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TERMS AND CONDITIONS

Effective Date: January 20, 2020

Thank you for visiting the website of Ultraceuticals US LLC (“Ultraceuticals,” “Company,” “we,” “us,” or “our”) located at http://www.ultraceuticals.com/us (our “Website”).

These Terms and Conditions, which include all additional terms, conditions, and policies incorporated by reference herein (the “Terms”), govern all access to and use of the content, functionality, and services of our Website by you (a “user” of the Website). These Terms apply when you place orders to purchase products or services on our Website.

Please read these Terms carefully, as they contain important information regarding your legal rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please also read our Privacy Policy, which is incorporated by reference herein.

THESE TERMS REQUIRE, TO THE FULLEST EXTENT PERMITTED BY LAW, ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

YOU MUST BE 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION TO CREATE AN ACCOUNT OR MAKE A PURCHASE ON THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE OR UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MAY NOT CREATE AN ACCOUNT OR MAKE A PURCHASE ON THIS WEBSITE. THIS WEBSITE IS NOT DIRECTED TO, AND SHOULD NOT BE ACCESSED OR USED IN ANY WAY BY, CHILDREN UNDER 13 YEARS OF AGE.

BY USING THIS WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, ACCEPT, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR WEBSITE.

Acceptance of Binding Terms

Changes to the Terms

Privacy

Account Creation and Access

Purchases on the Website

User Content

Prohibited Uses

Intellectual Property Rights

Availability of and Changes to the Website

Special Features, Functionality, and Promotional Events

Linking to Our Website

Third-Party Content

Links to Third-Party Websites

Intended Audience and Geographic Restrictions

Disclaimer

Limitation of Liability

Indemnification

Governing Law and Jurisdiction

BINDING ARBITRATION AND CLASS ACTION WAIVER

Limitation of Time to File Claims

Additional Terms

Notices

Your Comments and Concerns

Acceptance of Binding Terms

These Terms, which include all additional terms, conditions, and policies incorporated by reference herein, are a legally binding contract entered into by and between you and the Company. These Terms govern any and all of your access to and use of the Website (including just browsing through the Website), whether or not you register and create an account, and whether or not you make any purchases.

Please read these Terms carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, you must not access or use the Website in any way.

Changes to the Terms

We may revise and update these Terms from time to time and at any time in our sole discretion without prior notice. Any changes to the Terms will be in effect as of the “Last Updated Date” posted at the top of this page and will apply to all access to, use of, and purchases on the Website thereafter.

You should review these Terms prior to using, or purchasing any products or services on, the Website. Your continued use of the Website following the posting of updated Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Privacy

Information that you provide to us and/or that we collect from you on or through this Website, including personal information, is subject to our Privacy Policy, which is incorporated by reference herein. By using the Website, you consent to all actions taken by us with respect to your information, including your personal information, in accordance with our Privacy Policy.

Account Creation and Access

To place orders and access certain services on our Website, you must provide certain information to register and create a user account. It is a condition of your use of the Website that all of the information you provide on the Website is accurate, current, and complete. All information that you provide to us will be used in accordance with our Privacy Policy

By creating an account, you agree that you are responsible for maintaining the confidentiality of your account information, including your password. You acknowledge that your account is personal to you and you agree not to provide any other person with access to this Website or to portions of it using your account information. You acknowledge and agree that you are fully responsible for all activities that occur through your account. You agree to notify us immediately of any unauthorized access to or use of your account information or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other account information.

We have the right to cancel or disable your account, or to change any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Purchases on the Website

By placing an order to purchase any products or services on our Website, you agree to and accept these Terms and you agree and accept to be bound and abide by them. In addition to the terms and conditions provided here, purchases on our Website are also subject to Shipping and Delivery Policy, our Returns and Refunds Policy, and our Online Consultation Policy which are incorporated by reference herein.

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. Orders will not be considered accepted by us until we have transferred the products that you ordered to the carrier for shipment.

You understand and agree that all orders are subject to product availability, which may change without notice. All information you provide when placing an order must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and may result in cancellation of your order. Prior to accepting an order, we reserve the right to request additional information from you to verify your identity and/or validate the payment information to process your order.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel the quantity of products ordered per person, per household, or per order. These restrictions may include orders placed by or under the same user account, the same credit card, and/or orders that use the same billing and/or shipping address.

We strive to display accurate information on our Website. However, we may on occasion make inadvertent typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have placed your order). In the event that products are listed at an incorrect price, we have the right to refuse or cancel orders for products listed at the incorrect price.

We also reserve the right to refuse or to cancel any order for any other reason in our sole discretion, including, but not limited to, errors or inaccuracies in payment or shipping information, product shipment delays or unavailability, suspected fraudulent activity or information, orders connected with a previous credit card dispute, and orders placed by users in violation of these Terms.

If we change, refuse, or cancel an order, we will notify you by contacting the email address you have provided to us.

Prices and Payment Terms

All prices listed on this Website are shown in US dollars and subject to change without notice. By placing your order, you agree to accept and pay for the products ordered at the prices listed for the products at the time of your order. Listed prices do not include shipping and handling costs or any applicable taxes. All such taxes and costs will be added to your order total at checkout. You understand and agree that your order total shown at checkout reflects estimated tax and that the actual charge to your payment method will include all applicable taxes calculated at the time your order is accepted.

Terms of payment are within our sole discretion. All orders must be paid in US dollars by one of the authorized payment methods offered on the Website. Payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card or other payment method information you provide to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honored by your credit card or payment method company, and (iv) you will pay the actual charges incurred by you at the listed prices, including all shipping and handling charges and applicable taxes calculated at the time your order is shipped.

Shipments and Delivery

For information about shipments and delivery, please refer to our Shipping and Delivery Policy,which is incorporated by reference herein.

Returns and Refunds

For information about returns, refunds, cancellations, and exchanges, please refer to our Returns and Refunds Policy, which is incorporated by reference herein.

Purchases Not for Resale or Export

You represent and warrant that products you purchase on our Website are for your own personal or household use and not for resale or export. You further represent and warrant that all purchases you make are intended for final delivery to locations within the United States.

User Content

Ultraceuticals welcomes your ratings, reviews, and other communications, photos, videos, sound, music, graphics, suggestions, ideas, ratings, or other content that you submit to Ultraceuticals or post on or through our Website, or any content or information that you post through any social media and allow Ultraceuticals to feature, such as your name, social media handle, and any accompanying text, images, or video (collectively, the “User Content”), as long as the User Content submitted by you complies with these Terms.

By submitting or posting any User Content, you agree to be bound by these Terms. Please do not submit or post any User Content if you do not fully agree with these Terms.

By submitting or posting any User Content, you represent and warrant that:

  • you own and control all rights in and to such User Content, and have the right to grant the license granted below to us and our affiliates and service providers and each of their and our respective licensees, successor, and assigns.
  • all “moral rights” that you may have in such User Content have been voluntarily waived by you;
  • all User Content that you post is accurate;
  • you are at least 13 years old; and
  • use of the User Content you supply does not violate these Terms and will not cause injury to any person or entity.
  • You further agree and warrant that you shall not submit or post any User Content:
  • that is known by you to be false, inaccurate, or misleading;
  • that infringes any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • that is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity;
  • for which you were compensated or granted any consideration by any third party;
  • that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
  • that contains any computer viruses, worms, or other potentially damaging computer programs or files.

You agree to indemnify and hold Ultraceuticals (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

By submitting or posting any User Content, you grant to Ultraceuticals a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium, or technology throughout the world for any purpose and without compensation to you.

All User Content that you submit or post may be used in Ultraceuticals’ sole discretion. We reserve the right to change, condense, or delete any User Content on our Website or social media platforms that we deem, in our sole discretion, to violate any provision of these Terms. Ultraceuticals does not guarantee that you will have any recourse through Ultraceuticals to edit or delete any content you have submitted. Ultraceuticals reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, and not Ultraceuticals, are solely responsible for the contents of the submitted content (whether edited by us or not). None of the content that you submit shall be subject to any obligation of confidence on the part of Ultraceuticals, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. These Terms permit you to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or materials available through the Website. If you access or use any part of the Website in breach of these Terms, your right to use the Website will stop immediately.

You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation, or to engage in any other conduct that, as determined by the Company in its sole discretion, may harm, infringe upon the rights of, or expose to liability, the Company or any or third party or users of the Website.

Additionally, you agree not to:

  • request or otherwise attempt to harvest, obtain or store, personal information, passwords, and other account information, or any other type of information relating to other users;
  • access or use another person’s account;
  • disguise the origin of user communication;
  • alter, modify, frame, or “mirror” any User Content;
  • create a deep-link to our Website by by-passing the Website's home page;
  • use any data mining, robots, or similar data-gathering and extraction tools in connection with the Website, or any other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
  • inhibit, disrupt, or otherwise prevent any other party from using or accessing the Website or interrupt any user's experience on the Website, including, but not limited to, acting in any manner that disrupts or interferes with any user’s ability to engage in real-time activities on the Website;
  • interfere with or disrupt, disable, overburden, damage, or impair the Website, or the servers or network connections to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • or attempt to gain unauthorized access to the Website (or any portion thereof).

Ultraceuticals reserves the right to take any action it deems necessary to cure or prevent any violation, including without limitation, the immediate removal from the Website of any alteration or modifications therein.

Intellectual Property Rights

The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, graphics, logos, button icons, displays, images, video, and audio, and the design, selection, compilation and arrangement thereof (collectively, the “Content”) is owned by the Company, our affiliates, partners, or licensors, or other providers of such material, and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Company name, the Company’s Ultra Academy logo, the terms Ultra MD, Microeslastin, and RVR90, and all related names, logos, product and service names, designs, and slogans (collectively, the “Trademarks”) are trademarks of the Company or its affiliates or licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Unless specifically and expressly authorized by these Terms, or required under applicable law, neither the Content or Trademarks may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permissions should be directed to us at the address specified below:

Ultraceuticals US LLC

246 Fifth Avenue

Floor 3, Suite 04

New York, NY 10001

No right, title, or interest in or to the Website or any Content or Trademarks on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Availability of and Changes to the Website

We reserve the right to modify, suspend, or discontinue this Website, and any products, services, content, features, or materials provided or offered through the Website, in our sole discretion and without notice. We will not be liable for any reason if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including users who are registered and have accounts. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website, or any products, services, content, features, or materials provided or offered through the Website.

Special Features, Functionality, and Promotional Events

This Website may offer certain special features and functionality or promotional events (such as contests, sweepstakes, or other offerings) which may: be subject to terms of use, rules, and/or policies in addition to these Terms; and be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of these offerings will be subject to such additional terms of use, rules, and/or policies.

Linking to Our Website

You agree not to link to our Website or any part of our Website in any way that suggests any form of association, approval, or endorsement on our part without our express written consent, or that damages or takes advantage of our reputation, or that is illegal, unfair, or misleading.

You must not:

  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any links at any time without notice in our discretion.

 

Third-Party Content

This Website may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all other content other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials and content. Those materials and content do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links to Third-Party Websites

The Website may contain links to other websites, including without limitation social media websites, maintained by third parties (“Linked Websites”). These links are provided for your convenience only. We have no control over the contents of those websites or their services, and the inclusion of Linked Websites does not imply endorsement by us of the Linked Websites. We accept no responsibility for Linked Websites or for any loss or damage that may arise from your access to them. If you decide to access any Linked Websites, you do so entirely at your own risk and subject to the terms and conditions and policies of such Linked Websites.

Intended Audience and Geographic Restrictions

This Website is not intended for and should not be used or accessed by anyone under the age of 13. You must be 18 years old, or the age of majority in your jurisdiction of residence, to register and create an account and/or to make a purchase on our Website. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer

THIS WEBSITE IS PROVIDED BY ULTRACEUTICALS ON AN “AS IS” AND “AS AVAILABLE” BASIS. ULTRACEUTICALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. ULTRACEUTICALS DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH ULTRACEUTICALS ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE WEBSITE.

