CellaMD

i. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1606623/

ii. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3583892/

iii. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6213755/

iv. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6835901/

v. https://pubmed.ncbi.nlm.nih.gov/16198774/

vi. https://pubmed.ncbi.nlm.nih.gov/16198774/

Contact Us

 

Privacy Policy

This Privacy Policy (“Privacy Policy”) describes the data collection, use, sharing and protection practices of CellaMD. (“CellaMD,” the “Company,” “we,” or “us”) and applies to https://www.offer.trycellamd.com/, including any sub domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), and any content, products or services made available through the Website. We refer to the information, products and services made available through the Website as “Services” in this Privacy Policy. We use the words “you” and “your” to mean you, the reader, and other visitors to our Website and users of our Services who are, in all cases, over the age of 18. This age requirement is discussed in more detail later in this Privacy Policy.

By visiting the Website and requesting Services through the Website, you agree to the terms of this Privacy Policy, as they may be amended from time to time. As CellaMD updates or expands its Website or Services, this Privacy Policy may change and the changes are effective upon posting. Please check back frequently for updates as it is your sole responsibility to be aware of changes. Typically, we will indicate the effective/amendment date at the end of this Privacy Policy. If we feel it is appropriate, or if the law requires, we’ll also provide a summary of changes we’ve made near the end of the new Privacy Policy as well. CellaMD does not provide notice of changes in any manner other than by posting the changes at this Website. This Privacy Policy is incorporated into, and part of, the Website Terms and Conditions which govern your use of this Website in general. This Website is intended for users who are located in the United States of America. The Privacy Policy shall be interpreted under the laws of the United States.

This Privacy Policy was amended on May 6, 2020 and is effective as of that date.

NAVIGATING THROUGH THIS PRIVACY POLICY

You can use the links below to navigate to areas of this Privacy Policy that apply specifically to you, or which may otherwise be of interest:

THE Information We Collect

HOW WE USE YOUR INFORMATION

Data Analytics And Advertising

HOW WE SHARE YOUR INFORMATION

THIRD PARTY LINKS AND CONTENT

DATA SECURITY

SUBMITTING INFORMATION FROM OUTSIDE THE UNITED STATES

DATA PRIVACY AND PROTECTION LAWS: THE CCPA AND GDPR

CHILDREN’S PRIVACY

CHANGES TO THIS PRIVACY STATEMENT

CONTACT US

THE Information We Collect

 

CellaMD obtains information about you when you use our Services. Please note that we need certain types of information so that we can provide Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use all or part of our Services.

1. Information You Voluntarily Provide to Us

CellaMD collects information directly from you in a variety ways including:

• The account registration process and the administration of your account;

• Processing your request for a medical marijuana evaluation or personalized consultation;

• Receiving the questions, communications, or feedback you submit to us via email or online forms;

• Your participation in research and surveys; and

• Requests you submit for customer support and technical assistance, including through online chat functions, message, and text messages.

CellaMD collects the following types of information directly from you:

• Name, date of birth, social security number, mailing address, telephone number and email address;

• Billing information, such as credit or debit card number, bank account and routing numbers, and identity verification information that is collected though our payment processors on our behalf;

• Information about your medical conditions, family medical history, previous types of treatment, lab results and medical records or other related health information;

• Log-in credentials;

• Information about purchases or other transactions with CellaMD;

• Information about your customer service and maintenance interactions with us;

• User-generated content you post in public online forums on our Services; and

• Any other information you choose to directly provide to us in connection with you use of the Services.

 

2. Information We Collect Through Automated Means

CellaMD and our services providers (third party companies that work on our behalf) use a variety of technologies to assist in collecting information about your use of the Services and the devices you use to access the Services.

Visitor Data. When you use our Website, we collect information that will help us understand and analyze your experience interacting with our Services. For example, we may collect information related to domain names, the type of browsers used to access the Services, operating system software, browser plug-ins, cookie preferences, search engine keywords, the pages you viewed and amount of time spent on particular pages, terms you use in you searches on our Website, and similar information.

Location Information. When you use the Services, we and our service providers may automatically collect general location information (e.g., IP address, city/state and or postal code associated with an IP address) from your computer or mobile device. This information allows us to enable access to content that varies based on a user’s general location (e.g., to provide you with accurate sales tax information and to deliver content customized to your location).

