Refunds
Uqora has a 60 day money back guarantee. If you're not happy, email us at support@uqora.com, and we'll refund you. If 60 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

Your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at support@uqora.com.

Exchanges (if applicable)
We will replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at support@uqora.com. 

Effective Date: August 10, 2023

INTRODUCTION

At Uqora, Inc. (“Uqora”), “us”, "we" or "our") we understand that privacy is important to our consumers, business contacts, job applicants, employees, and contract workers. This Privacy Policy (“Policy”) provides our consumers, business contacts, job applicants and contract workers ("you" or "your") with information about the types of personal information we collect, how we collect and use such personal information and to whom and under what circumstances we disclose it.  We have a separate privacy policy relating to our employees and therefore, this Policy is not applicable to our employees. 

The products and services offered via this web site (the “Site”) are intended for purchase only by consumers who reside in the United States and Canada.  The United States has data protection laws that may not be consistent with those of other countries.  Information collected about you in connection with your visit to this Site or otherwise will be collected and processed in accordance with United States law.  Your use of this Site is subject to our TERMS of USE. 

If you do not agree with the practices we have described in this Policy, please do not share your personal information with us. By sharing your personal information with us, by reaching out to us by email or postal mail, or by accessing or using our Site, you agree to our use of your information as described in this Policy.

CHANGES TO OUR PRIVACY POLICY

This Policy can be found on www.uqora.com, and the date of last revision of this Policy, will appear there.  When we make material changes to this Policy, we will notify you by posting an updated Policy on www.uqora.com and listing the effective date of such updates. This Policy creates no additional privacy rights or expectation of privacy except for those provided by law.  Data privacy, monitoring, and processing requirements may vary from jurisdiction to jurisdiction in the United States and our practices may vary in accordance therewith.

OUR INFORMATION COLLECTION PRACTICES

We collect information about you in many ways from many places. We may collect information from you through this Site, phone, mail, email, fax, or mobile application interactions you have with us or our service providers or business partners. The information collected may vary depending upon what specific products or services you are requesting or obtaining from us or what your relationship with us is.

Some of the information we collect may include information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your device (“Personal Information”). 

Personal Information does not include (and therefore is not covered by this Privacy Policy): (i) publicly available information or lawfully obtained, truthful Information that is a matter of public concern; or (ii) de-identified or aggregated consumer information. 

TYPES OF PERSONAL INFORMATION COLLECTED

The types of information we may collect will vary depending on your relationship with us.  You can find details on what is collected in the Categories of Personal Information Collected section., The informationand may include your name, address, phone number, email address, ZIP code, photos, videos, social media usernames, driver’s license number, state identification card number, social security number, bank account number, credit card or debit card number, other payment information, demographic information, information about your interests, activities, and preferences, information about your fitness condition and physical characteristics, the content you post to the interactive areas of our Site or social media sites, transaction information, such as products purchased, purchase price, and the date and location of the transaction, location of your device and other IP demographics (such as language), type of browser you use, hardware model, operating system and app version, mobile network information, IP address, unique device identifiers, domain service, access times, pages viewed, items placed in your cart, links clicked, browsing behavior, and the webpage you visited before navigating to our Site, and any other information you choose to provide. If you email us or call our customer care group, or in other circumstances, including if you are a job applicant, we may collect additional information from you, such as medical, health and disability information, dietary requirements, and emergency contact information.  

In some cases, we may also collect information you provide about others, such as when you provide emergency contact information, or decide to purchase and ship products to someone. We will use this information to fulfill your requests and will not send communications to your contacts unrelated to your requests unless they separately engage with us or consent to receive communications from us.

PURPOSES OF COLLECTION

We and our service providers collect, process, and disclose your Personal Information  for the following business purposes::

Consumers & Business Contacts

• To provide you access to the Site, including to service your account and membership, and maintain the security of both.
• To provide you products and services, including providing information, content, products, or services, and fulfilling your requests or purchases, such as order fulfillment.
• To personal your experiences with us, including to remember your interests and preferences, personalize our Site and the content, products, and services we make available to you through the Site, facilitate interactions with us, track and categorize your activity and interests on the Site, including identifying and linking the different devices you use, and to enrich your experience on the Site.
• To provide information, including information about the Site or required notices.
• For analytics, including understanding how you use our Site, products, and services.
• To improve and develop, such as improving and further developing our products, services, and our Site content, features, performance, and support.
• To provide customer support.
• To manage your account with us, including setting up, registering, and maintaining your account with us.
• To communicate with you, including when you place an order; to obtain information about you; to respond to your inquiries, concerns, and requests; contacting you about your transactions or account; to communicate a contest, sweepstake or survey; to provide updates on any orders; to let you know an item is back in stock; or to provide other legal or service-related notices about our Site.
• For marketing and advertising, such as delivering marketing communications, promotional materials, or advertisements about the Uqora® brand, other Pharmavite brands, the brands of our subsidiaries, or third-party products or services that may be of interest to you, including to display targeted ads to you elsewhere online (see your options related to marketing and advertising in the Your Rights section below).
• For business purposes, including to operate and improve our business and business activities; to administer the Site; for research; to maintain our programs, accounts, and records; to understand your satisfaction with our products and services including the Site; to authenticate the information you provide us; to protect the security and integrity of our Site and information technology infrastructure; to identify, engage, and communicate with service providers, scientific experts, and third parties to provide various products and services to us; to identify and engage speakers and invitees to conferences and other scientific and educational programs we host or sponsor; to determine your potential involvement in future activities with Pharmavite and contact you in relation to these activities; to manage our relationships with you and our Service Providers and with Third Parties with whom we interact, including ensuring compliance with contractual obligations, performing auditing activities, and managing billing and invoicing; to meet our contractual obligations to you, if applicable, including payment obligations; to process contracts and other written agreements into which we may enter with you; to detect, prevent and respond to fraud, misuse of our services, intellectual property infringement, violations of our Terms of Use, violations of law, or other misuse of the Site or our products and services; and for any other business purpose permitted by law.
• For legal and safety purposes, including to defend or protect us, you, or customers, or third parties, from harm or in legal proceedings; to protect our rights or the rights, property, and safety of others; to comply with legal obligations;  to maintain the security of our customers, employees, and property; to pursue remedies available to us and limit our damages; to respond to court orders, lawsuits, subpoenas, and government requests; to comply with judicial proceedings, court orders, legal processes or lawful requests from government authorities; to address legal and regulatory compliance; and to notify you of product recalls or safety issues.

