Agreement between User and www.benemite.com and Biotactics, Inc. Welcome to www.benemite.com. The www.benemite.com website and Biotactics, Inc (benemite.com and Biotactics, Inc will be referred to as the" Site") is comprised of various web pages operated by Biotactics, Inc ("Benemite"). The website at www.benemite.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.benemite.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference
www.benemite.com is an E-Commerce Site
www.benemite.com provides users with information on selecting and applying predatory mites
Privacy
Your use of the Site is subject to Biotactics, Inc. Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices
Electronic Communications
Visiting www.benemite.com or sending emails to Biotactics constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Benemite and Biotactics, Inc. is not responsible for third party access to your account that results from theft or misappropriation of your account. Benemite Biotactics, Inc. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion
Children Under Thirteen
Benemite and Biotactics, Inc. does not knowingly collect, either online or offline, personal information from persons under the age of eighteen (18). If you are under 18, you may use the Site only with permission of a parent or guardian.
Cancellation/Refund Policy
Unfortunately, the policy below needed to be created due to a few customers taking advantage of Biotactics and the process for purchasing live insects using a credit card. Roughly 99% of all orders shipped, arrive on time. Even if delayed up to a day, the packing equipment used is rated to keep the predators alive from 1 day to 1 week in transit depending on conditions. Please read the policy below and reach out if you have any questions. Again, this policy has only been needed on less than a handful of orders but is needed to protect us from those who may take advantage of our process and generosity.
Before ordering, Biotactics Inc. recommends the customer know the application rates for their garden or contact Biotactics for a free consultation. This will include the plant count, height, damage level, and several other external factors. Application rate and knowledge of application will be assumed if the customer does not reach out for consultation prior to ordering. Biotactics Inc. does not imply or confirm eradication once predatory mites are applied. Although rare, eradication is possible after one application, typically multiple applications are needed to help the eradication process and this depends on the total number of predatory mites ordered. Failure to order enough predatory mites for the customers infestation is not grounds for a refund and this policy will be cited in case of a chargeback attempt.
Due to the nature of shipping live insects, Biotactics Inc. requires all customers requesting a refund or replacement to submit video evidence of the viability or lack thereof within 24 hours of the shipment being delivered. The 24 hour window to submit video evidence begins as noted on the delivery confirmation time noted by the tracking number provided by the shipping company. Customers may text the video evidence to 951-943-2819 or email them to sales@benemite.com. Video evidence must include a 15-30 second video of the predators shaken onto a white sheet of paper showing no movement. This allows Biotactics to review that mites dropped onto the paper and ensure there are no (or very few) live mites active. The video must be close enough to show if there is or isn’t movement of the predators.
For Cancellations, please contact Biotactics at 951-943-2819 or sales@benemite.com before receiving your tracking number and shipping information. Orders that have already shipped do not qualify for cancellation under our policy and will not be entitled to a refund due to the nature of being live insects raised and pulled from their culture.
For orders that are delivered dead on arrival, customers may choose to have a full replacement at no cost to them, or a full refund as long as video evidence has been submitted on time.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Benemite and Biotactics, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Benemite and Biotactics, Inc. are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Benemite nor Biotactics, Inc. of the site or any association with its operators
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that Benemite and Biotactics, Inc. may share such information and data with any third party with whom Benemite and Biotactics, Inc. have a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Benemite and Biotactics, Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Benemite and Biotactics, Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Benemite and Biotactics, Inc. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Benemite, Biotactics, Inc., and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Benemite and Biotactics, Inc. or our licensors except as expressly authorized by these Terms
International Users
The Service is controlled, operated and administered by Benemite and Biotactics, Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Benemite and Biotactics, Inc. Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations
Indemnification
You agree to indemnify, defend and hold harmless Benemite and Biotactics, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Benemite and Biotactics, Inc. reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Benemite and Biotactics, Inc. in asserting any available defenses
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BIOTACTICS, INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME
BIOTACTICS, INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BIOTACTICS, INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIOTACTICS, INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BIOTACTICS, INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Benemite and Biotactics, Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Benemite and Biotactics, Inc. as a result of this agreement or use of the Site. Benemite and Biotactics, Inc. performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Benemite and Biotactics, Inc. right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Benemite and Biotactics, Inc.with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Benemite and Biotactics, Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Benemite and Biotactics, Inc. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English
Changes to Terms
Benemite and Biotactics, Inc. reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Benemite and Biotactics, Inc. encourages you to periodically review the Terms to stay informed of our updates
Contact Us
Biotactics, Inc. welcomes your questions or comments regarding the Terms
Biotactics, Inc
25139 Briggs Rd
Menifee, California 92585
Email Address:
sales@benemite.com
Telephone number:
951-943-2819
Effective as of April 21, 2022