BioImmune, Inc.

TERMS OF USE

Welcome to BioImmune, Inc.'s (BioImmune.com) Web Portal (the "Portal")!  These terms and conditions of use ("Portal Terms") apply exclusively to your access to, and use of, the Portal so please read them carefully.  They do not alter in any way the terms or conditions of any other agreement you may have with BioImmune, Inc. for other products or services.  BioImmune, Inc. reserves the right to change or modify any of the terms and conditions contained in the Portal Terms or any policy or guideline of the Portal, at any time and in its sole discretion.  Any changes or modification will be effective upon posting of the revisions on the Portal.  Your continued use of this Portal following the posting of its changes or modifications will constitute your acceptance of such changes or modifications.

By accessing, browsing, and using this Portal, you agree to be bound by the terms and conditions described below and all policies and guidelines incorporated by reference.  IF YOU DO NOT AGREE TO THese Portal Terms OR ANY SUBSEQUENT MODIFICATION, do not access, browse or otherwise use this Portal.

If you have any questions regarding the use of the Portal, please refer first to the About Us Page.  If you have any other questions or comments about the Portal or its contents you should contact us directly at info@canceroption.com .

Privacy Policy

BioImmune, Inc. believes strongly in protecting user privacy so you should refer to our Privacy Policy to fully understand how BioImmune, Inc. uses and collects personal identifying information. The Privacy Policy is expressly incorporated herein by reference.

Licenses and Portal Access

Subject to the terms outlined below, BioImmune, Inc. grants you a limited license to make personal use only of the Portal.  Such grant does not include, without limitation: (a) any resale or commercial use of the Portal or content therein; (b) making derivative uses of the Portal or its contents; or (c) use of any data mining, robots, or similar data gathering and extraction methods.  Except as expressly stated in these Portal Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of BioImmune, Inc. or any third party.  Elements of the Portal, including page headers, custom graphics, logos, sounds, images, button icons, text and software are protected by trade dress and other laws and may not be copied or imitated in whole or in part.  No logo, graphic, sound, image, text or other element from the Portal may be copied, reproduced, redistributed or retransmitted unless expressly permitted by BioImmune, Inc. .

You may not use, frame or utilize framing techniques to enclose any BioImmune, Inc. trademark, logo or other proprietary information (including the images found at this Portal, the content of any text or the layout/design of any page or form contained on a page) without BioImmune, Inc. 's express written consent.  Further, you may not use any meta tags or any other "hidden text" utilizing any BioImmune, Inc. name or trademark without BioImmune, Inc. 's express written consent.

Any unauthorized use of this Portal will terminate the permission or license granted by these Portal Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.  All violators will be prosecuted to the fullest extent of the law.

Copyright

All copyrighted and copyrightable materials on this Portal, including, without limitation, the BioImmune, Inc. logo, design, text, graphics, pictures, sound files and other files (the "Materials") and the selection and arrangement thereof are ALL RIGHTS RESERVED Copyright © 2000 BioImmune, Inc. , Inc. and/or its suppliers.  Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of BioImmune, Inc. or the respective copyright owner.  Permission is granted to display, copy, distribute and download the Materials on this Portal for personal, non-commercial, and informational use only; provided that, you may not, without the permission of BioImmune, Inc. or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials. 

Copyright Complaints

BioImmune, Inc. respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BioImmune, Inc.'s copyright agent the following written information:

·         An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·         A description of the copyrighted work that you claim has been infringed upon;

·         A description of where the material that you claim is infringing is located on the Portal;

·         Your address, telephone number, and e-mail address;

·         A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

·         A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Trademarks and Service Marks

BIOIMMUNE, the BIOIMMUNE logo, and the other products and services listed below or described in this Portal are either trademarks and service marks, or registered trademarks and service marks of BioImmune, Inc. and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BioImmune, Inc. or its suppliers or licensors.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of BioImmune, Inc. , and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BioImmune, Inc. .  All other trademarks, service marks, product or service names or logos mentioned herein are the property of their respective owners.  BioImmune, Inc. 's marks include:

AngioSharkOption, Beta GlucanOption, EnzymeOption, FloraPlusOption, ImmuneEssential CAOP, ImmuneOption, ModifiedCitrusOption, MultiOption, OliveLeafOption, ProstCareOption, SoyOption, Super-C Option, and ThymusOption.

Forums and Interactive Areas

This Portal includes discussion forums and interactive areas, including chat rooms and bulletin board services ("BBS").  The forums and interactive areas shall be used only for non-commercial purposes.  By using the forums or interactive areas, you agree not to do any of the following:

q       Upload to, distribute or otherwise publish through this Portal any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;

q       Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

q       Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.  By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;

q       Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and

q       Without BioImmune, Inc. 's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

BioImmune, Inc. takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  BioImmune, Inc. has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas.  BioImmune, Inc. may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate.  Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content.  BioImmune, Inc. reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable.  BioImmune, Inc. also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Portal, including the discussion forums or interactive areas of this Web Portal.  You agree to indemnify and hold harmless BioImmune, Inc. from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Portal Terms, or your violation of any rights of a third party.

Linking

Our Portal.  You are granted a limited, non-exclusive right to create a hyperlink to this Portal provided such link does not portray BioImmune, Inc. or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner.  You may not use any BioImmune, Inc. logo or other proprietary graphic or trademark of BioImmune, Inc. to link to this Portal without the express written permission of BioImmune, Inc. .  This limited right may be revoked at any time. 

