Terms and Conditions

BioStar Organix Healthcare Association Web Site
Effective 06/01/2012
Last Modified 06/20/2014

  1. Web Site Usage Terms and Conditions
  2. Membership Terms and Conditions
  3. Disclaimers
  4. Intellectual Property Rights
  5. Privacy
  6. Advertising Policy
  7. Translation Disclaimer
  8. How To Contact Us

Web Site Usage Terms and Conditions

Use of Web Site
By using this web site (collectively referred to in these Terms of Use as our "Web site") you agree to be bound by the terms set forth herein. The BioStar Organix Healthcare Association reserves the right, in its sole discretion, to make changes to our Web site, these Web site usage terms and conditions, the policies and conditions that govern the use of our Web site and/or an individual's access to this site at any time, or to terminate this site without notice. It is recommended that you, as a user of this Web site, read these terms and conditions each time you enter the (biostar-health.org or biostarorganix.com) site for any updates or changes. Your continued access or use of our Web site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. If you do not agree and/or no longer agree to be bound by these Terms and Conditions, you may not use, and must immediately cease your use of, the (biostar-health.org or biostarorganix.com) Web site. When you access this site, you also acknowledge that you have read and agree to abide by the terms described in our Privacy Policy.

The entire contents of this site are copyrighted under United States law. Materials from the www.(biostar-health.org or biostarorganix.com) World Wide Web site may not be copied, distributed or transmitted in any way without prior written consent of The BioStar Organix Healthcare Association. Users of the site MAY download one copy of any and all materials on the site for personal, non-commercial use provided that they do not modify or alter the materials in any way, or delete or change any copyright or trademark notice. The BioStar Organix Healthcare Association reserves complete title and full intellectual property rights for materials downloaded from the site.

All material on this site is provided for lawful purposes only. You agree not to use the material on this site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local law. You agree that The BioStar Organix Healthcare Association may in its sole discretion terminate your access to our Web site, without notice, if we believe you have in any way violated our Terms of Use.

Health-Related Information
The information contained in the (biostar-health.org or biostarorganix.com) Web site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the (biostar-health.org or biostarorganix.com) Web site (including, but not limited to, information that may be provided by healthcare and/or nutrition professionals employed by, or contracting with, The BioStar Organix Healthcare Association) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. Please read our disclaimer.

Modifications
The BioStar Organix Healthcare Association reserves the right to modify or discontinue, temporarily or permanently, the (biostar-health.org or biostarorganix.com) Web site as a whole and/or any or all of the Web site features, products, prices of products, services or information appearing on, or available through, any or all of the Web site with or without notice to you. You agree that The BioStar Organix Healthcare Association shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the Web site or the Web site itself.

Submission Of Information and/or Materials
Other than personally identifiable information, which is addressed under our Privacy Policy, any information, including but not limited to remarks, comments, suggestions, ideas, graphics or other submissions, transmissions and/or postings that are communicated to The BioStar Organix Healthcare Association through this site is the exclusive property of The BioStar Organix Healthcare Association.

The user acknowledges the originality of any submission communicated to The BioStar Organix Healthcare Association and accepts responsibility for its accuracy, appropriateness and legality in that you agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate.

The BioStar Organix Healthcare Association is entitled to use any information submitted for any purpose anywhere, anytime and for any reason whatsoever without restriction or compensation to the person sending the submission. Except as may be provided in thePrivacy Policy, any information or materials submitted to The BioStar Organix Healthcare Association will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. You should rely solely on your rights under patent, trademark, and copyright laws. The receipt or consideration of your information by The BioStar Organix Healthcare Association shall in no way impair the right of The BioStar Organix Healthcare Association to contest the validity of your patent, trademark or copyright.

Links
The BioStar Organix Healthcare Association Web site provides links to other third party web sites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that The BioStar Organix Healthcare Association is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. You agree that The BioStar Organix Healthcare Association shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other web sites or resources, you agree you do so at your own risk.

