.1.   This website may contain links to other websites solely for your convenience only and may not remain current or be maintained. BIMeta does not endorse, recommend, or approve of any information, products, or services referred to on such linked sites and assumes no responsibility for the contents of any other website to which this website offers links.

4.2.   You may not link the homepage or any other parts of this website without prior written consent from BIMeta.

4.3.   Your use of any link to a linked website is entirely at your own risk.

4.4.   Unless stated otherwise on this website, BIMeta has:

4.4.1. no relationship with the owners or operators of those linked website; and

4.4.2. no control over or rights in those linked websites.

 

5.      DISCLAIMER

5.1.   The content on this website is provided by BIMeta in good faith on an "as is" basis for general information purposes only and is not intended to constitute or substitute advice of any kind. You are encouraged to confirm any information obtained from or through our website with other sources and review all information.

5.2.   BIMeta makes no representations about the suitability, reliability, timeliness, comprehensiveness, and accuracy of the information, services, and other content contained on this website. BIMeta may, from time to time, change or add to this website without notice. However, we do not undertake to keep this website updated. BIMeta is not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.

5.3.   BIMeta cannot guarantee that the content and the provision of the content of this website will always be correct or fault, error and virus free. BIMeta does not accept liability for incorrect content or errors and omissions in this website or its content (whether of legal, typographical, technical, or other nature) but endeavors to correct them as quickly as practicable. BIMeta will not be liable for any interference with or damage to your computer systems that may occur in connection with use of this website or a linked website, or for any data lost or any equipment or software replaced by you as a result of you using this website. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

5.4.   To the extent permitted by applicable law, all representations, warranties and other terms are excluded.

5.5.   This general disclaimer is not restricted or modified by any specific warnings and disclaimers elsewhere on this website.

 

6.      PRIVACY

These Terms incorporate, and should be read together with our Privacy Policy and Cookie Policy. We will use only the personal data which you submit to us via the website in accordance with our Privacy Policy.

 

7.      UPLOADING AND PROVIDING INFORMATION

7.1.   You irrevocably and unconditionally represent and warrant that any of your information uploaded to our website and services including in our forms complies with our Privacy Policy, and any other applicable laws.

7.2.   You are fully responsible for your information uploaded to our website and services. We will not be responsible, or liable to any third party, for:

7.2.1. the information or accuracy of any information or data uploaded by you, by us on your behalf, or any other user of our website; or

7.2.2. the loss of any information or data provided to us by you. You should keep a record of all such information and data.

7.3.   We will only use the information uploaded by you for the purposes of carrying out the services, carrying out our obligations in these Terms and any other purpose expressly set out in these Terms or otherwise agreed between us. We will not otherwise disclose or distribute the information uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.

7.4.   We may use the information uploaded by you for the purpose of data analytics. Any such information shall be anonymised and used only for the purposes of improving the services and our response to users of the website.

7.5.   We have the right to disclose your identity to any third party claiming that any information posted or uploaded by you to our website constitutes a violation of their rights under applicable law.

 

8.      PROHIBITED USES

8.1.   You may use our website only for lawful purposes. You may not use our website:

8.1.1. in any way that breaches any applicable local or international laws or regulations;

8.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

8.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing Terms as amended from time to time; and

8.1.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

8.2.   You also agree:

8.2.1. not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and

8.2.2. not to access without authority, interfere with, damage, or disrupt:

8.2.2.1.            any part of our website;

8.2.2.2.            any equipment or network on which our website is stored;

8.2.2.3.            any software used in the provision of our website; or

8.2.2.4.            any equipment or network, or software owned or used by any third party.

 

9.      LIMITATION OF LIABILITY

9.1.   We are not liable for the completeness, accuracy, or correctness of any information uploaded on our website and any related content. You expressly agree that your use of our website is at your sole risk.

9.2.   You agree not to use the services, our website and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the services, our website or any other website or software) for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill or reputation; or any other indirect or consequential loss or damage.

9.3.   Nothing in these Terms shall limit or exclude our liability for: death or personal injury resulting from our negligence; fraud; and/or any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

9.4.   These Terms set out the full extent of our obligations and liabilities in respect of the supply of the services and our website. Except as expressly stated in these terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the services and our website which might otherwise be implied into, or incorporated in, these terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

 

10.   BINDING ARBITRATION

10.1.                 If we are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

10.2.                 The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in Nevada, online or offline, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA Website www.adr.org.

10.3.                 Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

10.4.                 The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.

10.5.                 The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.

 

11.   CLASS ACTION WAIVER

The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis, and each waives the right to participate in a class action.

 

12.   WAIVER OF JURY TRIAL

Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.

 

13.   ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

13.1.                 Using our Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Services, satisfy any legal requirement that such communication be in writing.

13.2.                 You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via our Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

14.   OTHER IMPORTANT TERMS

14.1.                 We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.

14.2.                 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

14.3.                 No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.

14.4.                 These Terms and any document expressly referred to in it constitutes the entire agreement between us.

14.5.                 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.6.                 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

14.7.                 These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its choice of law provisions.