Limitation of Liability

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, OR OTHERWISE), INJURY, CLAIM, OR LIABILITY BASED UPON OR RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY LINKED WEBSITES. ULTRACEUTICALS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY MATERIALS ON THE WEBSITE, OR WITH ANY OF ULTRACEUTICALS TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of these Terms, including, without limitation, any claims alleging facts that, if true, would constitute a breach by you of these Terms, and/or (ii) your use of the Website and any use of the Website’s information and/or services provided on the Website.

Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

Binding Arbitration and Class Action Waiver

YOU AND ULTRACEUTICALS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE WEBSITE, THE WEBSITE’S CONTENT AND SERVICES, OR YOUR PURCHASES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association under its Rules of Arbitration (the “AAA Rules”) then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Except as otherwise provided herein, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ULTRACEUTICALS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Additional Terms

The foregoing Terms govern all transactions between you and Ultraceuticals through our Website and supersede all prior agreements and representations. Headings are for reference purposes only and in no way define or limit the scope of the section. No waiver by Ultraceuticals of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Ultraceuticals to assert a right or provision under these Terms shall not constitute a waiver of such right or provision, and the failure of Ultraceuticals to act with respect to a breach of the Terms by you or others does not constitute a waiver and shall not limit Ultraceuticals’ rights with respect to such breach or any subsequent breaches.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, cyberattacks, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

Notices

We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To give us notice under these Terms, you must contact us by email at www.ultraceuticals.com/us/contact. We may update the email address for notices to us by posting a notice on the Website. Notices provided by email will be effective upon delivery.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to www.ultraceuticals.com/us/contact.

 

Privacy Policy for California Residents

Effective Date: February 1, 2021

Last Updated on: February 1, 2021

This Privacy Policy for California Residents supplements the information contained in the Privacy Policy of Ultraceuticals US LLC (“Ultraceuticals,” “Company,” “we,” “us,” or “our) and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this Policy.

Information We Collect

We collect information, including on or through our U.S. website located at http://www.ultraceuticals.com/us (the “Website”) that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include publicly available information from government records, nor does it include deidentified or aggregated consumer information.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months: identifiers, information subject to Cal. Civ. Code § 1798.80(e), characteristics of protected classifications under California or U.S. law, commercial information, biometrics information, Internet or other electronic network activity information, geolocation data, professional or employment-related information, audio, electronic, visual or similar information, inferences drawn about you and other categories of personal information that relate to, describe or are reasonably capable of being associated with you.

For examples of the specific data points we collect and the sources from which we collect this personal information, please see “Personal and Other Information We Collect and How We Collect It” in our Privacy Policy.  

 

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our Website, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, and transactions, and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred.
  • For any other purpose described in the “Use of Information” section of our Privacy Policy.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

 

Sharing Personal Information

In the preceding twelve (12) months, Company has not disclosed personal information for a business purpose to third parties. In the future, we may share your personal information by disclosing it to a third party for a business purpose. We will only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and we will prohibit using the disclosed information for any purpose except performing the contract.

In the preceding twelve (12) months, we have not sold personal information to third parties, and we will continue to not sell personal information to third parties. For more on your personal information sales and your rights, see Personal Information Sales Opt-Out and Opt-In Rights below.

 

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
  • The specific pieces of personal information we collected about you (also called a data portability request).

 

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will, as required by the CCPA, delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

 

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by either:

  • Emailing us at: digital@ultraceuticals.com
  • Visiting www.ultraceuticals.com/us/contact

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You do not need to create an account with us to submit a request to know or delete.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact digital@ultraceuticals.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

Personal Information Sales Opt-Out and Opt-In Rights

We do not sell personal information. If this changes, we will update this Privacy Policy and provide instructions on exercising your sale opt-out or opt-in rights here.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. At this time, we do not disclose personal information to third parties for their direct marketing purposes.

 

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

 

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: digital@ultraceuticals.com

Website: www.ultraceuticals.com/us/contact

Postal Address:

Ultraceuticals US LLC

246 Fifth Avenue

Floor 3, Suite 04

New York, NY 10001

 

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