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Terms and Conditions
Biohacking 365 LLC Terms and Conditions
Last Updated: October 16, 2023
Biohacking 365 LLC
99 Washington Avenue, Suite 700
Albany New York 12260 USA
1. Introduction
Welcome to Biohacking 365 LLC's Terms and Conditions. These Terms and Conditions govern your participation in our WhatsApp groups, the biohacking365.com website, biohacking365.substack.com, any other messaging platform, social media, digital platform, or other means for interacting with or posting and/or reading information, messages, images, or chats from members of the groups.
2. Definitions
• "Groups" refer collectively to Biohacking 365, Biohacking 365 Pro and Medical 365 WhatsApp groups.
• "Members" refer collectively to all members in the Biohacking 365, Biohacking 365 Pro and Medical 365 WhatsApp groups.
• "User Content" refers to any content, including but not limited to opinions, articles, product and service recommendations, sources for purchasing such products and services, doctor references, experiences, other knowledge and information, materials, text, audio, and video shared by members within the groups.
• "Terms" refers to these Biohacking 365 LLC Terms and Conditions.
• "We," "Our," or "Us" or “Company” refers to Biohacking 365 LLC.
• "Biohacking 365 LLC" or "the Company" refers to the entity managing, overseeing, and moderating the groups.
3. Acceptance of Terms
Only those Groups Members (current and future) that accept these Terms and Conditions will be permitted to access the Groups. By continuing to read messages or post messages or otherwise passively or actively participate in, access, or observe the Groups, you agree to these Terms and Conditions, including, without limitation, the provisions below dealing with permissions involving use of the information provided in your and in others’ posts, restrictions on direct messaging or otherwise directly contacting the Groups members for commercial purposes without advance written permission to do so; and mandatory arbitration of all disputes on an individual (i.e., non-class action) basis.
If you do not agree with any part of these terms, you should leave the Groups right away. Leaving the Groups does not negate or invalidate the terms and conditions you were previously bound by. You will remain bound by the terms you initially accepted or any subsequent versions you agreed to.
5. Company’s Right to Change Terms
You are responsible for remaining knowledgeable and current about the Terms and Conditions upon any notice to you of a change in them. As set forth above, Company may, at its discretion, alter, limit or modify the Terms and Conditions, or any other feature of services provided for the Groups. The Company will post any updates to the Terms and Conditions here and then update the “Last Updated” date above. Company may also message you about any such changes. In such circumstances, Your continued use or access of the Groups will constitute approval and agreement to such changes.
Not accepting the updates to Terms and Conditions does not negate or invalidate the terms and conditions you were previously bound by. You will remain bound by the terms you initially accepted or any subsequent versions you agreed to.
Membership Eligibility
These Groups are not intended for minors, and you must be at least 18 years old to join the Groups (or older if the age of majority or adulthood where you reside is higher).
Members may join the Biohacking 365 Group by applying to join via a link to the group or by applying on the home page of the www.biohacking365.com website and subsequent approval by the moderator (Company). If you would like to use an alias or username, please select one; if it is not taken by another user or otherwise inappropriate in the Company’s sole discretion, the Company will assign it to you. You will also need to indicate your country of residence and citizenship, and we may ask you for verification of information via a phone number or other mechanism.
Membership in the Groups may also be subject to payment of a fee (whether annual, monthly or other fees for add-ons, etc.), which may change from time to time (the “Fees”). These Fees, and any changes to them, are set out in the Membership Page or will be communicated in some other manner (such as email, direct message, posting through the Groups or otherwise). Any failure or delay in payment of these Fees will result in suspension or termination of the Membership. Fees relate only to access to the Groups, and are not a guarantee of any minimum amount of Content or the quality of the Content in the Groups, any consistent accessibility of the Groups, or any level or quality of moderation. All Fees are nonrefundable upon payment, unless otherwise expressly provided here.
Membership Information must be Current
You must retain your information current. The Company cannot be responsible for any failure to maintain your membership or contact information current, and from time to time, the Company may remove Groups Members who do not confirm or verify their current information.
4. Company's Rights to Terminate Access
Biohacking 365 LLC reserves the right to suspend or terminate any member's access to the Groups at its sole discretion, without any prior warning or the need to provide any explanation.
