Terms and Conditions of Use
Unless otherwise noted, all text, graphics, logos, page headers, button icons, images, video clips, trademarks, service marks, trade dress, headers, icons, scripts, digital downloads, software, and other materials -- both individually or as they are compiled on our Site are our property or the property of our affiliates, suppliers, or third party service providers and are protected by United States and international intellectual property laws. You may not, except with our express prior written permission, distribute, transmit, store, or use such property in any manner not expressly provided for herein.
Prices and availability of products and services are subject to change without notice and are not guaranteed. If products are not available at the time of your desired purchase, please contact us at firstname.lastname@example.org for assistance. We will use our best efforts to correct errors where discovered as soon as possible, and we reserve the right to retract any stated offer and correct any inaccuracies or omissions including after an order has been placed and whether or not the order has been confirmed and your credit card charged. If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy.
Product Images and Colors
We have made every effort to display product images that appear on the Site as accurately as possible; however, we cannot guarantee that your computer monitor, display settings, or browser configuration will display product images or render the colors within such images correctly, and we shall not be liable for any such inaccurate display or presentation.
Submitting a Review
Participating in surveys, providing feedback, or submitting reviews on or through the Site is voluntary. By submitting reviews or feedback on our Site, you hereby assign to Universal Companies, Inc. all worldwide right, title, and interest in and to your reviews and submitted content and material attached thereto (including all intellectual property associated therewith) for our exclusive use, reproduction, modification, adaptation, publication, translation, distribution, presentation, or exploitation. Reviews should be genuine experiences and content should be relevant and helpful to other users of the Site. When posting content, you are participating in a public forum and your content may be available to other users, sites, or third parties. We reserve the right to post, not post, modify, or remove any user content for any reason or no reason at all. You agree to post reviews and content in accordance with the following Guidelines. We will not publish a review unless it follows these Guidelines.
No unlawful or objectionable content – you should not submit reviews that contain words, language or content that is or may be considered unlawful, libelous, defamatory, abusive, racially or sexually offensive, or obscene
Non-infringement – content of user reviews should not infringe the intellectual property rights or other proprietary rights of others
Harmful content – reviews and content shall not contain viruses, worms, trojan horses or other computer programs that may damage, or are capable of damaging or affecting any system, software, site, or data
No spamming or advertising – reviews shall not contain commercial web or e-mail addresses and no promotional or advertising material of any kind including the pricing, availability information, products, or services, or alternative ordering information
No Tags – HTML tags are not permitted to be posted on the Site
Responsibility – you are responsible for any and all for content uploaded or posted on the Site
Tampering with this Site, misrepresenting the identity of a user, circumventing, disabling or otherwise interfering with security features, interfering with or disturbing related networks, hardware & databases, or conducting fraudulent activities on this Site are prohibited.
Validating Your Order
Once you place an order with BIMA we reserve the right to verify the information you have provided, including but not limited to the method of payment and shipping address. We have the right to reject any order you place with us without providing a reason. We will attempt to notify you provided during the order process if any order is rejected.
Minimum Advertised Price (MAP) Policy
BIMA, Universal Companies, its suppliers, vendors, and manufacturers establish a Minimum Advertised Price (MAP) policy for some or all of our product and service offerings. When a product has a MAP policy established, all resellers of the product must strictly adhere to the MAP and not advertise the product in any form, media, or channel at a lower price. BIMA and/or Universal Companies reserves the right to restrict sales of products to customers who violate an established MAP policy.
Authorized Channel Selling (ACS) Policy
BIMA, Universal Companies, its suppliers, vendors, and manufacturers may restrict or limit the reselling of our products to certain channels, business types, or geographic areas by establishing an Authorized Channel Selling (ACS) policy. BIMA, Universal Companies, its suppliers, and vendors take a strong stance against the unauthorized reselling of products outside approved channels of professional distribution and reserve the right to restrict sales of products to customers who violate the established ACS policy.