Cookies. “Cookies” are a feature in your browser software. If enabled, we, or our service providers, may write cookies that may store small amounts of data on your computer about your visit to any of the pages of the Website. Cookies assist us in tracking which of our features appeal the most to you and what content you may have viewed on past visits. When you visit this Website again, cookies can enable us to customize our content according to your preferences.

We may use cookies to:

• keep track of the number of return visits to this Website;

• accumulate and report aggregate, statistical information on Website usage;

• deliver specific content to you based on your interests or past viewing history; and

• save your password for ease of access to the Website.

You can disable cookies, although the Website may not function properly for you. Your browser preferences can be modified to accept or reject all cookies, or request a notification when a cookie is set. You may read more about cookies at http://cookiecentral.com. In order to use all of the features and functionality of CellaMD’s Website, you need to accept cookies.

Web Beacons. A web beacon, sometimes called a tracking pixels, is a programming code that can be used to display an image on a web page, but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows CellaMD and our third-party service providers to track certain websites you visit. Web beacons are used to track online behavioral habits for marketing purposes to determine products or services you may be interested in. In addition to using web beacons on web pages, we also use web beacons in email messages sent to individuals listed in CellaMD’s database.

Other Online Tools. Verhieal may also use a web server log or an SDK. A webserver log is a file where website activity is stored. An SDK is a set of tools and/or code that we embed in our software to allow third parties to collect information about how people interact with our Services.

As we continue to develop the Website and our Services, CellaMD may implement additional methods to gather information about the CellaMD community.

3. Information We Collect From Social Media and other Content Platforms

CellaMD maintains a presence on a variety of social media platforms. When you “like” or “follow” us on Facebook, Instagram, Twitter, or other social media platforms, we may collect some information about you. This information includes your name, email address, any comments or content you post that is relevant to CellaMD. We also collect your information if you sign up for a promotion and submit information to us through one of our social media accounts.

CellaMD also maintains several blogs as a part of its Services. When you comment or post content to any of our blogs, we will collect your name and email address.

4. Information We Receive From Other Sources

CellaMD works closely with third parties (including, for example, physicians, cannabis experts, and dispensaries with whom we partner to provide you with the Services and their healthcare services, subcontractors in software engineering, advertising networks, analytics, and search information providers). These third-parties may provide CellaMD with some additional information about you.

HOW WE USE YOUR INFORMATION

The following paragraphs describe how CellaMD uses your information in connection with our Services.

General Use. CellaMD will use your information as necessary to carry out and manage its Services. This includes, using your information to verify and administer your account, including processing payments and fulfilling orders (if applicable). We will use your information to communicate with you about CellaMD’s Services, your use of the Services or your inquiries related to the Services. CellaMD will use your information to ensure that content from our Services is presented in the most effective manner for you and for your computer or device, allow you to participate in interactive features of our Services (when you choose to do so), and as part of our efforts to keep our Services safe and secure.

Improve CellaMD’s Services. CellaMD continuously seeks to improve its Services. To do so, we conduct research to understand the effectiveness of our Services, improve our Services, and to better understand the CellaMD community. If we publish the results of our research to others, such research will be presented in a de-identified and aggregate form such that individual users cannot be identified.

Promotional Communications. We will use your personal information to communicate with you by email, postal mail, phone, or text message about surveys, promotions, special events or our products and Services and those of our affiliates or third-party partners, and any of their related businesses. By creating an account and using this Website, you are giving your express permission to CellaMD and their agents or vendors the right to contact you with targeted advertising materials by email, text message (SMS), telephone or cellphone, including the use of automated, predictive, programmable, or similar (“robodialers”) dialers or dialing software, or any other means of communication to provide promotional offers. To the extent applicable, you expressly acknowledge that you are solely responsible for all charges billed by your mobile service provider. If you no longer wish to receive promotional communications by email, please follow the unsubscribe link located at the end of the email message.

Marketing/Performance Analysis & Data Analytics. We will use your information to help us better understand your interests and needs, such as by engaging in analysis and research regarding use of the Services. We may use your information to measure or understand the effectiveness of advertising and content we serve to you and others, and to deliver and customize relevant advertising and content to you.

Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use and share such combined information in accordance with this Privacy Policy.

Aggregate/De-Identified Data. We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

Data Analytics And Advertising

1. Data Analytics

We may use third-party web analytics services (such as those of Google Analytics (including Google Signals, Google User-ID, and other Google Analytics features) and MixPanel) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; try to locate the same unique users across multiple browsers or devices to better tailor services and features; and provide certain features to you.  If you have a Google account with personalized advertising enabled, through Google Signals, Google will also be able to gather for us analytics and engagement information from across the various devices you use to access the Services. To prevent Google from using your information for analytics (including cross-device tracking for personalization purposes), you may install the Google Analytics Opt-out Browser Add-on by clicking here. And to opt out of Google Signals, please open your “Settings” app, locate and tap “Google,” select “Ads,” and turn ON “Opt out of Ads Personalization.”  You may also be able to disable cross-device tracking through your Android or Apple device-based settings.

If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.

2. Online Advertising

The Services may integrate third-party advertising technologies (e.g., ad networks and ad servers such as Facebook, Google Ad Words, Criteo and others) that use cookies and other technologies to deliver relevant content and advertising for products on the Services, as well as on other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your searches, demographic data, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services.

We sometimes provide our customer information (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites and mobile applications.

We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your device you use to access the Services by non-affiliated third party advertising network services. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or the Your Online Choices link to opt-out of receiving tailored advertising from companies that participate in those programs. If you are interested in more information about Criteo’s privacy practices or opting-out of Criteo’s advertising services, you may view their Privacy Policy. To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

Please note that if you exercise the opt-out choices above, you will still see advertising when you use the Services, but it will not be tailored to you based on your online behavior over time.

3. Mobile Advertising

When using mobile applications from us or others, you may also receive tailored in-application advertisements. We may use third-party service providers to deliver advertisements on mobile applications or for mobile application analytics. Each operating system, iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application advertisements. We do not control how the applicable platform operator allows you to control receiving personalized in-application advertisements; thus, you should contact the platform provider for further details on opting out of tailored in-application advertisements. You may review the support materials and/or the device settings for the respective operating systems to opt-out of tailored in-app advertisements.

4. Email Marketing

By submitting your email address through the Website, you are expressly consenting to receive emails from CellaMD, including from CellaMD’s affiliates, and from third parties concerning offers and advertisements unrelated to CellaMD. To opt-out of receiving email messages from us, from our affiliates or from other third parties, click on the “Unsubscribe” link contained in each email. Please allow up to 10 business days for us to process your request. Please note if you decide not to receive marketing emails from us, you may still receive transactional email messages regarding your order(s) (i.e., order confirmation, shipping information, etc.). If you have questions or concerns regarding this provision, please contact us at [email protected].

5. Notice Concerning Do Not Track

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.

HOW WE SHARE YOUR INFORMATION

CellaMD may share your information in the following ways:

Affiliates & Related Business Entities. We may share the information we collect with our affiliates or related business entities for the purposes of delivering products or services to you, ensuring a consistent level of service, and to enhance our products, services, and your customer experience.

Service Providers and Third-Party Vendors. We provide access to or share your information with select third parties who use the information to perform services on our behalf. They provide a variety of services to us, including billing, sales, marketing, advertising, analytics, research, customer service, shipping and fulfillment, data storage, IT and security, fraud prevention, payment processing, and auditing and legal services. These entities may also include health care organizations and other third parties we use to support our business or in connection with the administration and support of the Services.

Legal Compliance. By using the Service, you acknowledge and agree that we may access, retain, and disclose information we collect and maintain about you if reasonably necessary to comply with a subpoena or court order, to enforce our Terms of Use, Privacy Policy, or CellaMD’s legal rights.

Business Transfers. As CellaMD continues to grow, we may buy, merge, or partner with other companies. In such transactions, your information may be among the assets that are transferred.

Public Forums. Certain features of our Services make it possible for you to share comments publicly with other users. Any information that you submit through such features is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). For example, if you submit a product review on one of our Websites or blogs, we may display your review (along with the name provided, if any) on other CellaMD websites and on third-party websites. Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.

Aggregate/De-Identified Information. We reserve the right to create Aggregate/De-Identified Data from the information we collect through the services and our sharing of such Aggregate/De-Identified Data is in our sole discretion.