Please note that you will still be subject to any privacy policies that relate to the Groups, as they may change from time to time.
Termination of access does not negate or invalidate the terms and conditions you were previously bound by. You will remain bound by the terms you initially accepted or any subsequent versions you agreed to.
Intellectual Property Ownership and Licenses
The Groups currently hosts a significant amount of information, posts, materials, images, text, information, audio and video (and other Content). In order to become and remain a Member, you agree to grant the Company a worldwide, non-exclusive, sub-licenseable, fully transferable and irrevocable license to use, reproduce, distribute, create derivative works of, display, publish and perform the materials, images, text, information, video that you upload, submit, store, send, or receive on or through the Groups (the “User Posted Content” or “UPC”); this applies to all User Posted Content that you have posted in the past, or will in the future post in the Groups. You retain your ownership rights in the User Posted Content, but your license grant to the Company in this regard means that the Company will be able to use the User Posted Content for purposes of moderating, hosting, and archiving the Groups, as well as for collecting, analyzing and providing data in the User Posted Content for any reason. The Company also will have and retain the right to reproduce and republish any of your User Posted Content in the future in any future Groups, website or other medium, but will not use your name or likeness in connection with that UPC absent your agreement to do so (which agreement may be granted by Direct Message or other digital communication). With respect to any past Content that you are granting the above license in, You agree that your continued Membership in the Groups is good and adequate consideration for your grant of such license.
6. License to Use User-Generated Content for Specific Purposes
By accepting these T&C, you grant Biohacking 365 LLC a non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, create derivative works from, adapt, summarize, and, where necessary, post entire chat logs from the content you posted or shared in the group ("User Content") for the specific purposes of creating newsletters, organizing chat histories, summarizing or presenting entire discussions by topics, and populating a "recommended products" section on the Biohacking 365 website or other related platforms.
Members have the option to select a username to attribute their posts to, which will remain anonymous unless they grant permission to disclose it to the members of the Groups. If a member does not select a username, Biohacking 365 LLC will generate a random one for them. Regardless of the chosen or assigned username, personal identifiers such as names or phone numbers WILL NOT be published unless explicit permission is obtained from the respective member.
The content may be adapted or summarized, and will not be used in a manner that suggests endorsement or affiliation with any specific member unless explicit permission is obtained.
In cases where a member grants the right to use a specific identifier, such as their real name, they acknowledge and agree that they will not have any claims against Biohacking 365 LLC for representing their posts, even if they are modified, as long as these modifications are not attributed directly to their names or usernames. Direct quotes, including chat logs, will remain unmodified to preserve the integrity of the original statement.
Furthermore, any member has the right to request the removal of unedited information attributed to them, whether it's under their chosen username or another identifier, within 14 calendar days of its publication or dissemination on platforms like websites. However, members should note that newsletters might be sent every 7 days or even more frequently, and once content is included in a sent newsletter, it cannot be removed.
Members should also be aware that simply deleting a message in the chat does not guarantee its removal from other platforms or publications. To formally request the removal of unedited information attributed to them, members must send an email to ideas@biohacking365.comand specify the exact words or phrases they wish to have removed. Upon receipt of such a request, Biohacking 365 LLC will take appropriate action within 30 calendar days, except in cases where the content has already been disseminated in ways that cannot be retracted, such as in sent newsletters.
If a member wishes for a specific post or piece of content they share within the group to remain confidential and not be shared outside the group, they can add the phrase "do not share outside this group" to their post. Biohacking 365 LLC respects the wishes of its members and will ensure that any post marked with this phrase will not be disseminated or used outside the confines of the Whatsapp group.
You represent and warrant that you have the right to grant this license and that the use of your User Content in the manner described herein will not infringe upon or violate the rights of any third party.
Rules and Permissions
You agree that you will not:
- DM/direct message or otherwise directly contact, or spam, other Groups Members for commercial purposes without advance written permission of the Company; if you may violate this provision and contact more than 50 Members, you agree to a parties acknowledge that liquidated damages are appropriate because actual damages are not reasonably ascertainable.
- collect the names, identification or Content of any other Members for commercial purposes, and shall not use automated systems or software to extract or “scrape” data from the Groups, without the express written permission of the Company;
- Archive, collect, sort, analyze, reverse engineer, or otherwise use the Content for any purpose apart from the non-commercial participation in the Groups.
