Terms of Use
The BioStem Technologies website (our “Website”) is operated by BioStem Technologies, a Florida corporation ("BioStem” or “we” or “our”). These Terms of Use (this "Agreement" or “Terms”) state the terms and conditions under which you may access or browse the Website and govern your use of the Website. By using the Website, you (“User” or “you” or “your”) agree to be bound by this Agreement, whether you are simply accessing or browsing the Website, you are reviewing information about products or services (together as “Products”) or requesting information through the Website. If you wish to access or browse this Website, please read this Agreement carefully. If you object to anything in this Agreement, the BioStem Privacy Notice, or any other policies referred to in this Agreement, you should leave and discontinue use of the Website immediately.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION. BY ACCEPTING, YOU AGREE TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION.
ACCEPTANCE OF TERMS OF USE AGREEMENT
| a. | Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website. By accessing the Website, you consent to have this Agreement provided to you in electronic form, accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. This Agreement includes BioStem’s Privacy Notice, and any notices regarding the Website. By accessing the Website, you accept this Agreement and agree to the terms, conditions, policies and notices contained or referenced herein. | |
| b. | Modification. This Agreement, the Privacy Notice and any other policies referenced by this Agreement may be modified by BioStem at its sole discretion from time to time, such modifications to be effective upon posting by BioStem on the Website and your use of the Website after such posting will constitute acceptance by you of such changes. Please refer to this Agreement regularly. This Agreement was last updated on July 22, 2026. | |
| c. | Access and Retention. A link to this Agreement will be found on the BioStem homepage. Please print a copy of this document for your records. |
PRIVACY NOTICE. Please refer to our Privacy Notice, which is incorporated into this Agreement by reference. The Privacy Notice is available at Privacy Notice page.
PRODUCT LISTINGS. BioStem attempts to be as accurate as possible. However, BioStem does not warrant that Product descriptions or other content are accurate, complete, reliable, current, or error-free. Some images of Products may be examples only and may not reflect the actual merchandise offered. Please contact your sales representative for further details. The Website does not offer Products for sale, and BioStem does not accept, process, or fulfill orders through the Website. Any purchase of BioStem’s products is made solely pursuant to a separate written sales agreement between you and BioStem, and the terms of any such purchase, including pricing, quantities, availability, and cancellation, are governed exclusively by that separate sales agreement and not by this Agreement.
RELATIONSHIP TO SALES AGREEMENT. This Agreement governs only your access to and browsing of the Website. No Products are offered for sale through the Website, and the Website does not process any orders or transactions. Any purchase of BioStem’s products is made solely pursuant to a separate written sales agreement between you and BioStem. This Agreement does not create, modify, waive, or otherwise affect any term of that separate sales agreement.
ELECTRONIC COMMUNICATIONS. When you visit the Website, sign up for newsletters, send e-mails to BioStem, or make requests for services you, are communicating electronically. You consent to receive communications from BioStem electronically or via telephone. BioStem will communicate with you by e-mail, telephone or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by submitting your contact information with BioStem, you consent to receive newsletters, emails, promotions, telephone calls, social media communications and other advertisements from BioStem or its partners.
You may opt-out of receiving promotional newsletters or emails from BioStem by using the unsubscribe link that is provided in such newsletters or emails.
License. BioStem grants you a limited license to access and make personal use of the Website. BioStem does not allow you to download (other than page caching) or modify the Website, or any portion of it, without the express written consent of BioStem. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, spiders, robots, or similar data gathering and extraction tools, as such activities are strictly prohibited. The Content (as defined below) of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other non-commercial users of the Website.
NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Website, you warrant to BioStem that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You may not: (a) modify or create any derivative work based on the Content (as defined below) or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Website or the software, in whole or in part, except as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. BioStem reserves all rights not expressly granted herein.
TERMINATION OF USE. You agree that BioStem may, in its sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship with you and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefor, your right to use the Website immediately ceases, and you acknowledge and agree that BioStem may immediately bar any further access to the Website. BioStem will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
INTELLECTUAL PROPERTY. BioStem or its licensors own and retain all proprietary rights in the Website. Except as otherwise expressly noted, all Products, images, illustrations, designs (including Product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to such Content which are owned by or licensed to BioStem or its licensors/suppliers. All software used on this Website is the property of BioStem or its licensors/suppliers and is protected by U.S. and international copyright and other intellectual property laws.