THIRD PARTY LINKS AND CONTENT

The Website and email messages that you receive from CellaMD may sometimes contain hypertext links to the websites of third parties. CellaMD is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. CellaMD does not operate or control in any respect any information, software, products or services available on such third party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

DATA SECURITY

We will implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion. Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure. Therefore, while we strive to protect your personal information by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this Site.

SUBMITTING INFORMATION FROM OUTSIDE THE UNITED STATES

We control and operate the online and mobile resources from within the United States of America (the “U.S.”). Information collected through the Website and Services may be stored and processed in the United States or any other country in which we or our vendors maintain facilities. Although we do not actively block or monitor visitors from other countries, the Website is directed only at visitors from the U.S. As such, this Privacy Policy is consistent with U.S. law and practice and is not adapted to other laws (including European data security and privacy laws). CellaMD will apply the applicable laws of the U.S. including as embodied in this Privacy Policy in place of data protections under your home country's law. That is, you freely and unambiguously acknowledge that this Privacy Policy, not your home country's laws, controls how we will collect, store, process, and transfer your personal information. Similarly, the English language version of this Privacy Policy is the controlling version regardless of any translation you may attempt.

DATA PRIVACY AND PROTECTION LAWS: THE CCPA AND GDPR

Privacy and data protection laws vary around the world and among the several United States. Some of those laws are more specific than others. Most prominently, residents of California and data subjects whose personal information was obtained from them while they were in the European Economic Area, United Kingdom, and Switzerland have certain additional rights in cases where the party collecting that information is governed by the applicable law. We have reviewed our business operations and data-related business practices with legal counsel in the context of the General Data Protection Regulation under European Law also known as the “GDPR” and the California Consumer Privacy Act (the “CCPA”). As a result of that review, as of the effective date of this Privacy Policy, we do not believe we are governed by either the GDPR or CCPA.

We do not, for instance, collect personal information from data subjects in the European Economic Area, United Kingdom, or Switzerland or elsewhere abroad. Similarly, we do not target or tailor our Website or Services or any of our other US-based business activities to appeal to, or specifically attempt to do business in those jurisdictions. In terms of California, although we may do business within the state, we do not meet any of the various statutory thresholds and criteria that would bring us under the CCPA.

For general visitors, consumers and regulators who have questions about whether or how the GDPR, CCPA or other industry- or jurisdiction-specific laws apply to us, you can contact us using the contact information below. 

CHILDREN’S PRIVACY

Federal law imposes special restrictions and obligations on commercial website operators who direct their operations toward, and collect and use information from children under the age of 13. We take those age-related requirements very seriously, and, consistent with them, do not intend for our Website or Services to be used by children under the age of 18, and certainly not by anyone under the age of 13. Moreover, we do not knowingly collect personal information from minors under the age of 18. If we become aware that anyone under the age of 18 has submitted personal information to us via our Website or Services, we will delete that information and not use it for any purpose whatsoever. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet.

CHANGES TO THIS PRIVACY STATEMENT

We reserve the right to change or update this Privacy Policy from time to time. Please check our Website periodically for such changes since all information collected is subject to the Privacy Policy in place at the time of collection. Typically, we will indicate the effective/amendment date at the beginning of this Privacy Policy. If we feel it is appropriate, or if the law requires, we’ll also provide a summary of changes we’ve made near the end of the new Privacy Policy.

CONTACT US

If you have questions about this Privacy Policy or CellaMD’s privacy practices, please contact us at:

CellaMD

Phone: (888) 542-9822
Email: [email protected]

 

 

TERMS AND CONDITIONS

 

OVERVIEW

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER [https://www.trycellamd.com/] THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 15 and 16). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of [https://www.trycellamd.com/] (hereafter the “Website”), which is owned and maintained by CellaMD (“CellaMD,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page . We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