- Threaten, harass, abuse, incite violence or harm against, or libel another Member or any third party;
- Post any false or misleading Content, or Content that violates any third party’s rights, including without limitation, any intellectual property rights, contractual rights, or rights of privacy or publicity;
- Post any Content that violates any laws or contains pornography, religious or other information of a sensitive nature;
- Follow other rules listed in the group description on https://biohacking365.com/group-description
No Transfer
Member accounts may not be merged, transferred, purchased, sold, assigned, auctioned or traded, including by death or as part of a domestic relations matter. Doing so will void the Member account.
Governing Law
These Terms and Conditions, and the relationship between you and the Company shall be governed by, construed and enforced in accordance with the laws of the State of New York, in the United States of America, without giving effect to any conflict of law provisions. You agree that for the purpose of any claim or dispute arising from or relating to these Terms and Conditions and your use of the Groups that is not subject to mandatory arbitration, you agree to be subject to the jurisdiction of the federal or state courts located in New York County, New York, in the United States of America.
WARRANTY
All information is provided “AS IS” and with all faults; nothing in this site constitutes medical advice provided by the Company, and the posting or hosting of any Content and/or the display of the same shall not constitute any confirmation or endorsement of any content or materials, including User Posted Content or medical advice. Company makes no representation, expressed or implied with respect to any content or information posted or hosted in the Groups, including User Posted Content.
**DISCLAIMER: NO CONTENT IN THIS GROUPS IS MEDICAL ADVICE
By joining this Groups you expressly agree and acknowledge that this Groups contains various non-verified and potentially experimental medical information. None of the Content at the Groups is medical advice for you or anyone else, and the Company is merely a moderator, and does not and cannot verify the accuracy of the information contained in the Content, or endorse any information, product, device, regime, practice, or information.
Nothing posted at the Groups should be taken by you to be medical or professional advice, and before acting on any information from this Groups, always seek advice from a qualified medical professional.
The opinions and views expressed in this Groups are those of the individual Members and do not necessarily reflect the views or endorsements of the Company or other Members, and the failure to remove any Content is not to be understood as an endorsement of its accuracy. The Company’s goal is simply to provide a place where this information can be posted, considered and discussed.
MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS.
ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK COUNTY, NEW YORK. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THEN PREVAILING RULES OF JAMS ADR PERTAINING TO THE TYPE OF DISPUTE AT ISSUE. THE ARBITRATOR’S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TERMS AND CONDITIONS, AND ENTERING THIS AGREEMENT, YOU ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL IN CONNECTION WITH ANY CLAIM RELATING TO THESE TERMS AND CONDITIONS, ANY PRIVACY POLICY, AND THE TRANSACTIONS RELATING TO OR CONDUCTED OVER THE GROUPS. COMPANY AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATION OR ACTION. NOTWITHSTANDING THE FOREGOING, THIS MANDATORY ARBITRATION PROVISION SHALL NOT APPLY TO ANY CLAIM BROUGHT BY THE COMPANY CONCERNING A VIOLATION OR THREATENED VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. EACH PARTY SHALL BEAR ITS OWN COSTS AND EXPENSES REGARDING ARBITRATOR’S FEES AND FILING FEES.
Limitation on Damages
To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to any use of the Groups, including, without limitation, any order placed over the Groups and any registered membership with the Groups. This applies even if foreseeable or even if Company has been advised of the possibility of such damages. The effect of this disclaimer and limitation may vary by state, so check your state laws to determine whether it is applicable to you.
Unless otherwise provided by law or express agreements with you, neither the Company, nor any of its affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with any Content or transaction taking place in or over the Groups, (including, without limitation, any such loss, damage expense or inconvenience arising from or relating to a members or third party’s User Posted Content). This means that you agree that the Company and any moderator will not be liable for any claim arising from or relating to any User Posted Content, including a claim arising from the fact that any User Posted Content (a) is removed from the Groups, or (b) is not removed by the moderator of the Groups. This exclusion from liability includes (without limitation) any claim for defamation relating to a person or product, libel, false light, violation of privacy or publicity rights, false representation, false or inaccurate attribution, copying, infringement, or other claims that may arise from a post or User Posted Content. If any of the above claims arise, only the Member is responsible, not the Company or any other moderator.