Applicants

• To evaluate your application, including your potential as an employee.
• To maintain and further a diverse and equitable workplace. 
• To communicate with you, including to contact and communicate with you regarding your potential employment, interview sessions, or in the event of a natural disaster or other emergency.
• For legal and safety purposes, including to provide reasonable accommodations when required by applicable law; to comply with applicable laws and regulations, including; to monitor, investigate, and enforce compliance with and potential breaches of our policies and procedures and legal and regulatory requirements; to comply with and respond to civil, criminal, judicial, or regulatory inquiries, investigations, subpoenas, or summons; and to exercise or defend our legal rights and the rights of our employees, affiliates, customers, contractors, and agents; to protect the our  rights and property or the rights, property, and safety of others; to comply with legal obligations; to maintain the security of our customers, employees, and property; and to pursue remedies available to us and limit our damages.

Contract Workers

• To manage your contract worker relationship with us, including for personnel planning, productivity monitoring, and evaluation purposes; contract worker education, training, and certification purposes; assessing your working capacity or the diagnosis, treatment or care of a condition impacting your fitness for work, and other preventative or occupational medicine purposes (including work-related injury and illness reporting).
• To communicate with you.
• To provide you access while working at Uqora, including to create badges that allow your entrance into Uqora’s facilities where you will be working; and to authenticate your identity and verifying your access permissions.
• For legal and safety purposes, including to provide reasonable accommodations when required by applicable law; to comply with applicable laws and regulations, including; to monitor, investigate, and enforce compliance with and potential breaches of our policies and procedures and legal and regulatory requirements; to comply with and respond to civil, criminal, judicial, or regulatory inquiries, investigations, subpoenas, or summons; and to exercise or defend our legal rights and the legal rights of our employees, affiliates, customers, contractors, and agents; to protect our rights and property or the rights, property, and safety of others; to comply with legal obligations; to maintain the security of our customers, employees, and property; and to pursue remedies available to us and limit our damages.

We and our service providers collected, processed, and disclosed (and may process and disclose) the Personal Data of our Former Employees for the following business purposes:

 Former Employees 

• To manage your employment relationship with us, including while employed: to manage our workforce and your performance; for personnel planning, productivity monitoring, and evaluation purposes; for workforce development, education, training, and certification; for compensation, payroll, tax, and benefits planning, enrollment, and administration purposes; to arrange, confirm, and monitor work-related travel, events, meetings, and other activities; to assess your working capacity or the diagnosis, treatment or care of a condition impacting your fitness for work, and for other preventative or occupational medicine purposes (including work-related injury and illness reporting).  
• To maintain and further a diverse and equitable workplace.
• To provide you access while employed, including while employed: to provide you access to our systems, networks, databases, equipment, and facilities; to create employee badges that allow access to our facilities; to allow use of our provided technology; and to authenticate your identity and verifying your access permissions.
• To communicate with  your or your designated emergency contacts, designated beneficiaries and dependents, including to contact and communicate while employed with you regarding your employment, job performance, compensation, and benefits, working conditions or in the event of a natural disaster or other emergency; to contact and communicate with your designated emergency contacts in the event of an emergency, illness, or absence; and to contact and communicating with you and your dependents and designated beneficiaries in the event of an emergency or in connection with your benefits.
• To provide you with requested assistance or products, including to help you in your dealings with benefits providers; correcting information in the systems we use; or while you were an employee, to process orders for our products placed by you as an employee.
• For business purposes, including to monitor, maintain, and secure our systems, networks, databases, equipment, and facilities; to record meetings held via Microsoft Team in which you participated; to confirming any agreements made with you; and with your consent, to use your photos in our materials.
• For legal and safety purposes, including to providing reasonable accommodations when required by applicable law; to comply with laws and regulations, including (without limitation) applicable tax, health and safety, anti-discrimination, immigration, labor and employment, and social welfare laws; to monitor, investigate, and enforce compliance with and potential breaches of our policies and procedures and legal and regulatory requirements; to comply with and respond to civil, criminal, judicial, or regulatory inquiries, investigations, subpoenas, or summons; and to exercise or defend our legal rights the legal rights of our employees, affiliates, customers, contractors, and agents; to protect our rights or the rights, property, and safety of others; to comply with legal obligations; to maintain the security of our customers, employees, and property; and to pursue remedies available to us and limit our damages.