TABLE OF CONTENTS

OVERVIEW

1. Website Use

2. PRIVACY & SECURITY DISCLOSURE

3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

4. PRODUCTS SOLD FOR PERSONAL USE ONLY AND AS PART OF A HEALTHY LIFESTYLE

5. NO MEDICAL ADVICE, AND ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

6. MODIFICATIONS TO THE WEBSITE AND PRICES

7. PAYMENT

8. ORDER PLACEMENT AND ACCEPTANCE

9. SUBSCRIPTIONS

10. SHIPPING POLICIES

11. DELIVERY CONFIRMATION

12. RETURN POLICY

13. SOCIAL MEDIA

14. DISCLAIMER OF WARRANTIES

15. DISCLAIMER OF LIABILITIES

16. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

17. INDEMNIFICATION

18. THIRD-PARTY WEBSITES AND LINKS

19. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS

20. ELECTRONIC COMMUNICATIONS

21. ASSIGNMENT

22. NO WAIVER

23. NO AGENCY RELATIONSHIP

24. SEVERABILITY

25. TERMINATION

26. ENTIRE AGREEMENT

27. QUESTIONS OR ADDITIONAL INFORMATION

TERMS AND CONDITIONS OF USE AND SALE

1. WEBSITE USE

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

2. PRIVACY & SECURITY DISCLOSURE

Our privacy policy may be viewed at Privacy Policy . The Privacy Policy is hereby incorporated into these Terms by reference and constitute a part of these Terms. CellaMD reserves the right to modify the privacy policy at its sole discretion.

3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

4. PRODUCTS SOLD FOR PERSONAL USE ONLY AND AS PART OF A HEALTHY LIFESTYLE

You agree that any products you purchase from CellaMD and/or our Website will be used for your personal, non-commercial use. You agree that you will not resell, re-distribute, modify, or export any product that you order from the Website.

CellaMD does not make any guarantee that you will accomplish your fitness, health and/or wellness goals. All products are to be used as a part of a healthy lifestyle that includes appropriate nutrition, exercise, and self-care. Your results may vary.

5. NO MEDICAL ADVICE, AND ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on the Website is provided for general informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician. The statements made on this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.

While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, 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 or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

6. MODIFICATIONS TO THE WEBSITE AND PRICES

We reserve the right at any time to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping and Returns Policies.

We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.

7. PAYMENT

All charges are in U.S. Dollars. We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, and Discover.

When placing an order online, you will need:

1. The address the card’s statement is sent to (billing address);

2. The card number and expiration date; and

3. The 3 or 4 digit code found only on the card (CVV2 code).

By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any credit card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

8. ORDER PLACEMENT AND ACCEPTANCE

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any loses or damages that may result from our refusal to provide you any service or product. We reserve the right to require additional information before processing any order.

9. SUBSCRIPTIONS

When visiting the Website, you may have the option of purchasing a product or group of products one time or through our Subscribe & Save plan. Our Subscribe & Save plan allows you to automatically replenish you supply of products every [SPECIFY INTERVALS], with the card that you provided at the time of enrollment, until you decide to cancel your subscription.

IF YOU ENROLLED IN OUR SUBSCRIBE & SAVE PLAN AT THE TIME OF YOUR INITIAL PURCHASE AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIBE & SAVE PLAN, YOU MAY DO SO AT ANY TIME BY E-MAILING [email protected] .

If you enrolled in our Subscribe & Save Plan using a credit card and your credit card fails to process for a subsequent shipment, you agree that we may continue attempting to process your payment as well as contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection. In the event we start collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 17 below.

10. SHIPPING POLICIES

We ship orders across the globe. Depending on product availability and your location, orders within the United States are shipped via USPS First Class Mail and typically arrive within 7 days of purchase. For international customers, orders are shipped via UPS or DHL and typically arrive within 14-30 days of purchase. Customers located in particularly remote locations may experience some delays and international customers could experience additional delays due to customs clearance. If you have not received your order within 21 days, please contact our customer care center.

Accurate shipping address and phone number are required. We are not responsible for late or missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after you have submitted it to the Website, please contact our customer care center immediately by calling (888) 542-9822. If were are unable to redirect you order to the correct shipping address, you will be charged an additional shipping and handling fee equal that charged in the original order.

Should you want to modify a pending order, you must contact our customer care center as soon as possible; however, we attempt to ship within 5 working days of you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.

11. DELIVERY CONFIRMATION

Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.