Sale of Products
You may be provided with the opportunity to purchase products and/or services through The BioStar Organix Healthcare Association Web site and/or from third party web sites linked to The BioStar Organix Healthcare Association Web site. BioStar Organix provides products and services directly to consumers ONLY by a patient/client relationship, with whom we have an established membership agreement. Acceptance of the products ordered imples acceptance and compliance with the membership agreement, terms noted on this sales invoice and this page known as (terms and conditions). Products and/or services purchased through third-party web sites are subject to the terms and conditions of such other parties and their web sites, and The BioStar Organix Healthcare Association shall have no liability or responsibility theretofore.

Indemnity
You agree to indemnify and hold The BioStar Organix Healthcare Association and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Web site, your connection to our Web site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

Disclaimer of Warranties
You expressly agree that use of our Web site is at your sole risk and is provided on an "as is" and "as available" basis to the fullest extent permissible pursuant to applicable laws.

The BioStar Organix Healthcare Association and its parents, affiliates (and their franchisees and licensees) and subsidiaries (collectively, "affiliates") expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The BioStar Organix Healthcare Association and its affiliates make no warranty, express or implied, that the Web site or any services, products, or information obtained on or through the Web site will meet your requirements or will be uninterrupted, timely, secure, or error free; nor does The BioStar Organix Healthcare Association or its affiliates make any warranty, express or implied, as to the results that may be obtained from the use of the Web site or any services, products or information obtained on or through the Web site or as to the accuracy, completeness or reliability thereof. The BioStar Organix Healthcare Association makes no commitment to update or correct any information that appears on the Web site or any Web site linked hereunder.

You understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from the Web site is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. The BioStar Organix Healthcare Association is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions. Under no circumstances will The BioStar Organix Healthcare Association or its suppliers be liable for any damages or injury that result from the use of the materials on this site. The BioStar Organix Healthcare Association and its affiliates make no warranty regarding any goods or services purchased or obtained through or from the Web site or any transactions entered into through the Web site. No advice or information, whether oral or written, obtained by you from The BioStar Organix Healthcare Association or through or from any service or product on the Web site shall create any warranty not expressly stated herein. Some jurisdictions do not allow the exclusion of certain warranties for consequential or incidental damages, in which case the above limitation may not apply to you.

The BioStar Organix Healthcare Association may make changes to its Web site design, functionality and/or content at any time, and may provide links to other sites that are not maintained by The BioStar Organix Healthcare Association. The BioStar Organix Healthcare Association does not endorse those sites and is not responsible for the content of such other sites. Please read our policy governing such links.

Liability Restrictions
You agree that The BioStar Organix Healthcare Association and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the Web site or any services, products or information obtained on or through the Web site, even if The BioStar Organix Healthcare Association or its affiliates have been advised of the possibility of such damages, including, without limitation, damages from: personal injury; downloading any material contained on or accessed through the Web site; linking to any third party Web site from the Web site; any unauthorized access to any information on the Web site and/or submitted by you to or through the Web site; cost of procurement of substitute goods and services; any goods or services purchased or obtained or messages received or transactions entered into through or from the Web site; and/or loss of profits, use, data or other intangible losses.

You further agree that The BioStar Organix Healthcare Association and its affiliates shall not be liable for any damages arising from interruption, suspension or termination of the Web site, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in which case the above limitation may not apply to you.

Domestic Use/Export Restriction
The BioStar Organix Healthcare Association controls the (biostar-health.org or biostarorganix.com) Web site from our offices within the United States of America. We make no representation that the Web site or its content (including, without limitation, any products or services available on or through the Web site) is appropriate or available for use in other locations. Users who access the Web site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web site may be downloaded in violation of United States law.

Enforcement of Terms and Conditions/Jurisdiction
These terms and conditions are governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. Any claim relating to The BioStar Organix Healthcare Association Web site, our Web site Terms and Conditions, and the relationship between you and The BioStar Organix Healthcare Association organization shall be governed by the laws of the United States and the State of California without regard to its conflict of law provisions. You and The BioStar Organix Healthcare Association agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California.

These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and The BioStar Organix Healthcare Association with respect to the (biostar-health.org or biostarorganix.com) Web site; provided, however, that certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms which may be located on particular pages on the (biostar-health.org or biostarorganix.com) Web site. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. Your agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The BioStar Organix Healthcare Association can revise these terms and conditions at any time by updating this online posting. The BioStar Organix Healthcare Association may terminate this agreement at any time without notice for any reason. Users may terminate this agreement by destroying all materials obtained from The BioStar Organix Healthcare Association Web site.