Denial of Access
If in our sole discretion you fail to comply with any term or provision of this Agreement, we may deny you access to this Site. In the event of such denial of access, you are no longer authorized to access or use the Site, and the restrictions imposed upon you with regard to the disclaimers of liability and indemnification set forth herein shall continue in full force and effect.
Disclaimer of Liability; Indemnification
No Substitute for Professional Judgment.
BIMA, Universal Companies, Inc. does not endorse, approve, verify, support, or warrant the accuracy, dependability, validity, or reliability of user posted content, third party content or sites accessible on or through the Site, our educational materials or content, or any products or services sold on or through the Site. All such content, material, information, or products are provided “AS IS” with no warranties express or implied, and is NO SUBSTITUTE for your knowledge, experience, education, due diligence, research, and professional judgment. Although this Site is intended to be used by professionals, the Site and any health related information, resources, or products are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction. You should discuss the information provided and any products purchased with a physician, pharmacist, nurse, or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed on this Site. You understand and agree that neither BIMA, Universal Companies, Inc. nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of this Site or the information or resources contained on or accessible through this Site.
Third Party Sites
This Site may include links to other Internet sites owned or maintained by third parties ("Third Party Site"). We provide links to these Third Party Sites as a convenience to you, and the existence of any links to any Third Party Sites does not in any way imply our control, endorsement, or warranty of or assumption of liability for such Third Party Sites. Your access to these Third Party Sites at your own risk.
Choice of Law
This Agreement shall be governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Virginia. Any legal suit, action or proceeding arising out of or based upon this Agreement or the transactions contemplated hereby may be instituted in the federal courts of the United States of America or the courts of the State of Virginia in each case located in the city of Abington and County of Washington, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or any proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.
UNIVERSAL PRIVATE LABEL
Following is a list of separate BIMA and/or Universal Private Label terms and conditions, which apply in addition to the terms and conditions outlined in the BIMA and/or Universal Private Label Terms and Conditions document.
BIMA and/or Universal will not be liable for any loss, damage or penalty resulting from failure to perform or delay due to causes beyond the reasonable control of Universal, including, but not limited to, supplier delay, force majeure, act of God, labor unrest, flood, fire, explosion, earthquake, or by excess demand for its products. In any such event, the estimated delivery date will be deemed extended for a period equal to the delay. IN NO EVENT WILL UNIVERSAL AND/OR BIMA BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES.
Customer agrees to keep the terms of this agreement, including, but not limited to, the pricing, confidential and will not share such information with any third parties, including its employees, officers, directors, subcontractors and agents, unless such third party is subject to confidentiality obligations at least as stringent as contained herein.
COMPLIANCE WITH LAWS:
Customer will comply with all laws and regulations applicable to the use of all products delivered hereunder.
The Order and terms and conditions set forth constitute the entire agreement between BIMA, Universal and Customer. No addition to, deletion from, or modification of this agreement will be binding upon Universal unless acknowledged in writing and accepted by an officer of Universal and/or BIMA. Any changes made by BIMA and/or Universal will be deemed accepted unless, within 10 days from the date BIMA and/or Universal delivers notice of such change, Customer objects in writing. This agreement may not be modified, supplemented, qualified or interpreted by any trade usage or prior course of dealing not made a part of the agreement by its express terms. Customer hereby acknowledges that it has not entered into the agreement in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically set forth herein.
This contract will bind and inure to the benefit of Seller’s successors and assigns, including without limitation, any entity into which Seller will merge or consolidate. Buyer may not assign any of Buyer's right or obligations under this contract without Seller's prior written consent. Any attempted assignment, delegation, or transfer by Buyer without such consent of Seller will be void.
The failure by Seller to enforce at any time any of the provisions of this contract or to exercise any election or option provided herein will not in any way be construed as a waiver of such provision.
This contract will be governed by the laws of the Commonwealth of Virginia, except for its conflicts of law provisions.
JURISDICTION AND VENUE
The parties agree that the exclusive jurisdiction and venue of any action with respect of this contract will be a court of competent jurisdiction located in Washington County, Virginia.