THE FULL EXTENT OF THE COMPANY’S DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE GROUPS, WHETHER ARISING IN CONTRACT OR IN TORT, SHALL BE LIMITED TO THE GREATER OF (I)$100 AND (II) ANY SUBSCRIPTION FEES YOU HAVE PAID TO THE COMPANY DURING THE TWELVE-MONTH PERIOD PRIOR TO THE CLAIM.
No Liability for Member or Product Reputation:
Biohacking 365 LLC, its affiliates, officers, directors, employees, agents, and representatives shall not be held liable for any statements, comments, or discussions made within the Groups that may be perceived as damaging to the reputation of any member, product, or service. The Groups serve as a platform for open discussion, and the views and opinions expressed by members do not reflect the views or opinions of Biohacking 365 LLC.
No Endorsement of Views:
The presence of any comment, statement, or discussion within the Groups does not imply endorsement or support by Biohacking 365 LLC. Members participate in the Groups at their own risk and are solely responsible for the content they post or share.
Indemnification:
You agree to indemnify, defend, and hold harmless Biohacking 365 LLC, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your participation in the Groups; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that content you submitted caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Groups.
Time Limit to Bring Claims
To the full extent provided by law, you agree that any claim that may be brought by you in connection with the Groups, the Terms and Conditions or any Content or transaction conducted over it must be brought within one (1) year after the claim arose (whether discovered or otherwise). In the event that a claim is not brought timely as set forth above, it shall be deemed waived and time-barred, and the Company irrevocably released of any liability in connection with the same.
NO Warranties/Warranty Disclaimer
THE GROUPS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND COMPANY MAKES NO REPRESENTATION, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FULLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE GROUPS, OR ANY SERVICES OFFERED IN CONNECTION WITH IT, IS SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THE COMPANY DOES NOT WARRANT THAT THE GROUPS WILL BE AVAILABLE AND OPERATE ERROR-FREE OR WITHOUT INTERRUPTION OR DELAY. TO THE FULL EXTENT PROVED BY APPLICABLE LAW, THE GROUPS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY BREACHES OF SECURITY, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY BE ACCESSED OR DELIVERED VIA THE GROUPS.
YOUR USE OF THE GROUPS, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE GROUPS IS AT YOUR OWN RISK. THE COMPANY DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE GROUPS, CONTENT OR SERVICES OFFERED IN CONNECTION WITH IT.
Indemnification
You agree to indemnify, defend and hold the Company, officers, principals, employees, affiliates, parents, subsidiaries, suppliers, licensors, moderators and service providers and each of its and their successors and assigns harmless of from any claims, damages, liabilities, losses, judgments, awards, costs and expenses, including reasonable attorneys’ fees and costs (collectively “Claims”), arising out of or relating to your User Posted Content or other use of the Groups and/or any violation of these Terms and Conditions.
Intellectual Property
BIOHACKING 365 and the design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other property in such materials (collectively, “Company Intellectual Property”) are owned by Company. Apart from your own Content, all content at the Groups, whether text, images, video or software code is the sole property of the Company vis-a-vis you, and shall not be used by you for any purpose.
Copyright Infringement.
We take claims of copyright infringement seriously and will respond to formal notices of alleged copyright infringement that comply with applicable laws of the United States. If you believe any Content infringes your copyright, you may request removal of those materials (or access to them) from the Groups or any online platform by submitting written notification to our copyright agent designated below within a period of 3 months. We would not be able to remove content sent via newsletter. You grant the Company the right to dissiminate
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of your copyrighted work you believe to have been infringed.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Contact information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by you as the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Copyright Agent
Biohacking 365 LLC
Registered Agent Solutions, Inc
99 Washington Avenue, Suite 700
Albany New York 12260 USA
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
You agree that the Company may, without any liability, suspend or terminate your Membership in connection with one or more reported DMCA Notices and allegations of infringement, and any remedy in that respect is between you and the entity reporting such DMCA violation.
Precedence of These Terms and Conditions:
To the extent that there may be any direct and irreconcilable conflict between these Terms and Conditions and any Privacy Policy pertaining to the Groups, these Terms and Conditions will control in connection with any matter relating to the Groups. If you have any questions about opting in or out of any functionality or policy, please contact us directly at ideas@biohacking365.com.