The BioStar Organix Healthcare Association Membership Terms and Conditions

1. APPLICABILITY OF CONTENT: The information presented by The BioStar Organix Healthcare Association on its Web site is not intended to be a substitute for medical counseling. The site is intended to help you make informed decisions about your health. Before adhering to any of the information or recommendations presented throughout The BioStar Organix Healthcare Association web site and/or other electronic communications and/or purchasing products and/or services, please consult with your own physician or healthcare practitioner. The BioStar Organix Healthcare Association reserves the right to refuse or cancel membership and/or access to this Web site for any reason.

2. GENERAL TERMS AND CONDITIONS: You agree to: (a) maintain all equipment necessary for your access to and use of The BioStar Organix Healthcare Association Web site; (b) maintain the security of your user identification, password and other confidential information relating to your BioStar Organix Healthcare Association account; (c) be responsible for all charges resulting from use of your The BioStar Organix Healthcare Association account, including unauthorized use prior to your notifying The BioStar Organix Healthcare Association of such use and taking steps to prevent its further occurrence by changing your password; and (d) updating your personal contact information, including e-mail address.

3. MEMBERSHIP TERM: The BioStar Organix Healthcare Association currently offers a "self-care" lifetime membership term for on-line purchases, as follows:

Membership U.S. Canada   International
 pdf-ico-64.jpg      
Self-Care Membership - Lifetime  Complimentary   $0.00  $0.00

   

Upon registration of an initial membership term (IMT), new members will automatically receive a complimentary "Self-Care" Lifetime Membership online or with your order, including a Disease Prevention Newsletter and Protocol guide(s), unlimited access to breakthrough medical research and literature, and the ability to purchase supplements from the BioStar Organix Healthcare Association websites (biostar-health.org or biostarorganix.com). There are no membership dues, renewal fees, or hidden charges of any kind.  Members receive an additional online coupons for free shipping, healthcare services ($150 retail value) free of charge, via email mail, or duing promotional periods.

4. RETURNS/CANCELLATION/MONEY BACK GUARANTEE: If you are ever not 100% delighted with your purchase on the BioStar Organix website, for whatever reason, simply let us know by contacting us through any of the following methods:

Postal Mail:

BioStar Organix Healthcare Association

4443 West Sunset Boulevard

Los Angeles, CA 90027

 

Fax:

323-665-2498

 

Email:

customerservice@biostarorganix.com

 

Along with your notice of return or cancellation, be sure to include your first and last name and Web site user name. Please note that The BioStar Organix Healthcare Association will not accept or open email communications with attachments. Upon such notice of cancellation, we'll promptly review the request for the returned and unopened (sealed) items*. For non-consumable items, such as electronics or equipment, All sales final. No refunds or returns for any equipment, including, but not limited, Diacom Devices, Quantum Energy, Furniture, Clothing, Beds, Bed Sheets, AccuGraph, etc...). Purchaser is responsible for requesting appropriate shipping insurance (in any direction) and any applicable fees. Any items refused during shipping are considered abandoned and voids the warranty of the device. Any cancellations granted are subject to a 20% re-stocking fee, with no exceptions. While there are no guarantees in the field of medicine, The BioStar Organix Healthcare Association is an institution that honors requests for refunds from it's members, if the information provided does not exceed the consumer's expectations, but we make no claims implied or direct to the use of any device to treat, cure any disease or illness. Any special gifts sent to you from The BioStar Organix Healthcare Association, including the publications, coupons, Disease Prevention Newsletter and Protocol Guides, are yours to keep forever regardless of membership status, completely free of charge. *Please read our Returns and Frequently Asked Questions.

5. WAIVER, RELEASE AND LIMITATION OF LIABILITY: You agree that neither The BioStar Organix Healthcare Association, nor its affiliates, subsidiaries, officers, directors, employees, agents, consultants or information providers or suppliers, shall have any liability to you under any theory of liability or indemnity in connection with your use of The BioStar Organix Healthcare Association Web site. You hereby release and forever waive any and all claims you may have against The BioStar Organix Healthcare Association, its officers, directors, employees, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of The BioStar Organix Healthcare Association Web site.

