User Agreement

1. Introduction

1.1 Contract

You agree that by clicking “Join Now”, “Join Biome”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Biome Professionals (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Services

This Contract applies to Biome Professionals. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both Members and Visitors.

Biome Professionals

You are entering into this Contract with Biome Professionals and Biome Professionals will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services. This Contract applies to Members and Visitors. As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy and updates.

1.2 Members and Visitors

When you register and join Biome Professionals, you become a Member.

1.3 Change

We may modify this Contract and our Privacy Policy from time to time. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

2. Obligations

2.1 Service Eligibility

To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; and (2) you will only have one Biome Professionals account, which must be in your real name. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.

2.2 Your Account

Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; and (3) not transfer any part of your account (e.g., connections). You are responsible for anything that happens through your account unless you close it or report misuse.

2.3 Payment

We don’t guarantee refunds.  If you buy any of our freelancer paid Services (either “Standard Services” or “Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
  • If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
  • All of your purchases of Services are subject to Biome Professionals’ refund policy.
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

2.4 Notices and Messages

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email). You agree to keep your contact information up to date.

2.5 Sharing

Information that you share may be seen by other Members.

3. Rights and Limits

3.1. Your License to Biome Professionals

You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.  These rights are limited in the following ways:

  1. You can end this license for specific content by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  2. While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

You and Biome Professionals agree that if content includes personal data, it is subject to our Privacy Policy.  You and Biome Professionals agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).  By submitting suggestions or other feedback regarding our Services to Biome Professionals, you agree that Biome Professionals can use and share (but does not have to) such feedback for any purpose without compensation to you.  You promise to only provide information and content that you have the right to share, and that your Biome Professionals profile will be truthful.

3.2 Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.  We may change or discontinue any of our Services. We don’t promise to store or keep showing any information that you’ve posted.  Biome Professionals is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Other Content

Advertisers may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.  By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal or otherwise harmful. Biome Professionals generally does not review content provided by our Members or others. You agree that we are not responsible for others’ content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You are responsible for deciding if you want to access or use third-party sites that link from our Services. Third-party sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Biome Professionals is not responsible for these other sites – use these at your own risk. Please see our Privacy Policy.

3.4 Intellectual Property Rights

Biome Professionals reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

4. Disclaimer and Limit of Liability

4.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.  TO THE EXTENT ALLOWED UNDER LAW, BIOME PROFESSIONALS (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

4.2 Exclusion of Liability

These are the limits of legal liability we may have to you.  TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS BIOME PROFESSIONALS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), BIOME PROFESSIONALS SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR RELATED TO THE SERVICES.

5. Termination

Both you and Biome Professionals may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
  • Any amounts owed by either party prior to termination remain owed after termination.

6. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.

7. How To Contact Us

Contact us at contact@biomeprofessionals.com.