BIOSTEM, BIOSTEM TECHNOLOGIES, VENDAJE, VENDAJE AC, VENDAJE OPTIC, AMERICAN AMNION, AMERICAN AMINION AC, NEOX 1K, NEOX 100, NEOX RT, CLARIX 1K, CLARIX 100, and IN RELENTLESS PURSUIT OF HEALING, along with other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of BioStem in the U.S. and/or other countries. BioStem’s trademarks and trade dress may not be used in connection with any product or service that is not BioStem’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BioStem. All other trademarks not owned by BioStem that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BioStem.
BIOSTEM’S ROLE/OTHER BUSINESSES. Parties other than BioStem operate stores, provide services or software, or sell product lines through BioStem’s Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from BioStem. We do not warrant the offerings of any of these businesses or individuals (including the content of their Websites). BioStem does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Your interactions with other vendors, companies or other third parties found on or through the Website are solely between you and such organizations and/or individuals. The information provided on this Website is for reference use only, and does not constitute the rendering of legal, medical, financial, or other professional advice or recommendations by BioStem. BioStem does not guarantee the existence, quality, safety or legality of products/services offered or advertised, the truth or accuracy of other user content or listings, or the accuracy of the information provided by users or other third parties. Before relying on and accepting any information you've read about on BioStem, you should confirm with the third party any information that is important to you.
LINKS TO THIRD PARTY SITES. BioStem may provide, or third parties may provide, links to other third party sites or resources. You acknowledge and agree that BioStem 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 the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We do not control the privacy policies or practices of these websites. You should review those policies before providing any personal information. BioStem is not responsible for the content or practices of any linked websites and provides these links solely for navigation convenience to visitors.
ACCEPTANCE OF RISKS. You are solely responsible for making any decisions regarding your reliance on information provided on the Website. You also expressly acknowledge that you are subject to a variety of risks related to your use of and reliance on third-party links and content accessible through the Website, which risks are beyond the control of BioStem, and you expressly acknowledge that BioStem is not liable or responsible for those risks for which you have sole responsibility.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE. BioStem expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of BioStem trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of BioStem is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or required in writing by BioStem.
SPAM EMAIL AND POSTINGS. You agree that BioStem would be irreparably harmed by the use, by you or others, of the Website or facilities in connection with the transmission of spam or unsolicited email in violation of the terms of use as provided herein, and that BioStem is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). BioStem reserves the right to block, filter or delete unsolicited email.
WEBSITE CONTENT. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. BioStem reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). BioStem apologizes for any inconvenience this may cause you.
WARRANTY LIMITATION. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED HEREIN, YOU HEREBY ACKNOWLEDGE AND AGREE THAT BIOSTEM (INCLUDING OWNERS, OFFICERS, PARTNERS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, DIRECTORS, AFFILIATES, SUBSIDIARIES AND INDEPENDENT CONTRACTORS OF BIOSTEM) HAS NOT MADE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE, THE INFORMATION ABOUT PRODUCTS PRESENTED ON THE WEBSITE, OR THE INFORMATION PROVIDED THROUGH THIS WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BIOSTEM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BIOSTEM DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES REGARDING COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, BIOSTEM HEREBY MAKES NO REPRESENTATION NOR ANY WARRANTIES OF ANY KIND IN CONNECTION WITH THE INFORMATION PROVIDED HEREIN, THAT PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THE QUALITY OF ANY PRODUCTS. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK. ANY WARRANTIES APPLICABLE TO BIOSTEM’S PRODUCTS ARE PROVIDED SOLELY UNDER, AND GOVERNED EXCLUSIVELY BY, THE SEPARATE WRITTEN SALES AGREEMENT BETWEEN YOU AND BIOSTEM COVERING THE PURCHASE OF SUCH PRODUCTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE INFORMATION REGARDING PRODUCTS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH INFORMATION. THE FACT THAT BIOSTEM IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE ON THE WEBSITE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF THE PRODUCT OR SERVICE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY. IN NO EVENT SHALL BIOSTEM OR ANY OF ITS OWNERS, OFFICERS, PARTNERS, SHAREHOLDERS, MEMBERS, MANAGERS EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF BIOSTEM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT BIOSTEM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
BIOSTEM MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Notwithstanding anything to the contrary contained herein, BioStem's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to One Hundred Dollars ($100.00).
