1. Acceptance

By accessing or using biodivex.com ("the Service"), operated by Biodivex ("Company," "we," "us"), you agree to these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, do not use the Service.

2. Use of the Service

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates applicable federal, state, or local law;
• Attempt to probe, scan, or test the vulnerability of any system or network;
• Transmit any unsolicited commercial communications;
• Impersonate or misrepresent your affiliation with any person or organization.

3. Accounts

You are responsible for maintaining the confidentiality of any account credentials and for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Biodivex and its licensors. Our trademarks, trade dress, and the "Biodivex" name may not be used without prior written permission.

You retain ownership of any data you submit to the Service. By submitting data, you grant us a limited, non-exclusive license to use that data to provide and improve the Service.

5. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

Information provided through the Service — including ecosystem health scores, biodiversity indices, and credit valuations — is for informational purposes only and does not constitute investment, legal, tax, or environmental advice.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIODIVEX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS (USD $100).

7. Indemnification

You agree to indemnify, defend, and hold harmless Biodivex and its officers, directors, employees, and agents from any claim, liability, damage, loss, or expense (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

8. Changes to Terms

We may revise these Terms at any time. Material changes will be indicated by updating the "Last updated" date. Continued use of the Service following notice of changes constitutes acceptance of the revised Terms.

9. Termination

We may terminate or suspend your access to the Service at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any choice or conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall first be submitted to good-faith negotiation. If unresolved within 30 days, the dispute shall be submitted to binding arbitration administered by JAMS under its Streamlined Arbitration Rules. Arbitration shall take place in Oregon, USA. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

CLASS ACTION WAIVER: TO THE EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. YOU AND BIODIVEX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION.

11. Contact

Questions about these Terms may be sent to: