Welcome to the MyCellEssentials web site located at "www.mycellessentials.com" (this "Site"), which is owned by AlivenLabs, LLC ("AlivenLabs"). Please read this page carefully before using this Site. By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these "Terms"), including but not limited to conducting this transaction electronically, disclaimers and a choice of Tennessee law.
These Terms are effective as of April 12, 2018.
All contents of this Site are: ©2018 AlivenLabs, LLC. All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, excepts from a book, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and "look and feel" of this Site and the content are copyrighted as a collective work under United States copyright laws (collectively, the "Content").
Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from this Site, in whole or in part, without the express permission of AlivenLabs.
Reproduction, distribution, republication, and/or retransmission of material contained within this website is prohibited without prior written consent of AlivenLabs, LLC.Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of AlivenLabs' intellectual property rights.
You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.
The information and materials made available on this website have been prepared by AlivenLabs, LLC for general informational purposes only and should not be construed as medical advice on any subject matter, or to answer specific medical problems you may have. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a doctor licensed in the recipient’s state. The content of this website contains general information and may not reflect current medical developments. AlivenLabs, LLC expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this website.
While we try to ensure the accuracy of the information on this website, we cannot guarantee that all of the information is accurate or complete. You should be aware that medicine is constantly changing and varies by circumstance. Therefore, information on a given medical or medical issue may not be current or apply to your particular situation. You should not act or refrain from acting upon this information without seeking the advice of professional doctor in your geographical area. Viewing and use of any of the information on this site does not create an attorney-client relationship between you and AlivenLabs, LLC.
CHILDREN ONLINE PRIVACY PROTECTION ACT
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any payments through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.
If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at http://mycellessentials.com/contact-us
We are committed to complying with the Children’s Online Privacy Protection Act (COPPA). Schools and parents should supervise their children’s online activities and consider the use of other means to provide a child-friendly, online environment. If you would like to learn more about COPPA, visit the Federal Trade Commission home page at http://www.ftc.gov.
The Company allows clients to make payments for legal services via an online portal. We have engaged third-party service providers to perform many of the services related to payment processing, including card processing, identity verification, fraud analysis and regulatory compliance.
The Company partners with Authorize.Net and DataPakServices to facilitate card payments for clients. We may share your personal or transactional information with this third-party service provider when it is necessary to process payments. Information about Authorize.Net can be found at: www.datapakservices.com
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.
Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).
The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counter notice to the website owner and/or the ISP.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Please send DMCA notifications of claimed copyright infringement to:
THE WEBSITE OWNER
AlivenLabs, LLC 1907-21st Avenue South • Nashville, TN 37212
CALIFORNIA TRANSPARENCY ACT
AlivenLabs, LLC is committed to upholding fair and safe employment and workplace conditions. To achieve this, we build meaningful partnerships with those who share our values, and work to develop sustainable and long-lasting improvements that extend through our supply chain. We believe that a well-managed and healthy supply chain is integral to building a stable, successful business.
Code of Conduct
AlivenLabs, LLC’s Code of Conduct is communicated to and signed by all our supply chain partners. This Code of Conduct was developed using established international frameworks, including the International Bill of Human Rights and the ILO Fundamental Principles and Rights at Work — such as the Forced Labour Convention (No.29), Abolition of Forced Labour Convention (No.105), Minimum Age Convention (No. 138) and Worst Forms of Child Labour Convention (No. 182) amongst others. In addition, the Code of Conduct draws from the ETI Base Code, recognized as one of the leading frameworks in the global beauty industry.
AlivenLabs, LLC’s Corporate Responsibility department supports the implementation of our Code of Conduct. Based on a risk analysis of the product supply chain, AlivenLabs, LLC has researched select factories and countries where priority is placed on monitoring.
Monitoring is carried out by independent specialists and can be announced or unannounced (determined on a case-by-case basis) and will always include interviews with workers. When conditions at a factory do not meet our standards, AlivenLabs, LLC will work with the factory to improve them by providing a Corrective Action Plan. The factory is then required to demonstrate improvements within the timeframe given, and AlivenLabs, LLC will provide any support necessary to remediate any identified issues.
Factories are graded according to the severity of the issues. In cases of critical non-compliances and if the factory is either unable or unwilling to make improvements, AlivenLabs, LLC may decide, as a last resort, to terminate the relationship. However, we will take care to ensure that the exit is responsible and does not adversely impact the workforce.
AlivenLabs, LLC is conscious that certain employment conditions deeper in supply chains may represent a more significant risk of forced and trafficked labour. Our partners are only permitted to use subcontractors where prior written consent has been provided and the same monitoring process is applied to subcontractors. We ask that all partners confirm that any raw materials used in AlivenLabs, LLC Products are derived from sources that are compliant with local employment regulations.
Training & Development
AlivenLabs, LLC is aware that only through developing and empowering our own employees can we effectively implement our values. Therefore, we have developed a training and education program to ensure key employees — particularly those who interact and have relationships with our factories — understand the risks associated with manufacturing offshore and are aware of the systems and processes in place should any issues be identified.
This statement is made pursuant to the California Transparency in Supply Chains Act of 2010 (SB 657) and sets out the policies and processes at AlivenLabs, LLC to prevent the occurrence of slavery and human trafficking in our supply chain and other operations.