Third-Party Web Sites.  BioImmune, Inc. makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Portal, or Web sites linking to this Portal.  The inclusion of any link does not imply affiliation, endorsement, or adoption by BioImmune, Inc. of any linked Web site (or any information contained therein) including, without limitation, any health or cancer-oriented Web site listed in our Clinical Trials Directory, Cancer Research Section, Events Calendar or Affiliates Section.  The linked Web sites are not under the control of BioImmune, Inc. and BioImmune, Inc. is not responsible for the content of any linked Web site or any link contained in a linked Web site, or any review, changes or updates to such Web sites.  BioImmune, Inc. is providing these links to you only as a convenience.  When leaving the Portal, you should be aware that BioImmune, Inc. 's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Web site. 

Only A Forum

This Portal is merely a forum where individuals and professionals can research and post cancer-related content.  BioImmune, Inc. expressly disclaims any affiliation with, sponsorship of, or control over any individual or entity that posts content on, that links to or from, or is referenced on, this Portal.  Reference to any products, services, processes, research, techniques, events or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute nor imply endorsement, affiliation, or sponsorship thereof.  Individuals should use their independent judgement to evaluate the merits of any individual or entity found on the Portal.

Investor Relations Disclosure

This Portal, together with any documents issued by BioImmune, Inc. and available through this Portal, contains statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995.  Those statements appear in a number of places in this Portal together with any documents issued by BioImmune, Inc. and available through this Portal and can be identified by the use of forward-looking terminology such as "believe," "expect," "plans," "may," "will," "should," "anticipates," "forward-looking statement" or similar statements or the negative thereof or other variations thereof.  Such forward-looking statements include, without limitation, statements made as to future operation costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections.  Such forward-looking statements are based on current expectations and by their nature involve known and unknown internal and external risks, uncertainties and other factors which may cause the actual results, performance or achievements to be materially different from those expressed or implied.  BioImmune, Inc. undertakes no obligation to update forward-looking statements to reflect events or circumstances after the date such statements were made.

The information contained within press releases issued by BioImmune, Inc. should not be deemed accurate or current except as of the date the release was posted.  BioImmune, Inc. has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.  To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

BioImmune, Inc. may provide links to third-party Web sites or services that contain financial or investment information about BioImmune, Inc. .  Access to such Web sites and the information contained therein is provided as service to those interested in the information.  BioImmune, Inc. neither regularly monitors nor has control over the content of third parties' statements or Web sites.  Accordingly, BioImmune, Inc. does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst's reports and stock quotes.  BioImmune, Inc. makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Portal.  Users visit these Web sites and use the information contained therein at their own risk.

Disclaimers

"AS IS" BASIS.  THIS PORTAL AND ALL INFORMATION, MATERIALS, CONTENT AND PRODUCTS HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  YOU EXPRESSLY AGREE THAT USE OF THIS PORTAL, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS PORTAL, IS AT YOUR SOLE RISK.  BioImmune, Inc. reserves the right to change any and all content contained on this Portal at any time without notice.

DISCLAIMER OF WARRANTIES.  BioImmune, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT AND PRODUCTS ON THE PORTAL.  BioImmune, Inc. DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS PORTAL ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.  BioImmune, Inc. is not responsible for typographical errors or omissions relating to pricing, TEXT, OR photography.  BioImmune, Inc. DOES NOT REPRESENT OR WARRANT THAT THIS PORTAL OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

MEDICAL DISCLAIMER.  Information on this Portal is not meant to substitute for the advice provided by a licensed healthcare provider or other qualified medical professional.  You should not use the information available at this Portal for diagnosing or treating a health problem or disease, or prescribing any medication.  You should read carefully all product packaging prior to the consumption or use of any product, and seek the advice of a licensed healthcare provider.  If you suspect that you have a medical problem, promptly contact your healthcare provider.  The Food and Drug Administration have not evaluated THE STATEMENTS ACCOMPANYING dietary supplements, vitamins, and herbal products OFFERED FOR SALE ON THIS PORTAL.  THESE products ARE NOT INTENDED to diagnose, treat, cure, or prevent any disease.  Users are advised that decisions regarding DISEASE therapy are complex decisions THAT require the independent, informed opinion of the appropriate health care professional.

Limitation of Liability

IN NO EVENT SHALL BioImmune, Inc. BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF BioImmune, Inc. OR A BioImmune, Inc. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS PORTAL OR THE INFORMATION, MATERIALS, CONTENT OR PRODUCTS CONTAINED IN, ACCESSED THROUGH, OR AVAILABLE ON THIS PORTAL.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BioImmune, Inc. WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING TO THE USE OF THE PORTAL EXCEED THE COMPENSATION YOU PAID BioImmune, Inc. FOR USE OF THIS SITE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Applicable Law

These Portal Terms shall be governed by and construed in accordance with the laws of the State of Arizona, applicable to agreements made and entirely to be performed within the State of Arizona, without resort to its conflict of law provisions.  You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Phoenix, Arizona, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Portal Terms.

Termination

Notwithstanding any of these terms and conditions, BioImmune, Inc. reserves the right, without notice and in its sole discretion, to terminate your license to use the Portal, and to block or prevent future access to and use of the Portal.

Severability

If any provision of these Portal Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Portal Terms and shall not affect the validity and enforceability of any remaining provisions.