We may combine or aggregate any information we collect for any of these purposes.  We may also anonymize your Personal Information in such a way that you may not reasonably be re-identified by us or any other organization and may use such anonymized information for any purpose.

SOURCES OF INFORMATION

We obtain Personal Information from the following categories of sources as further explained below:

• Directly from you. For example, from forms you complete or products you purchase; from your business cards, from your emails to use, from the contracts you or your employer propose to and do enter with us; and from scans of your badges at conferences.
• Indirectly from you. For example, through information we collect while providing services to you and from observing your actions on the Site and from your LinkedIn page.
• Automatically from you. As you navigate through the Site, information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies. More specifically, this is collected through device identifiers (e.g., IP address, MAC address, other device IDs), IP address demographics (location, language, country of origin, etc.), technical device data (e.g., domain server, type of device, type of web browser) and activity information (e.g., access times, pages visited, search history, referring web site addresses, interactions with Site features).
• Service providers and third parties. We have previously collected and may continue to collect Personal Information from outside sources, including advertising networks; internet service providers: data analytics providers: government entities: your employer; public databases; providers of demographic information; publications; professional organizations; educational institutions; government entities; social media platforms and networks;  operating systems and platforms;  data brokers;  and service providers; and third parties when they disclose information to us.

CATEGORIES OF ENTITIES TO WHOM WE DISCLOSE PERSONAL INFORMATION

• Affiliates & Service Providers. We may disclose each of the categories of Personal Information to our affiliates and service providers for the purposes described in this Policy. 
• Third Parties. For each category of Personal Information identified in this Privacy Policy, we may disclose such Personal Information to the following categories of Third Parties:
• At Your Request or with Your Approval. We may disclose your Personal Information to any Third Party with your consent or at your direction.
• Business Transfers or Assignments. We may disclose your Personal Information to other entities as reasonably necessary to facilitate a merger, sale, joint venture or collaboration, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
• Legal and Regulatory. We may disclose your Personal Information to law enforcement, government authorities, including regulatory agencies and courts, as reasonably necessary for our business operational purposes, to assert and defend legal claims, and otherwise as permitted or required by law.

HOW WE PROTECT INFORMATION WE COLLECT

We build security into our system to help protect data from unauthorized access, disclosure, alteration, and destruction. We’re always looking for threats and take reasonable steps to respond to those threats, protecting the information users share with us.  Of course, no method of Internet transmission or data storage can provide guaranteed protection to your information.  If anything should ever happen to your information, we’ll let you know as soon as we can and try our best to make it right.

CHILDREN UNDER THE AGE OF 13

We do not knowingly collect any Personal Information from children under the age of 13 without parental consent, unless permitted by law. If we learn that a child under the age of 13 has provided us with Personal Information, we will delete that information in accordance with applicable laws.

CHILDREN UNDER THE AGE OF 16

Our Site is not intended for children under 16 years of age. No one under age 16 may provide any Personal Information on the Site. We do not knowingly collect Personal Information from children under 16, nor do we knowingly disclose Personal Information of children under 16 to third parties for valuable consideration or for cross-context behavioral advertising. If you are under 16, do not use or provide any information on the Site. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us.

CHOICES CONCERNING COOKIES AND OTHER TRACKING TECHNOLOGIES 

Cookies; Other Tracking Technologies

We employ cookies and similar technologies to store and sometimes track information about the users of the Site. Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a web site. You may be able to prevent the browser from accepting cookies. If you reject cookies, you may still use the Site, but your ability to use some areas and features/functions of the Site may be limited.  We use both session ID cookies and persistent cookies (also known as flash cookies). 

Please note that your cookie preferences are brand, browser, and device specific. Therefore, if you visit this site from a different browser or device, or clear your cookies, you will need to reset your cookie preferences.

We use web beacons (small pieces of data that are embedded in images on the pages of web sites) and auditing software to track page views and entry and exit points to and from e-mails. In addition, we use web beacons, cookies, customized links and/or similar technologies to determine whether any e-mails or electronic publications sent by us to those who have requested them from us have been opened and which links are clicked.

Google Analytics & Similar Tools

We use Google Analytics (or similar web traffic analytic tools) to help analyze how users use the Site and to optimize our Site based on that data. Such tools use information generated by cookies about your use of the web site (including IP address), which is transmitted to Google (or other analytics provider). This information is then used to evaluate users' use of the Site and to compile statistical reports on web site activity for us. These tools may also collect personally identifiable information about a user’s online activities over time and across different internet websites. 

To learn more about how Google uses data when you use our Site, please visit www.google.com/policies/privacy/partners/.  You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. 

Targeted Advertising

We also use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. 

You can opt out of targeted advertising on the following platforms by using the links below:

• - Google: https://www.google.com/settings/ads/anonymous 
• - Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads 

Other platforms may also allow you to opt out of target advertising. Please refer to those platform privacy policies for more information. 

YOUR MARKETING CHOICES

If you sign up/subscribe to our newsletter(s) or other publications (if any) and you no longer wish to receive the same, you may unsubscribe by following the opt-out/unsubscribe link located within each newsletter or other publication.

If you do not wish to receive information or other material from us other than newsletter(s) or publications, you may “opt-out” of receiving these communications by contacting us at support@uqora.com.

INFORMATION CORRECTIONS; UPDATES

If you wish to change or modify information previously provided to us, you may do so by sending us an email at support@uqora.com. We will use reasonable efforts to ensure that your information is corrected or updated in our records.

LINKS TO THIRD PARTY SITES; SOCIAL MEDIA SITES

We use web beacons (small pieces of data that are embedded in images on the pages of websites) and auditing software to track page views and entry and exit points to and from e-mails. In addition, we use web beacons, cookies, customized links and/or similar technologies to determine whether any e-mails or electronic publications sent by us to those who have requested them from us have been opened and which links are clicked.

We may offer social sharing features or other integrated tools, which let you share actions you take with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.

CONTACT US

If you have any questions or concerns regarding our Privacy Policy or any questions about the security at our Site, you can send an e-mail and contact us at support@uqora.com.

SPECIAL PRIVACY NOTIFICATION FOR CALIFORNIA RESIDENTS

California law requires that we provide certain disclosure, including a description of legal rights, to those who reside in the state of California.  If you are a California resident, this section applies in addition to all other applicable rights and information contained in this Policy. Where any provision found in this section conflicts with any other provision of our Policy, the provisions in this Section will govern. 

CATEGORIES OF PERSONAL INFORMATION COLLECTED 

We and our service providers may have collected and processed the following categories of your Personal Information in the past 12 months for the business purposes described in this Policy.  We expect to collect and process in the future the following categories of your Personal Information for the business purposes described in this Policy.   

Additionally, we may have disclosed to our service providers and third parties the following categories of business contact Personal Information in the past 12 months for the business purposes described in this Policy. 

Consumers

We retain each of the categories of Personal Information listed above for the period reasonably necessary to provide goods and services to you and for the period reasonably necessary to support our business operational purposes listed in this Policy. 

Business Contacts 

We retain each of the categories of business contact Personal Information listed above for the duration of the longer of (i) your or your company’s relationship with us, as applicable, and (ii) the period in which we expect we may continue to have a business relationship with you in another capacity and/or with another business vendor, or (iii) as may be required by applicable laws or necessary for our legitimate business purposes, including without limitation for purposes of the notice provisions in our contracts.

Applicants

We retain each of the categories of Your Personal Information listed above n this Policy for the duration of your relationship with us, as applicable, and longer as may be required by applicable laws or necessary for our legitimate business purposes.

Contract Workers

We retain each of the categories of Your Personal Information listed above n this Policy for the duration of your relationship with us, as applicable, and longer as may be required by applicable laws or necessary for our legitimate business purposes.

Former Employees

We retain each of the categories of Your Personal Information listed above n this Policy for the duration of your relationship with us, as applicable, and longer as may be required by applicable laws or necessary for our legitimate business purposes.

DISCLOSURES TO THIRD PARTIES FOR MONETARY OR OTHER CONSIDERATION OR FOR CROSS-CONTEXTUAL BEHAVIORAL ADVERTISING 

We are required to describe certain disclosures of Personal Information as “sales” where we receive valuable consideration. No money is paid in exchange for your Personal Information. In the past 12 months, we may have shared, and we may share in the future, each of the above-listed categories of information:

• With business partners, such as ad networks, who may deliver marketing communications, promotional materials, or advertisements that may be of interest to you. These business partners may engage in cross-contextual behavioral advertising on our behalf; and
• With affiliates, who may deliver marketing communications, promotion material, or advertisements that may be of interest to you regarding their brands; and 
• With third parties when you engage in or interact with co-branded or co-sponsored content or activities.

USES AND DISCLOSURES OF SENSITIVE PERSONAL INFORMATION 

We only use and disclose Sensitive Personal Information (as that term is defined under California law) for the following purposes:

• Performing the services or providing the goods reasonably expected by an average consumer who requests those goods or services;
• Ensuring security and integrity to the extent the use of the consumer's Personal Information is reasonably necessary and proportionate for these purposes;
• Preventing, detecting, and investigating security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted Personal Information;
• Resisting malicious, deceptive, fraudulent, or illegal actions directed at the business and prosecuting those responsible for those actions;
• Ensuring the physical safety of natural persons;
• Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer's current interaction with us; provided that we will not disclose the consumer's Personal Information to a Third Party and or build a profile about the consumer or otherwise alter the consumer's experience outside the current interaction with the business;
• Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on our behalf;
• Undertaking activities to verify or maintain the quality or safety of a product, service, or device that is owned, manufactured by, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
• Collecting or processing Sensitive Personal Information where such collection or processing is not for the purpose of inferring characteristics about a consumer.

YOUR PRIVACY RIGHTS AND CHOICES

The following describes your rights with respect to your Personal Information and explains how to exercise those rights.

RIGHT TO KNOW 

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information.  The information you have the right to request is:

• The categories of Personal Information we have collected about you.
• The specific pieces of Personal Information we have collected about you.
• The categories of sources of the Personal Information we have collected about you.
• Our business purposes for collecting Personal Information.
• Our business purposes for disclosing the Personal Information, as well as the categories of third parties to whom we have disclosed the information.

Please note that you can only make a verifiable request for access twice within a 12-month period.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send us an electronic message through our Site or write us at our address listed on our webpage.

RIGHT TO CORRECT

You have the right to request that we correct any inaccurate Personal Information we maintain about you. You can also change any of your Personal Information in your account by editing your profile within your account or by contacting us here.

RIGHT TO DELETE

You have the right to request that we delete any of your Personal Information that we collected from you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

Examples of circumstances in which we may deny a deletion request are (including if retaining the information is necessary for us or our service provider(s) to):

• 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, or otherwise perform our contract with you.
• Help to ensure the security and integrity of our Site.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on the consumer’s relationship with us.
• Comply with a legal obligation.

EXERCISING YOUR RIGHT TO KNOW, RIGHT TO CORRECTION, OR RIGHT TO DELETION

To exercise your right to know, right to correction, or right to deletion as described above, please submit a verifiable consumer request to us by completing the Webform,  calling us at +1 888-313-1372 or emailing us at support@uqora.com. Only you, or you authorized agent, may make a verifiable consumer request related to your Personal Information. 

To submit a request, we require that you explain your relationship with us, specify your request type, and provide your name, email address, country, home address, the details of your request, and your date of birth. We use this information to identify responsive records and to verify your identity. Your request should include sufficient detail that allows us to properly understand, evaluate, and respond to it. Please note that we may require additional information from you to verify your identity and process your request.

If you choose to use an authorized agent to submit a request on your behalf, you must provide the agent written permission to do so and the agent must verify their own identity directly with us, in addition to the steps we would take if we processed your request directly. If the agent does not submit proof that they have been authorized by you to act on your behalf, we may deny the request. In order to process your request, you or your authorized agent will need to provide us with the above information on the Webform or by calling us at +1 888-313-1372 or emailing us at support@uqora.com.

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

RIGHT TO OPT-OUT OF SALES AND SHARING

You have the right to direct us to not sell your Personal Information or to share your Personal Information for cross-context behavioral advertising (the “right to opt-out”). As indicated above, we do not sell or share the Personal Information of consumers we actually know are less than 16 years of age. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us through the Sites.

Visitors to the Sites that select the link titled “Your Privacy Choices” may submit their request to opt-out on the Webform.

If you would like to exercise these rights, please complete this Webform or contact us 

RIGHT TO NON-DISCRIMINATION

We will not discriminate against you for exercising any of your rights as set forth in this Privacy Policy. Unless permitted by the law, 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.

However, we may offer you certain financial incentives permitted by the law that can result in different prices, rates, or quality levels. Any legally permitted financial incentive we offer will reasonably relate to your Personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Terms of Use | Uqora

These Terms of Use are effective as of June 1, 2023.

Your access to and use of www.uqora.com (the "Site")  is subject to these terms of use ("Terms of Use") and all applicable laws.  The Site is operated by Uqora, Inc. (“Uqora,” “we,” “us” or “our”). We make no representation that content, materials or information made available on or accessed through the Site are appropriate or available for use outside of the United States, and access to them from territories where their contents are illegal is prohibited. 

The terms "you" or "user", as used in these Terms of Use, refers to a Visitor, a Registered User and/or a Purchaser , as applicable.  By accessing, browsing and/or using the Site  you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws. We may change these Terms of Use at any time by updating this posting without prior notice or liability to you, and your continued access, browsing, and/or use of the Site after such change constitutes your acknowledgement and agreement to be bound by such change. 

IF YOU SUBSCRIBE TO THE SERVICES OFFERED ON THE SITE, YOUR PAYMENT METHOD ON FILE WILL BE CHARGED THE TOTAL SHOWN AT CHECKOUT ON THE DAY THAT YOU INITIATED YOUR SUBSCRIPTION. YOU WILL BE CHARGED OUR THEN-CURRENT PRICE PLUS APPLICABLE TAXES EVERY 4 WEEKS THEREAFTER UNTIL YOU CANCEL OR UPDATE YOUR SUBSCRIPTION DATE. YOU CAN CANCEL ANYTIME BY VISITING YOUR ACCOUNT PAGE AT WWW.UQORA.COM/ACCOUNT.

ARBITRATION NOTICE: Except for certain types of disputes described in the “Disputes and Arbitration” section below, you agree that all disputes between you and US with regard to these Terms and your use of the Site will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.

There may be times when we offer a service or feature that has its own terms and conditions that apply in addition to these Terms (“Additional Terms”). In those cases, the Additional Terms will control to the extent there is a conflict with these Terms, unless the Additional Terms state otherwise.

WEBSITE INTENDED AUDIENCE

THIS SITE IS INTENDED FOR USERS AGE EIGHTEEN (18) AND OLDER. By using the Site, you acknowledge that you are at least 18 years old.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

The content and information provided by the Site is for informational purposes only. It may not be complete and does not cover all health issues. Therefore, never use or rely on any information on the Site in place of a consultation with your doctor or other health care provider.

WE MAKE NO MEDICAL CLAIMS AS TO THE BENEFITS OF ANY PRODUCTS, SERVICES, OR CONTENT PRESENTED, OFFERED OR REPRESENTED IN ANY WAY AND NO CONTENT IS INTENDED TO PRESCRIBE OR BE TAKEN AS MEDICAL ADVICE. You expressly agree that the Site does not provide medical advice and that the Site is not a means for Uqora to provide you medical advice.  The content and information presented to you through the Site has been evaluated by the Food and Drug Administration. And is not intended to be and should not be used in place of (a) the advice of your doctor or other healthcare providers, (b) a visit, call, or consultation with your doctor of other healthcare providers, or (c) information contained on or in any product packaging or label.  If you have any health related questions or if you have an emergency, please contact your doctor or other healthcare provider promptly or seek assistance by dialing 911.  You should never disregard medical advice or delay seeking medical advice because of any content or information presented to you through the Site, and you should not use the Site for diagnosing of treating a health problem.  Your use of the Site does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and us. 

We do not recommend self-management of health problems nor do we endorse any particular type of medical treatment. The information and content provided by the Site, including any and all content pertaining to general nutrition, fitness, conditions, and health, is not a substitute for medical advice and nothing contained on the Site or in a response to your inquiries or questionnaires is intended to be a medical diagnosis or treatment plan. ADVANCE CONSULTATION WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER IS PARTICULARLY IMPORTANT FOR ANYONE PREGNANT, BREASTFEEDING OR WITH HEALTH PROBLEMS.  NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, LISTENED TO OR WATCHED ON OR ACCESSED THROUGH THE SITE.

We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Site. While we strive to keep the information on the Site accurate, complete, and up-to-date, we do not give any assurances, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information.

WE ARE NOT RESPONSIBLE FOR ANY ADVERSE REACTION FROM USING THE PRODUCTS OR TO ANY INGREDIENT CONTAINED IN THE PRODUCTS.  PLEASE CHECK THE LIST OF INGREDIENTS FOR ANY KNOWN SENSITIVITIES OR ALLERGIES YOU HAVE.  PURCHASERS SHOULD CONTACT SUPPORT BEFORE BUYING IF PURCHASER HAS ANY QUESTIONS.   IF YOU HAVE A SENSITIVITY OR ALLERGY TO ANY INGREDIENT(S) IDENTIFIED DO NOT USE THE PRODUCT.  WHEN IN DOUBT PLEASE CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.

WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, MEDICAL OPINIONS, COURSE OF TREATMENT OR THERAPY.  YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PROVIDER CONCERNING YOUR PARTICULAR CIRCUMSTANCES AND NEEDS AND NOT RELY ON THE SITE OR THE CONTENT.

You may contact us with general questions regarding our products, but do not send us any specific medical, therapeutic or treatment questions.

PROPRIETARY RIGHTS

The Site and its contents, including text, graphics, images, photographs, illustrations, videos, audio, code, data, trademarks, service marks, logos, taglines, slogans, trade names, documents, data sheets, and other information and material, made available on or accessed through the Site (collectively, the “Site Content”) and any and all intellectual property and proprietary rights inherent therein or appurtenant thereto, are owned by us or our licensors and are protected under both United States and foreign laws, including copyright and trademark laws.  Your use of the Site does not grant to you ownership of any of the Site Content.  Except as stated herein, none of the Site Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our express prior written consent.

 YOUR LICENSE TO USE SITE CONTENT ON OUR SITE

Subject to your compliance with these Terms of Use, you may (a) access and view the Site Content on the Site on your computer or other device.  Any rights not expressly granted herein are reserved.  If any Site Content is made available on or accessed through the Site with separate license terms, conditions and notices, those portions of the Site shall be governed by such terms, conditions and notices.  In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms of Use.

Except for the limited permission in the preceding paragraph, We do not grant you any express or implied rights or licenses under any of our patents, trademarks, copyrights or other proprietary or intellectual property rights or those of any third party, whether by estoppel, implication or otherwise.

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS

You may not use the Site for any purpose or in any manner that infringes the rights of any third party. We encourage you to report any content on the Site that you believe infringes your rights. If you have a good faith belief that content on a Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), We have a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent (whose contact information is set forth below) the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and a description of where to locate the material; (d) your contact information; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on a Site contains content that violates your rights other than copyrights, please provide us with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) your contact information.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:  (a) Your physical or electronic signature; (b) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (c) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (e) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Diego, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Please send your notice of claims of copyright infringement or alleged violation of rights other than copyrights to our copyright agent, who can be reached as follows:

Mailing Address: 3043 Fourth Ave, San Diego, CA 92103

E-mail Address: support@uqora.com

NOTE: This contact information is for notices or complaints regarding potential copyright and other infringement only.

INFORMATION AND CONTENT YOU SUBMIT

The Site may provide you the opportunity to participate and post content publicly in forums, for example through interactive features ("Community Forums"). You may choose to submit or post product reviews, photographs, videos, questions, comments, suggestions or other content, (collectively, "User Content"). Please note that certain information, such as your name, may be publicly displayed on the Sites along with your User Content.

We do not claim ownership of any User Content that you post or upload to the Site, except information that is required for your use of the Site or receipt of our services or products. 

By uploading, posting, emailing, transmitting, or otherwise making available any User Content, you grant us and our affiliates a perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, display, perform, adapt, modify, delete in its entirety, publish, translate, create derivative works from, or distribute (or have distributed) such User Content and/or incorporate such User Content into any form, medium, or technology throughout the world without compensation to you, subject to our Privacy Policy.  You represent and warrant that you own or otherwise control all rights in and to any such User Content, and that our publication and use of your User Content will not infringe or violate the rights of any third party.