12. RETURN POLICY

Because we are so confident that you will be happy with your purchase, we offer a 180-days no-question-asked return policy. Customers will receive a full refund, less a $5 restocking and recycling fee. After our shipping department receives your return, it typically takes 2 business days to process your refund. The refund will be issued to the credit card that was used to purchase the product. Once the return is processed, it may take an additional 3 to 4 business days for the refund to be posted to your account. Times may vary depending on your financial institution.

Customers are responsible for shipping the returned product to us. We are not responsible for lost or stolen returns and we recommend returning the product using a method that allows you to track and confirm its delivery. Likewise, we recommend purchasing insurance for the returned product in the event that the package is lost or stolen.

All returns must be accompanied by a RMA Number. An RMA Number can be obtained by emailing our customer care center ( [email protected] ).

To ensure your refund is processed, please send returns to:

Product Returns Facility

555 Marriott Drive,
Suite 315 - #251, Nashville,
TN 37214

13. SOCIAL MEDIA

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third party social media platforms we may utilize (“Social Media Presence”).

Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Statement apply to our Social Media Presence. The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of CellaMD. Comments that some would consider inappropriate or offensive may appear on our Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

14. DISCLAIMER OF WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15. DISCLAIMER OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL CellaMD OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER CellaMD HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, CellaMD IS FOUND LIABLE UNDER ANY THEORY, CellaMD’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER CellaMD WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

16. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.

1. General

Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, CellaMD, or any involved third party relating to your account, your use of the Website, your relationship with CellaMD, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by CellaMD or any third party related to your use or attempted use of the products. You, CellaMD, or any involved third party may pursue a Claim. CellaMD agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against CellaMD By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

2. Exceptions

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and CellaMD both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. CellaMD will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Florida: (i) an action by CellaMD relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by CellaMD for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Florida, and forever waive any challenge to said courts’ jurisdiction and venue.

3. Required Pre-Dispute Procedures

We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to CellaMD, Attn: Legal Department, Miami MD, 2705 S Alma School Rd Suite 2 #63 Chandler, AZ 85286. CellaMD will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with CellaMD or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 180 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Florida to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.

4. Commencing Arbitration

You and CellaMD agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.

5. Arbitration Location

If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Florida unless CellaMD otherwise agrees to arbitrate in another forum requested by you.

6. Organization, Rules and the Arbitrator

We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’S Rules are available at www.adr.org or by calling (888) 542-9822. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or CellaMD.

7. Fees

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

8. Governing Law and Award

The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

9. Enforceability

This provision survives termination of your account or relationship with CellaMD, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

10. Miscellaneous

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and CellaMD and shall not be modified except in writing by CellaMD.

11. Amendments

CellaMD reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a CellaMD product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, CellaMD will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a CellaMD product, is affirmation of your consent to such material changes.

YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT CellaMD, ATTN: LEGAL DEPARTMENT, Miami MD, 2705 S Alma School Rd Suite 2 #63 Chandler, AZ 85286. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.

17. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless CellaMD, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

18. THIRD-PARTY WEBSITES AND LINKS

Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

19. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS

CellaMD may use testimonials and/or product reviews in whole or in part together with the name and state/country of the person submitting it. Testimonials may be used for any form of activity relating to CellaMD’s products, in printed and online media, as CellaMD determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products. As noted in Section 4 above, your results will vary depending upon a variety of factors unique to you, such as your age, health, and genetics.

Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

Additionally, CellaMD reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. CellaMD shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.

20. ELECTRONIC COMMUNICATIONS

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

21. ASSIGNMENT

You may not assign any of your rights under these Terms, and any such attempt will be null and void. CellaMD and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of CellaMD’s business is transferred to another entity by way of merger, sale of its assets or otherwise.

22. NO WAIVER

No waiver by CellaMD of any term or condition set forth 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, and any failure by CellaMD to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

23. NO AGENCY RELATIONSHIP

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of you receiving a product from us or from using this Website.

24. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

No waiver by CellaMD of any term or condition set forth 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, and any failure by CellaMD to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

25. TERMINATION

In the event that we terminate this Agreement, Sections 2-3, 14-17, 20-24, 26, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

26. ENTIRE AGREEMENT

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Amplify, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

27. QUESTIONS OR ADDITIONAL INFORMATION

If you purchased a product through the Website, please email our customer care center ( [email protected] ) for assistance.

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