Terms of Service & Privacy Policy

View Cell-Ed, Inc. Terms of Service (“Terms”)

 

View Cell-Ed, Inc. Privacy Policy

 


Cell-Ed, Inc. Terms of Service (“Terms”)



Last updated: September 1, 2020 

Cell-Ed, Inc. (“Cell-Ed,” “us,” “we,” or “our”) provides its services (described below) to you through its website located at https://www.cell-ed.com (the “Site”) and through its mobile application and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms” or “Terms of Service”). We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. 

 

CELL-ED IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST CELL-ED ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. BY USING THESE SERVICES, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF SERVICE, PLEASE DO NOT USE THESE SERVICES. 

 

In addition, when using certain Services, you may be subject to any additional terms and conditions applicable to such services applicable to you as a user of the Services, including, without limitation, the Privacy Policy located at https://www.cell-ed.com/terms-of-service/#privacy. You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy, which includes those terms and conditions expressly set forth herein and those incorporated by reference before using the Site. 

 

Access and Use of the Service 

 

Services Description: Cell-Ed’s products and services facilitate cross-platform remote learning and communications. 

 

Your Registration Obligations: You may be required to register with Cell-Ed in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. 

 

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account, whether conducted by you, your organization, employees, or authorized agents. Cell-Ed is entitled to act on instructions received under your password. You agree to (a) immediately notify Cell-Ed of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Cell-Ed is not responsible for any actions taken or transactions made to or from your accounts by any other party using your password, and Cell-Ed will not be liable for any loss or damage arising from your failure to comply with this Section. 

 

Modifications to the Service: We may modify, suspend, or terminate access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. You agree that Cell-Ed will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 

 

General Practices Regarding Use and Storage of Your Information: You acknowledge that Cell-Ed may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Cell-Ed’s servers on your behalf. You agree that Cell-Ed has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Cell-Ed reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Cell-Ed reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 

 

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Cell-Ed and other entities by SMS, MMS, text message, WhatsApp message, push notification or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Cell-Ed account information to ensure that your messages are not sent to the person that acquires your old number. 

 

Electronic Communications 

 

When you use the Service or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, SMS, MMS, or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

 

By using the Service, you acknowledge and agree that Cell-Ed may send e-mails and text messages to the mobile number you provide relating to your account. You can opt out of your subscription to Cell-Ed’s e-mail services at any time by logging in to the Service and changing your notification preferences. You can opt out of receiving text messages by replying “STOP” to any message at any time, and by updating your contact preferences in your user account. You can also unsubscribe form special promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications under opt-in preferences. 

 

You acknowledge and agree that you are solely responsible for providing Cell-Ed with accurate contact information, including your mobile device number and email address, where we may send communications containing Personal Information. Cell-Ed is not responsible for user errors and omissions. 

 

Conditions of Use 

 

User Conduct: You agree to use the Services only as directed and approved. Cell-Ed reserves the right to investigate and take appropriate legal action against anyone who, in Cell-Ed’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service in a manner that Cell-Ed determines, in its sole discretion, is illegal or improper, including any attempt to: 

 

  • resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services; 
  • modify, reverse engineer, decompile or disassemble any of the technology or software comprising or making up the Services (the “Software”); 
  • copy, adapt, alter, modify, translate, or create derivative works of the Services without the written authorization of Cell-Ed; 
  • permit other individuals to use the Services, including but not limited to shared use via a network connection, except under the terms of this Agreement; 
  • circumvent or disable any technological features or measures in the Services for protection of intellectual property rights; 
  • use the Services in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction; 
  • use or access the Services to compile data in a manner that is used or usable by a competitive product or service; 
  • use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone; 
  • use your account to engage in any illegal conduct;
  • upload to transmit any communications that infringe or violate the rights of any party;
  • upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement and the Privacy Policy; or
  • upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website. 

 

Any such forbidden use shall immediately terminate your license to use the Services. 

 

Special Notice for International Use; Export Controls: Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. 

 

Mobile Applications

 

Apple- and Google-Enabled Software Applications: 

 

Cell-Ed offers mobile applications that may be made commercially available by Apple Inc. (“Apple”, and such apps, “Apple-Enabled Software”) or third parties that operate using the Android operating system, which is owned by Google, Inc. (“Google” which, together with Apple, is referred to herein as the “Marketplace Provider”; such software together with the Apple-Enabled Software, the “Marketplace-Enabled Software”). or other distribution channels (“Distribution Channels”). With respect to the Marketplace Enabled Software, in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply: 

 

  • If you obtain such Marketplace-Enabled Software, you may be subject to additional terms of the Marketplace Provider. These Terms of Service are between you and us only, and not with the Marketplace Provider. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services. 
  • Cell-Ed and you acknowledge that these Terms of Service are concluded between Cell-Ed and you only, and not with a Marketplace Provider, and that as between Cell-Ed and Marketplace Provider, Cell-Ed, not Marketplace Provider, is solely responsible for the Marketplace-Enabled Software and the content thereof. 
  • You may not use the Marketplace-Enabled Software in any manner that is in violation of or inconsistent with the usage rules set forth for Marketplace-Enabled Software in, or otherwise be in conflict with, the applicable marketplace terms of service (the “App Store Terms of Service”). 
  • Your license to use the Marketplace-Enabled Software is limited to a non-transferable license to use the Marketplace-Enabled Software on an iOS Product or Android- Product that you own or control, as permitted by the usage rules set forth in the App Store Terms of Service. 
  • The Marketplace Provider has no obligation whatsoever to provide any maintenance or support services with respect to the Marketplace-Enabled Software. 
  • The Marketplace Provider is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Marketplace-Enabled Software to conform to any applicable warranty, you may notify the Marketplace Provider, and the Marketplace Provider will refund the purchase price for the Marketplace-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, the Marketplace Provider will have no other warranty obligation whatsoever with respect to the Marketplace-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Cell-Ed’s sole responsibility, to the extent it cannot be disclaimed under applicable law. 
  • Cell-Ed and you acknowledge that Cell-Ed, not the Marketplace Provider, is responsible for addressing any claims of you or any third party relating to the Marketplace-Enabled Software or your possession and/or use of that Marketplace-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Marketplace-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 
  • In the event of any third party claim that the Marketplace-Enabled Software or the end-user’s possession and use of that Marketplace-Enabled Software infringes that third party’s intellectual property rights, as between Cell-Ed and the Marketplace Provider, Cell-Ed, not the Marketplace Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 
  • If you have any questions, complaints or claims with respect to the Marketplace-Enabled Software, they should be directed to Cell-Ed as follows: 

[email protected]

Cell-Ed, Inc. 855 El Camino Real Suite 13A-212 Palo Alto, CA 94301 

 

Cell-Ed and you acknowledge and agree that the Marketplace Provider, and the Marketplace Provider’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Marketplace-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, the Marketplace Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Marketplace-Enabled Software as a third party beneficiary thereof. 

 

Mobile Application Updates: You acknowledge and agree that we may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of our mobile application(s) and the Service. You consent to these updates and agree such updates may be automatically installed without providing any additional notice or receiving any additional consent from you. If you do not want such updates, your remedy is to stop using the applicable mobile application. You acknowledge that you may be required to install updates to use our apps, and you agree to promptly install any updates Cell-Ed provides if the update does not automatically install. By continuing to use a mobile application after an update, you renew your agreement to these Terms of Service. 

 

Push Messaging Express Consents: By consenting to receive content-related messages from Cell-Ed when you enroll with Cell-Ed, you expressly agree that we may communicate with you regarding an applicable mobile application or the Service generally by push notification directed to your mobile device and that certain information about your usage of the mobile application may be communicated to us. 

 

Electronic Notices: By using the Service, you agree that we may communicate with you via SMS, MMS, text message, voice message, email or other electronic means regarding security, privacy and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at [email protected] 

 

Third Party Material: Under no circumstances will Cell-Ed be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Cell-Ed does not pre-screen content, but that Cell-Ed and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Cell-Ed and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Cell-Ed, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. 

 

User Content Transmitted Through the Service: Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, voice recordings, or other material (“User Content”). You are responsible for maintaining Cell-Ed’s appropriate use policy. You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By voluntarily providing us with User Content, which may include Personal Information (as defined in the Privacy Policy), you are consenting to our use of Personal Information in accordance with these Terms of Service and our Privacy Policy. You also agree that any User Content you submit through the Service that is communicated to our partners, affiliates, and medical providers will be accurate and complete. By uploading any User Content you hereby grant and will grant Cell-Ed and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, the improvement of the Service, and as aggregated and/or de-identified for any lawful purpose. In any form, medium or technology now known or later developed. 

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Cell-Ed are non-confidential and Cell-Ed will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

 

You acknowledge and agree that Cell-Ed may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Cell-Ed, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

 

Our Obligations 

 

To provide and process the services to you, Cell-Ed shares your personally identifiable information with our authorized service providers that perform certain services or functions on our behalf. Cell-Ed may be required by law to disclose information you have provided in using any of the services on the Site. Cell-Ed may also disclose information where someone poses a threat to Cell-Ed’s interests (such as user fraud) or whose activities could bring harm to others. In addition, it may be necessary in the reasonable opinion of officials of Cell-Ed that certain information be provided to third parties, such as law enforcement authorities or governing bodies for a particular health care provider. In the event that Cell-Ed receives a court order to disclose information on the Site about you or your activities on the Site, you agree that such information may be disclosed. 