You understand that all User Content is the sole responsibility of the person from whom such User Content originated.  This means that you, and not us, are responsible for all User Content that you upload, post, email, transmit, or otherwise make available in connection with the Site.  We do not control the User Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User Content. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content posted, emailed, transmitted, or otherwise made available in connection with the Site.

You warrant and agree that you shall not transmit, post or upload to or through the Site any submission that is, in or whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, unlawful, or that violates or infringes on the rights of any third party, and that all submissions will otherwise comply with these Terms of Use.

We are not responsible for screening or monitoring submissions made to Community Forums or otherwise through the Site by users.  If a user notifies us that submissions may violate these Terms of Use, we may investigate the allegation and determine, in our sole discretion, whether to take action.  We shall have no liability or responsibility to users for performance or nonperformance of such activities.

We reserve the right not to post or to remove any information or material posted, uploaded, inputted or submitted to the Site for any reason, including, without limitation, any submissions that we determine, in our sole discretion, violate these Terms of Use.

However, we reserve the right to block or remove communications or materials that we determine in our sole discretion to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, (d) offensive or otherwise unacceptable, (e) in violation of these Terms of Use, or (f) in violation of law. The foregoing does not apply to any Personal Information submitted to us through the Site - the use of which is governed by the Site's Privacy Policy.

USER INTERACTIONS AND DISPUTES

You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.

REGISTRATION AND PASSWORDS

Registration is required to establish an account.  Upon registration you will be considered a “Registered User”.  By registering you will be indicating your acceptance of these Terms of Use as specified by us in order to establish an account.  You must be a resident of the United States and age 18 or older and over the age of majority in your state in order to establish an account. 

By registering, you represent and warrant to us that: (a) all information provided by you to us during the registration process is truthful, accurate and complete; (b) you will comply with all terms and conditions of these Terms of Use; and (c) you will not use the Site, any of the Site Content or any other content, materials or information obtained from the Site, for any purpose that is unlawful or prohibited by these Terms of Use.

As a Registered User, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.  We may terminate your access to the Site (or portions thereof) without prior notice or liability if any of the information provided is found to be inaccurate, false, out of date or incomplete, or for violating these Terms of Use or the law.

As part of the registration process, you are required to select and use a password.  As a Registered User, you acknowledge that you are solely responsible for all activities that occur under your password or account while using the Site.  You are responsible for maintaining the security and confidentiality of your password and monitoring and controlling access to your account.  You agree to notify us immediately of any unauthorized use of any account or password, or any other known or suspected breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

If you are a Registered User, you may deactivate your account at any time by contacting us at support@uqora.com.  Even if a user deactivates his/her account, some information previously posted or otherwise uploaded may still be accessible by third parties.  We are not responsible for the continued accessibility of the information posted or uploaded by a Registered User prior to the deactivation of his/her account.  You may re-activate your account by contacting us at support@uqora.com.

PRODUCT PURCHASE and Payment terms

Purchase of products (“Products”) and services (“Services”) through the Site are governed by these Terms of Use and any of our other policies or terms identified in these Terms of Use or presented to you.  No purchases will be permitted unless and until you indicate assent to these Terms of Use as provided for on or through the Site. By clicking the “PLACE MY ORDER” button you will indicate acceptance of these Terms of Use.   

Payment is due prior to shipment of Products or receiving Services.  When you check out you will be required to provide your payment and shipping information.  A receipt will be emailed to the email address provided by you.

We reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged (including orders for Products or Services that are mistakenly listed at an incorrect price).  If your credit card already has been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.

SUBSCRIPTION PROCESS, RENEWAL, AND CANCELLATION

If you purchase a subscription to a Product through our Site, every month you will receive a shipment containing a one month's supply of the Product from us.

Your subscription will continue on a month-to-month basis until you choose to cancel. There is no separate subscription fee associated with your subscription.  Your payment method on file will be charged on the same day of the month that you initiated your subscription, and every 4 weeks thereafter, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the next renewal date.  You have the opportunity to cancel and modify your subscription at any time prior to your next shipment.

You can cancel anytime by visiting your account page at https://uqora.com/account.  By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period. We will send you an email reminder prior to charging your payment provider each subscription period. If you choose to cancel your subscription at any time, your subscription will terminate automatically and we will not charge your payment provider for the subsequent subscription period. You agree that we may either terminate or suspend your subscription for any reason at any time in our sole discretion.

 THIRD PARTY LINKS, CONTENT AND APPLICATIONS

The Site may provide links to certain web sites, services, and features provided by third parties. The Site also may include third party content that we do not control, maintain or endorse. Accordingly, you expressly acknowledge and agree that we are not responsible or liable for your use of any third party Site or online features. Your use of such services is subject to the terms and conditions established by such third parties. We encourage you to review the privacy policies of third parties’ sites.

 DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW:

• WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE.
• THE SITE (INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT) ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRSS OR IMPLIED.
• TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
• WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE OR SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT MADE BY US WHETHER MADE ON THE SITE, IN RESPONSE TO A QUESTION SUBMITTED ON OR THROUGH THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
• YOU UNDERSTAND THAT BY USING THE SITE YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION(S) WHERE YOU ACCESS OR USE THE SITE AND/OR SERVICES. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT MADE OR DISPLAYED ON THE SITE BY THIRD PARTIES (INCLUDING ANY USER OF THE SITE) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE SITE. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE SITE AND/OR SERVICES. A POSSIBILITY EXISTS THAT THE SITE AND/OR SERVICES COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE SITE, WE MAKE NO GUARANTEES AS TO THE SITE'S COMPLETENESS OR CORRECTNESS.

