Privacy policy

Last Updated: December 28, 2022

At Pharmavite LLC (“Pharmavite,” “us,” “we,” or “our”), we understand that privacy is important to our consumers (“consumer,” “you,” or “your”). This Privacy Policy (“Policy”) provides you 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 in connection with the Equelle ® brand.  Please read this Policy carefully so that you understand your rights in relation to your personal information, and how we will collect, use, process and disclose your personal information. 

As 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 may differ from brand to brand, please see the privacy policies on our other websites for those brands (e.g. www.pharmavite.com,   www.nurish.com and www.equelle.com), and for the brands of our subsidiaries (www.megafood.com, www.uqora.com, and www.innateresponse.com).

Please note that the products and services offered via www.equelle.com (the “Site”) are intended for purchase only by consumers who reside in the United States. If you visit this Site from outside the United States, please note that the United States has data protection laws that may not be consistent with those of other countries and that information collected about you in connection with your visit to this Site will be 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.

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.

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 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. 

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.

 Category

Examples

A. Identifiers

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code ¤ 1798.80(e))

A name, signature, physical characteristics or description, address, telephone number, credit card number, debit card number, financial or any other medical information. Some personal information included in this category may overlap with other categories.

C. Protected classification characteristics under California or federal law

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status.

D. Commercial information

Purchasing or consuming histories or tendencies.

E. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

F. Geolocation data.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

G. Audio, electronic, visual, thermal, olfactory, or similar information.

Call recordings, such as calls to our customer care team

H. Inferences drawn from other Personal Information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes.

I. Sensitive Personal Information

a. Personal Information that reveals:

i. Geolocation:

ii.  Racial or ethnic origin or

ii. Contents of a consumer’s email and text messages, unless the business is the intended recipient thereof. 

b. Personal Information collected and analyzed concerning a consumer’s health. 

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 under “Purposes for Collection.”

PURPOSES FOR COLLECTION

We may use the Personal Information we collect, including information that we combine from your interactions with our Site, from you and your device, service providers or third parties to conduct our business and to provide you with our quality products, services, and experiences.  Here are ways we use your Personal Information:

  • 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 Equelle ® 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 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.

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.

DISCLOSURES TO SERVICE PROVIDERS AND THIRD PARTIES

Disclosures to Service Providers

In the past 12 months we may have disclosed, and we may disclose in the future, each of the categories of Personal Information described above to our service providers for business purposes. These business purposes include the following: to maintain or service accounts; to provide customer service; process payments; to fulfill orders; to communicate with you; to provide advertising or marketing services: to provide analytic services; to support internal research; to verify service quality; to address online fraud and security; to support our business; and/or to provide similar services on our behalf. If we disclose your Personal Information to a service provider, we do so pursuant to a written contract that prohibits the service provider from retaining, using, or disclosing the Personal Information for any purpose other than for the specific purpose of performing the services specified in the contract, or as otherwise permitted by applicable law.

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 subsidiaries, 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.

Additionally, we may disclose in the future each of the above-listed categories of information to third parties:

  • Upon your request or approval, though we may not be able to accommodate all requests.
  • As reasonably necessary to facilitate a merger, acquisition, sale, joint venture or collaboration, reorganization, divestiture, 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), or other types of strategic business transactions.  
  • To law enforcement, government entities, 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.

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. You may choose not to provide us with your Personal Information. If you choose not to provide us with this information, you may still access and use portions of the Site. However, you may not be able to use portions of the Site which require you to provide Personal Information, such as the checkout page.
  • Indirectly from you. For example, through information we collect while providing services to you and from observing your actions on the Site.
  • 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 other third parties. We have previously collected and may continue to collect Personal Information from outside sources, including, advertising networks, online social networks, internet service providers, data analytics providers, government entities, operating systems and platforms, social networks, and data brokers. We have relationships with these third parties who may collect or receive information and use this to assist in analyzing our business and customers.

USES AND DISCLOSURES OF SENSITIVE PERSONAL INFORMATION

We only use and disclose Sensitive Personal Information for the following purposes:

  • To perform the services or providing the goods reasonably expected by an average consumer who requests those goods or services.
  • To ensure security and integrity to the extent the use of the consumer's Personal Information is reasonably necessary and proportionate for these purposes.
  • To prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted Personal Information.
  • To resisting malicious, deceptive, fraudulent, or illegal actions directed at the business and prosecuting those responsible for those actions.
  • To ensure the physical safety of natural persons.
  • For 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.
  • To 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.
  • To 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.
  • To collect and/or process Sensitive Personal Information where such collection or processing is not for the purpose of inferring characteristics about a consumer.

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.

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 the 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 complete theWebform  or call us at  our toll-free number 1-888-313-1372 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 or calling our toll-free number1-888-313-1372. 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. To verify your identity, we use a Service Provider who may ask additional questions to verify your identity, including the last four digits of your social security number, and questions about physical addresses or locations that you have been associated with.  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. 

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 Site.

Visitors to the Site 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 thisWebform or contact us at our toll-free number 1-888-313-1372.

CHOICES CONCERNING COOKIES AND OTHER TRACKING TECHNOLOGIES

Cookies, Web Beacons

We use cookies, web beacons and similar technologies to enhance your browsing experience, serve personalized ads or content, and analyze the usage of our Site and entry and exit points to and from emails. 

You can turn off targeting cookies by toggling off targeting cookies on thisWebform. Most web browsers automatically accept cookies, but you usually can change your browser 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.

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

Google Analytics

We use Google Analytics to help us understand how our customers use the Site -- 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

As described above, we 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:

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

Browser Opt-Out Preference Signals

We will consider your user-enabled privacy controls, such as a browser plugin or privacy setting or other mechanism, to signal your choice to opt-out of the sale and sharing of your Personal Information. Such signals are brand, browser, and device specific. 

YOUR MARKETING CHOICES

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or contacting us here. If you have an account, you can select your preferences through your account settings.

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.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Equelle (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy [https://equelle.com/pages/privacy-rights] (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 by affirmatively opting into the Program, such as through online or application-based enrollment forms. 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 autodialed or prerecorded 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 Equelle 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 Equelle, over the counter menopause supplement. 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 hello@equelle.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 Equelle’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.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to amend this Privacy Policy at our discretion and at any time. This Privacy Policy will be reviewed at least once every 12 months and will reflect the date it was last updated.

LINKS TO THIRD-PARTY WEBSITES; SOCIAL MEDIA SITES

We may link to third-party websites and services that we do not operate and are outside of our control. We are not responsible for the security or privacy of any information collected by other websites or other services. Please exercise caution and review the privacy statements applicable to the third-party websites and services you use. 

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 Policy or any questions about the security at our Site, please contact us at our toll-free number 1-866-EQUELLE or submit your questions or concerns here.