AlivenLabs makes no representation of any kind regarding this Site, Content or any portion thereof, WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. AlivenLabs EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
Without prejudice to the generality of the foregoing paragraph, AlivenLabs, LLC does not warrant that this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
WHAT DO WE DO WITH YOUR PERSONAL DATA?
Main Uses of Your Data
This section of the Policy describes the things that we do with your data which relate directly to your use of the Site and our services. They are the things that we hope you would expect us to do with your information. We will use your information:
• to provide the products available on our Site to you;
This section of the Policy describes the things that we do with your data that arise from our monitoring of the Site and the collection of your information whilst using the Site. We may use this information:
• to identify patterns that we can use in our marketing strategy and to help us develop, administer, support and improve our services and features and adverts;
• to conduct reviews that assist us in the improvement and optimization of our Site;
• to ensure that content from our Site is presented in the most effective manner for you and for your computer;
• to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and
• as part of our efforts to keep our Site safe and secure.
We may combine technical information with other information that we have about you to help us with our processing of your information as described in this Policy.
Use of your data for marketing and communications
Sometimes we may use your personal information to provide marketing messages to you or allow us or third parties to communicate with you on third party services. We will always seek your consent before doing so and you can opt out of marketing and other communications at any time by contacting us here. You can always make use of the Site without having to agree to marketing. The types of things that we may do include:
• providing direct marketing advertisements and communications to you via email, text, post or telephone or via our selected third parties;
• making suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them;
• communicating with you on third party social media platforms and sharing your information with that social media platform;
• monitoring the effectiveness of our direct marketing communications and your responses to it.
WHO HAS ACCESS TO YOUR PERSONAL DATA?
We retain access to all personal information that we have collected from you or about you. Our product fulfillment company and email marketing companies also retain some of the data (for example your name and email are passed to our email marketing partner so we may send product confirmation and marketing emails).
When our service is available via the websites of our partners, those partners may have access to your information. We may also have links to other websites from our Site. We are not responsible for the content, security, privacy policies and practices of any other websites, even if you access them using links from this Site or if you can access this Site or use our services from them. We recommend that you check the policy of each website that you visit and make sure that you are comfortable with the terms of such policies before providing any personal information.
If our business is sold or merged, or if we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets. We will make sure that any such transfer is done in a secure way.
If we offer or supply a service to you that is provided on our behalf by a third party we may have to pass your information to them in order to deliver the service. By using this Site you consent to us providing your information to the third parties authorized by us to provide such services. We may also use third parties to provide services on our behalf which may include processing (but not using themselves) your information e.g. to complete partial addresses or to augment the information we hold about you. In either case, we will not pass your information to anyone who is not also subject to adequate privacy commitments in our contract with them and we will not allow the third party to use your information for marketing purposes without your consent.
We will not otherwise disclose, sell or distribute your information to any third party without your permission unless we are required to do so by law or to obtain professional advice. We will retain your information for as long as is reasonable and necessary and no longer than permitted by law.
WHERE DO WE STORE YOUR PERSONAL DATA?
We maintain your data at the server of our internet service provider, our email marketing company, our offices and our product fulfillment centers.
For any Europeans using the site, the data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or contractors. Territories outside of the EEA may not have equivalent legal protections to those that apply within the EEA but we are under a duty to make sure that our suppliers and contractors located outside of the EEA continue to take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy. By submitting your personal data to us, you agree to this transfer, storing or processing.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
We follow strict security procedures to ensure that your personal information is not damaged, destroyed or disclosed to a third party without your permission and to prevent unauthorized access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. If we are working with third parties, we will require them to have in place similar measures to protect your information.
You have the right to ask us not to process your personal data at any time.
You have the right to use our Site without consenting to marketing and communication services that we provide. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. We always use the most recently submitted form to be your current consent status. If you are a registered user, but not signed in when you submit a form, we will not be able to use your saved settings so will deem your consent choice to be as per the form you submit at the time. You can exercise your right to prevent such processing by ticking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at http://mycellessentials.com/contact
The Data Protection Act 1998 (DPA) gives you the right to access information held about you. Your right of access can be exercised in accordance with the DPA.
COOKIES AND TRACKING
Like many websites, we use "cookies" to enable us to personalise your visits to our Site, simplify the signing-in procedure, keep track of your preferences, for marketing purposes and to track the usage of our Site.
LIMITATIONS OF LIABILITY
AlivenLabs, LLC will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
IN NO EVENT SHALL AlivenLabs BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, exemplary, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF AlivenLabs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the generality of the foregoing, under no circumstances shall AlivenLabs or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if advised of the possibility of such damages) that result from (a) any delay, failure, interruption or corruption of this Site or any data or information transmitted in connection with the use of this Site; (b) personal injury or death caused by your use or misuse of this Site; (c) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from this Site; (d) unauthorized access to or alteration of your transmissions or data; and (e) any other matter relating to our Site. You hereby acknowledge that this paragraph shall apply to all nutraceuticals, products, and services available through this Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, AlivenLabs sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Use of this Site is governed by Tennessee law. Any claim related to the Site and any product purchased through this Site shall be brought in a federal or state court in Tennessee within one (1) year after the claim arises. Users of this Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Site.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
AlivenLabs may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your exclusive recourse is to immediately terminate use of this Site.
AlivenLabs also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. AlivenLabs may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that AlivenLabs will not be liable to you or any third party in the event that AlivenLabs exercises its right to modify or terminate access to this Site or portions of this Site.
Price and availability information on this Site are subject to change without notice.