 LIMITATION OF LIABILITY; WAIVER

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE SITE (INCLUDING, WITHOUT LIMITATION, ALL SITE CONTENT); (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE AND/OR SERVICES AND ANY PRODUCTS PURCHASED THEREFROM; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SITE). IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE IS TO STOP USING THE SITE, AND OUR SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT RECEIVED BY US AS A RESULT OF YOUR USE OF THE SITE.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITE OR ANY PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE OR ANY PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY US.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless from and against any and all claims, demands, damages, losses, costs, investigations, liabilities, judgments, settlements, attorneys' fees, and other expenses that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your breach or anticipatory breach of these Terms or any Additional Terms; (b) your use of the Site or activities in connection with the Site; (c) your User Content; (d) your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) our use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and us. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

 TERMINATION

In our sole discretion, we reserve the right to terminate, suspend, or block your access to and use of the Site, without notice and liability, for any reason, including, without limitation, if we believe your conduct fails to conform with these Terms. We also reserve the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any emails you send to the Site or to us.

Any provision of these Terms, which by its terms, ought to survive, shall survive any termination of these Terms.

LOCATION OF SITE AND TERRITORIAL RESTRICTIONS

Unless otherwise specified, the Site is presented solely for, and any coupons, promotions and programs are offered only to, residents of the United States of America, the U.S. Virgin Islands, Puerto Rico and Guam.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control and operate the Site from offices located in the United States and make no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide, and to offer different products or prices based on geographic area.

Compliance with Laws and Export Control 

You assume all knowledge of applicable law and are responsible for compliance with any such laws.  You may not use the Site or Site Content in any way that violates applicable state, federal, or international laws, regulations or other government requirements.  You further agree not to transmit any material that is or encourages conduct that could or does constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. 

You acknowledge and agree that the Site shall not be used, and none of the Site Content or underlying information, software or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, “Designated Nationals”).  The lists of Embargoed Countries and Designated Nationals are subject to change without notice.  By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National.  You agree to comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

We and our licensors make no representation that the Site or the Site Content made available on or accessed through the Site are appropriate or available for downloading or use in other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited.  Access to the Site and/or the Site Content made available on or accessed through the Site may not be legal by certain persons or in certain countries.  If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws, including without limitation export and import regulations and intellectual property laws of the Unites States and other countries.  Any diversion of the Site and/or any Site Content obtained from or through the Site contrary to the laws of the United States or any other jurisdiction is prohibited.

DISPUTES AND ARBITRATION

Any dispute you have with us should be submitted to our Customer Success Team within thirty days of the event giving rise to the dispute. Customer Success can be contacted  at support@uqora.com or via postal mail at: 3043 Fourth Ave, San Diego, CA 92103. Attention: Customer Success. Please allow at least thirty (30) days for us to address your complaint prior to taking further action.

Except for disputes relating to the infringement of your or our intellectual property (such as trademarks, trade dress, copyright and patents) or where you or we are seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to these Terms, your use of the Site, your purchase of any of our products, or any advertisement or promotion, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.

This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent with the Federal Arbitration Act, California law. The arbitration will be conducted in San Diego County, California, in English by three arbitrators appointed in accordance with the American Arbitration Association’s rules. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. At your election, desktop or telephone arbitration, if available, can be used for claims of less than $10,000. In-person arbitration hearings will be conducted at the time the dispute is submitted to arbitration. If your claim is for less than 5,000 and successful, we will pay the costs of the arbitration (not including your attorneys’ fees. In all other cases, you will pay 50% of the cost of any arbitration and you alone will be responsible for your attorney's fees. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.

THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE TERMS AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OR THE TERMINATION OF THESE TERMS. THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE, SHALL NOT APPLY.

You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

If any provision of these Terms if held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or during an arbitration per the arbitration terms above, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. We reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with us.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Uqora (hereinafter, “We,” “Us,” “Our”) offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to the Mobile Messaging Terms and Conditions and the Uqora Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages about your order.  In addition, you may also receive marketing communication messages by affirmatively opting into marketing communications as part of the Program, such as through online or application-based enrollment forms or by sending an SMS/MMS message to Uqora directly. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive updates about your order.  And when you opt-in, marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Uqora and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Uqora. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@uqora.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in West Hills, California before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Uqora’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

MISCELLANEOUS

Our failure to insist upon or enforce strict performance of any provision of these Terms or to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. No waiver by us of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer, nor will such a waiver be deemed a further or continuing waiver of such term or condition or any other term or condition. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. We may assign our rights and duties under these Terms to any party at any time without any notice to you. However, you may not assign, transfer, or sublicense these Terms except with our prior written consent. Headings and paragraph or section titles are inserted only as a matter of convenience and do not, and shall not be used to, explain any paragraph or provision. You agree that these Terms will not be construed against us by virtue of our having drafted these Terms.

OUR RIGHT TO UPDATE THESE TERMS

We reserve the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.

CONTACT INFORMATION

If you have any questions or concerns regarding our Terms of Use, please contact us by email at support@uqora.com.