 

You may request that we update or change the information you provided to us or to receive a copy of the information we have stored by emailing us at [email protected] or by updating the information in your Member profile. We will make every reasonable effort to honor your wishes, or provide you with an explanation of why we cannot make the changes requested. We may request proof of identity before updating any information. 

 

Third Party Websites 

 

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Cell-Ed has no control over such sites and resources and Cell-Ed is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Cell-Ed will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Cell-Ed is not liable for any loss or claim that you may have against any such third party. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. 

 

Indemnity and Release 

 

You agree to release, indemnify and hold Cell-Ed and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. IN NO EVENT WILL YOU HAVE ANY OBLIGATION TO INDEMNIFY ANY INDEMNITEE FOR ANY LOSS, LIABILITY OR EXPENSE ARISING FROM ANY NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, WILLFUL, FRAUDULENT OR INTENTIONAL CONDUCT COMMITTED BY ANY INDEMNITEE. ANY OBLIGATION TO INDEMNIFY AN INDEMNITEE FOR ANY LOSS, LIABILITY OR EXPENSE ARISING FROM ANY NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, WILLFUL, FRAUDULENT OR INTENTIONAL CONDUCT COMMITTED BY ANY INDEMNITEE IS NOT ENFORCEABLE AGAINST ANY VISITOR OF THE SERVICES FROM NEW JERSEY. 

 

Disclaimer of Warranties 

 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CELL-ED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

 

CELL-ED MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. 

 

Limitation of Liability 

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CELL-ED WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CELL-ED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL CELL-ED ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CELL-ED IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). 

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. 

 

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION AND RELEASE”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. 

 

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. 

a. Agreement to Arbitrate 

 

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Cell-Ed, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Cell-Ed are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. 

 

b. Prohibition of Class and Representative Actions and Non-Individualized Relief 

 

YOU AND CELL-ED AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CELL-ED AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. 

 

c. Pre-Arbitration Dispute Resolution 

 

Cell-Ed is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected] If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Cell-Ed should be sent to: Cell-Ed, Inc., 855 El Camino Real Suite 13A-212, Palo Alto, CA 94301 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Cell-Ed and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Cell-Ed may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Cell-Ed or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Cell-Ed is entitled. 

 

d. Arbitration Procedures 

 

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. 

 

Unless Cell-Ed and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Cell-Ed agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. 

 

e. Costs of Arbitration 

 

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Cell-Ed will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Cell-Ed will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Cell-Ed will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

 

f. Confidentiality 

 

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. 

 

g. Severability 

 

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply. 

 

h. Future Changes to Arbitration Agreement 

 

Notwithstanding any provision in this Terms of Service to the contrary, Cell-Ed agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Cell-Ed written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service). 

 

Termination 

 

You agree that Cell-Ed, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Cell-E believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Cell-Ed may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Cell-Ed may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Cell-Ed will not be liable to you or any third party for any termination of your access to the Service. 

 

General 

 

These Terms of Service, in conjunction with the Privacy Policy, constitute the entire agreement between you and Cell-Ed and govern your use of the Service, superseding any prior agreements between you and Cell-Ed with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Cell-Ed agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California. The failure of Cell-Ed to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Cell-Ed, but Cell-Ed may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. 

 

Your Privacy 

 

At Cell-Ed, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of Personal Information as outlined therein. 

 

Notice for California Users 

 

California Civil Code Section 1798.83 (“Shine the Light” Law) permits users of the Service from California to request information regarding the disclosure of your personal information by Cell-Ed to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to [email protected] If we do not respond to your request, you may also have a right to file a complaint with: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Cell-Ed, Inc., 855 El Camino Real Suite 13A-212, Palo Alto, CA 94301 You may also contact us at [email protected] 

 

Questions? Concerns? Suggestions? Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service. 

 


Cell-Ed, Inc. Privacy Policy 


Last Updated: September 1, 2020 

INTRODUCTION 

 

Cell-Ed, Inc. (“Cell-Ed”, “we”, or “us”) has created this privacy policy (“Privacy Policy”) in order to set out how we collect, use, and disclose personal information through our website located at www.cell-ed.com (the “Website”) and through our web application using device browsers or using our native iOS, Android or other applications (the “App”) that is offered as part of Cell-Ed’s cross-device teaching, coaching, and tracking platform. This Privacy Policy applies to all of the products, services, and websites offered by Cell-Ed or our related, affiliated and/or subsidiary companies (collectively the “Services”). 