INDEMNIFICATION. You agree to indemnify and hold BioStem, its owners, members, managers, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives and independent contractors, harmless from any loss, liability, damages, claims, actions, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your use of the Website in violation of this Agreement and/or (2) any use of this Website.
FORCE MAJEURE. BioStem shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of BioStem. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, pandemics, epidemics, computer failure, hardware failure, telecommunications failure, software failure, cyber-attacks, cyber-hacks, cyber-crimes, or cyber-disruptions, failure of users to cooperate with the reasonable requests of BioStem, breach of this Agreement by users, and any other events reasonably beyond the control of BioStem.
Consent to ARBITRATION, Jurisdiction, Forum Selection and Choice of Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the substantive laws of Florida without giving effect to any choice or conflict of law provision or rule (whether of Florida or any other jurisdiction) that would cause the application of the substantive laws of any jurisdiction other than those of Florida. In any dispute between the parties, the exclusive procedure for resolving the dispute shall be arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules before one arbitrator in Ft. Lauderdale, Florida. The arbitration is governed by the Federal Arbitration Act, 9 U.S.C., sec. 1, et seq., and in no event shall any provision of the Florida Uniform Arbitration Act (or any future Florida law concerning arbitration) apply. The arbitrator shall be selected from the AAA’s large, complex case panel. Absent good cause or the parties’ agreement, the award shall be rendered within six months of the arbitrator’s selection. The arbitrator shall award reasonable attorneys’ fees and costs to the prevailing party. Except as may be required by law, neither party nor the arbitrator may disclose the existence, contents, or results of anything related to the arbitration, including, but not limited to, pleadings, motions, briefs, discovery, depositions, hearings, or awards without all the parties’ prior written consent. Any dispute arising out of or in connection with this arbitration provision, including any question regarding its existence, validity, scope, or termination, shall be referred to and finally resolved by arbitration. If the resolution of any controversy or claim arising out of or related to this agreement would be barred by the applicable statute of limitations if such resolution were to occur in court, then the resolution of such controversy or claim shall be barred from being resolved pursuant to arbitration. Judgment on the award rendered by the arbitrator may be entered only in the state or federal courts in Ft. Lauderdale, Florida, which shall be the exclusive venue for any court action between the parties. The only exceptions to the exclusive procedure of arbitration are that (i) either party may bring in the state or federal courts in Ft. Lauderdale, Florida an action for injunctive relief pending arbitration; and (ii) neither party may submit to arbitration any dispute related to the validity, scope, enforceability, inventorship, or ownership of any patent, trademark, service mark, or copyright, and, instead, either Party may initiate such litigation in the state or federal courts of Ft. Lauderdale, Florida or appropriate administrative agency. Each Party consents to personal jurisdiction and venue in those courts.
PREVAILING PARTY. In any action to enforce this Agreement, the prevailing party will be entitled to recover its legal expenses, including reasonable attorneys’ fees, legal assistants’ fees, costs and expenses from the non-prevailing party of all court costs (including bankruptcy proceedings and appeals) in addition to any other relief to which the party is entitled. Any cause of action brought by you against BioStem or its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives or independent contractors, MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR BE DEEMED FOREVER WAIVED AND BARRED. THIS ONE-YEAR LIMITATIONS PERIOD APPLIES REGARDLESS OF ANY LONGER STATUTE OF LIMITATIONS THAT MAY OTHERWISE BE AVAILABLE UNDER APPLICABLE LAW.
Entire Agreement. This Agreement contains the entire agreement between you and BioStem regarding the use of the Website. The Privacy Notice (as modified by BioStem from time to time) is incorporated herein by this reference and made a part of this Agreement.
ASSIGNMENT. You may not assign your rights and obligations under this Agreement to any third party, and any purported attempt to do so will be null and void. BioStem may freely assign its rights and obligations under this Agreement.
RELATIONSHIP. Your use of the Website does not create any partnership, joint venture, agency, employment, or other relationship between you and BioStem. Any relationship arising from the purchase of BioStem’s products is governed solely by the separate written sales agreement between you and BioStem, and not by this Agreement.
SEVERABILITY. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
WAIVER. Any failure by BioStem to enforce or exercise any provision of this Agreement or related rights will not constitute a waiver of that right or provision.
Captions. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
Please contact us with any questions regarding this Agreement.