6. Notwithstanding the foregoing paragraph, the total liability of The BioStar Organix Healthcare Association and its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed monies paid by you for the particular information, products and/or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of The BioStar Organix Healthcare Association Web site are hereby excluded even if The BioStar Organix Healthcare Association or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law.

7. NOTICE: The BioStar Organix Healthcare Association may deliver notice to you under this Agreement by means of electronic mail, a general notice on The BioStar Organix Healthcare Association or by written communication delivered by first class U. S. mail to your address on record in the (biostar-health.org or biostarorganix.com) site's account information. You may give notice to The BioStar Organix Healthcare Association at any time via electronic mail to BioStar Organix Healthcare Association or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

BioStar Organix Healthcare Association

4443 West Sunset Boulevard

Los Angeles, CA 90027

customerservice@biostarorganix.com

 

Disclaimers
The dietary and other substances discussed on this site may not have undergone evaluation and/or testing by the United States Food and Drug Administration or like agency of any other country. Risks that might be determined by such testing are unknown. Where these substances are dietary supplements, they are not intended to diagnose, treat, cure or prevent any disease. In some jurisdictions, some of these substances may be considered prescription drugs, controlled or contraband substances. Since the information published on the BioStar Organix Healthcare Association web site is accessible to anyone throughout the world, the BioStar Organix Healthcare Association does not give legal advice that may apply to any particular consumer. Consumers are cautioned to check with local, regionalized legal counsel and/or health care professional(s) before making any purchases of membership, products and/or services on the (biostar-health.org or biostarorganix.com) Web site. The policy opinions expressed on this site, and on sites to which it may link, are not necessarily the views of the BioStar Organix Healthcare Association and are not adopted for commercial purposes.

Intellectual Property Rights
BioStar Organix Healthcare Association, BioStar Organix, BioStar Healthcare Buyers Club and Biostar.LA are trademarks and service marks of BioStar Organix Healthcare Association. BioStar Organix Healthcare Association also has trademark rights in the names of many products featured for sale by BioStar Organix Healthcare Association and service marks may not be used without express permission.

All content published on the (biostar-health.org or biostarorganix.com) web site, with the exception of that acquired from third-party syndication sources as noted on applicable content page(s), is ©2012 by BioStar Organix Healthcare Association and/or BioStar Organix All rights reserved. No content may be reproduced by any means, in part or in whole, without the express written consent of BioStar Organix Healthcare Association.

Certain products may also be protected under U. S. Patent Law.

Privacy
The BioStar Organix Healthcare Association operates under a strict set of privacy principles, taking care to respect the privacy of its online visitors. Read our privacy policy.

Advertising Policy
In order to provide quality health information, news and tools in a timely manner to our visitors, The BioStar Organix Healthcare Association may permit advertising on our site. However, we do not allow outside advertisers to affect the quality or accuracy of information on our site, and we maintain a stringent policy of editorial independence. The following advertising policy is in force on The BioStar Organix Healthcare Association Web site:

The BioStar Organix Healthcare Association maintains complete editorial independence with respect to our content in every circumstance. We do not permit advertisers or other third-party sponsors to make changes to content, or to introduce biased content into the design of any of our sections. The BioStar Organix Healthcare Association clearly identifies all advertisements, sponsorships, and sponsor-related material on the (biostar-health.org or biostarorganix.com) Web site. We separate this material from medical or pornographic products or web sites. We will not provide or sell any information to a third party that would allow it to identify a person's individual medical or diet circumstances or conditions.

Translation Disclaimer
The official version of this Web Site is in English. While we offer machine translations of this Web Site for the convenience of our customers, BioStar Organix is not responsible for any errors or omissions in those translations. Read our Disclaimer for Translations.

How To Contact Us 
Should you have other questions or concerns about these legal notices and/or the practices of this Web site, please contact us at:

The BioStar Organix Healthcare Association

4443 West Sunset Boulevard

Los Angeles, CA 90027

webmaster@biostarorganix.com

 

EQUIPMENT PURCHASE AGREEMENT

Returns and Refunds Policy – If you are not entirely satisfied with your purchase, we’re here to help. Our products can be returned within 3 days of the original purchase of the product.

A new product may be exchanged for another product or returned for a refund. To be eligible for a return, please make sure that:

  1.  The product was purchased in the last 3 days from a DIACOM-USA dealer
  2.  The product is in its original packaging
  3.  The product isn’t used or damaged
  4.  You have the receipt or proof of purchase
  5.  You obtained a Return Merchandise

Number (RMN) from us. Products that do not meet these criteria will not be considered for return. To obtain a Return Merchandise Number (RMN), contact us:

  1. (A.) By phone number: (800)590-1USA
  2. (B.) By email: sales@diacom-usa.com
  3. (C.) By visiting this page on our website: http://www.diacom-usa.com/contact. Send the product with its original packing and the receipt or proof of purchase and the RMA number, along with a note indicating whether you want to exchange the product (and if so, what other product you want to order) or request a refund, to: 4443 W Sunset Blvd, Ste B.,Los Angeles, CA 90027 USA. Restocking Fee: A 20% restocking fee is charged for all approved returns.
  4. (D.) Shipping charges: Shipping charges incurred in connection with the return of a product are non-refundable. You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping, both to and from DIACOM USA.
  5. (E.) Damaged items – If you received a damaged product, please notify us immediately for assistance. Sale items – Unfortunately, sale or dealer priced items cannot be refunded. Only regular price items can be refunded. If package is refused at the time of delivery, this VOIDS the insurance policy, and you assume all cost for repair or damaged goods.
  6. (F.) Digital products – We do not issue refunds for digital products once the order is confirmed and the product is sent. We recommend contacting us for assistance if you experience any issues receiving or downloading our products. Contact us If you have any questions about our Returns and Refunds Policy, please contact us: (A.) By phone number: (800)590-1USA (B.) By email: sales@diacom-usa.com (C.) By visiting this page on our website: http://www.diacom-usa.com/contact.

Terms and Conditions (“Terms”) Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.diacoam-usa.com website (the “Service”) operated by Biostar Organix Healthcare Association, PMMA dba DIACOM USA (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Availability, errors and inaccuracies We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be miss-priced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Contests, Sweepstakes and Promotions Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. Accounts When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Biostar Organix Healthcare Association, PMMA dba DIACOM USA and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Biostar Organix Healthcare Association, PMMA dba DIACOM USA.

Termination We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which

by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification You agree to defend, indemnify and hold harmless Biostar Organix Healthcare Association, PMMA dba DIACOM USA and its licensee and licensors, and their employees,

contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s

fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. You agree to defend,

indemnify and hold harmless Biostar Organix Healthcare Association, PMMA dba DIACOM USA and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability In no event shall Biostar Organix Healthcare Association, PMMA dba DIACOM USA, nor its members, directors, employees, partners, agents, suppliers, or affiliates,

be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer Your use of the Service and Purchase of products is at your sole risk. The Products and Services provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Biostar Organix Healthcare Association, PMMA dba DIACOM USA its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. Exclusions Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Governing Law These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

MEMORANDUM OF UNDERSTANDING

I understand that this purchase order is being made between the members of the Association for products and services or care, and do so in the capacity of a fellow member and not in the capacity as a licensed health care provider or public citizen. I further understand that within the association no doctor-patient relationship exists but only a contract member-member Association relationship. In addition, I have freely chosen to change my legal status as a public patient, customer or client to a private member of the Association. I further understand that it is entirely my own responsibility to consider the advice and recommendations offered to me by my fellow members and to educate myself as to the efficacy, risks, and desirability of same and the acceptance of the offered or recommended diagnosis, therapy, treatment and care is my own carefully considered decision. Any request by me to a fellow member to assist me or provide me with the aforementioned products, service, diagnosis, therapy, treatment and care is my own free decision in an exercise of my rights and made by me for my benefit, and I agree to hold the Trustee(s), staff and other worker members and the Association harmless from any unintentional liability for the results of such care, except for harm that results from instances of a clear and present danger of substantive evil as determined by the Association, as stated and defined by the United States Supreme Court. I understand that the membership fee entitles me to receive those benefits declared by the Trustee(s) to be “general benefits” free of further charge. I agree to pay as levied those benefits that I receive that are declared by the Trustees to be “special assessments”, per Fee Schedule.