 

Your privacy is of great importance to us. By visiting our Website and/or using the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy and you hereby consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy. 

 

WHAT DOES THIS PRIVACY POLICY COVER? 

 

This Privacy Policy covers our collection, use and disclosure of information about identifiable individuals and information which can be used to identify an individual (“Personal Information”). Examples of Personal Information include the following: name, age, education level, telephone number, geolocation, educational interests, passwords and reminder questions and answers, dates associated with the provision of the Services (e.g. completion of a module and self-reported answers to questions posed), account numbers, device identifiers and serial numbers, internet protocol addresses, and any unique identifying number or code. Personal Information does not include “aggregate” information which we aggregate from information (including Personal Information) you provide to us. Personal Information may be collected about our customers, prospective customers, visitors to the Website, and end users of the Services. You can also choose to provide health information to us using health applications like Apple Health, Google Fit, or other (“Health Apps”). You can choose not to provide us with certain information, but by doing so, you may not be able to take advantage of many of the features and functionality of our Services. 

 

This Privacy Policy does not apply to the practices of companies that we do not own or control. You understand and agree that Cell-Ed and its authorized business partners, affiliates, subsidiaries or agents (collectively, “Cell-Ed”, “us”, or “we”) may collect, maintain, and process information provided by you, on and through the Services. You represent and warrant that you have permission to share any information you elect to provide Cell-Ed, you consent to such information being shared with third parties, including, if applicable, healthcare providers, and that such information is accurate, current, non-misleading, and consistent and relevant for the purpose for which you are providing information. 

 

Links to other sites: As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or applications or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Website or App in connection with the provision of the Services. Therefore, this Privacy Policy does not apply to your use of a third party websites or applications accessed by selecting a link on our Website or on the App or via our Services. To the extent that you access or use the Services through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites or applications before proceeding to use them. 

 

The information on this site is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this web site is for general information purposes only. Cell-Ed makes no representation and assumes no responsibility for the accuracy of information contained on or available through this web site, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this web site with other sources, and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICES. 

 

Cell-Ed does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be contained on or available through this web site. CELL-ED IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THE SERVICES. 

 

COLLECTION AND USE OF PERSONAL INFORMATION AND OTHER DATA 

 

Account Information: In order to use the Services, users may be required to have a valid Cell-Ed account to log in to the Services (an “Account”). When you register for the Services, Cell-Ed collects your name, email address, birth date, gender, zip code, your business phone number and business address (“Account Information”). Cell-Ed will also have access to information about your use of the Services such medical appointments made, test results, geo-location data and other information available that is combined with your Account Information. Once you create an account with us and sign into our services, you are not anonymous to us. 

 

Cell-Ed collects Personal Information in the following general ways: 

 

  • Cell-Ed collects Personal Information you knowingly choose to submit to us through the Services, such as your name and email address. Alone or in combination with other information, this information could be used to identify you. 
  • When you contact a coach or support personnel. 
  • When you use Cell-Ed Services to make a request. 
  • When you register your account and when you update your Account Information. 
  • When you register for Services or other communications through the Website or App.
  • When you access or use the Services, Cell-Ed may automatically receive and record information on our server logs from your browser, including your IP address, cookies, log data, device information, and usage information. IP addresses are automatically reported by your browser each time you view a web page. Your IP address is stored by Cell-Ed when you register with Cell-Ed. 

 

Generally, Cell-Ed uses the Account Information (including Personal Information) to deliver the Services to you, to improve the delivery of our Services and related products and services, to conduct our business, to develop analytics and aggregated data that allow us to improve our Services and related products and services, or to correspond with you. Specifically, Cell-Ed uses Personal Information as necessary for certain legitimate business interests, including to: 

 

  • Authenticate access to the Account and provide access to the Services; 
  • Provide, operate, maintain and improve the Services; 
  • Send technical notices, updates, security alerts and support and administrative messages; 
  • Provide and deliver the Services and features you request, process and complete transactions, and send you related information, including confirmations and invoices; 
  • Respond to comments, questions, and requests and provide customer service and support;
  • Communicate with you about services, features, surveys, newsletters, offers, promotions, contests and events, and provide other news or information about us and our select partners; 
  • Investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities, and ensure the security of our IT systems, architecture and networks; 
  • Personalize and improve the Services, and provide content, features, and/or advertisements that match your interests and preferences or otherwise customize your experience on the Services;
  • Monitor and analyze trends, usage, and activities in connection with the Services and for marketing or advertising purposes; 
  • Link or combine with other information we receive from third parties to help understand your needs and provide you with better service;
  • Enable you to communicate, collaborate, and share files with users you designate; 
  • Keep basic data to identify you and prevent further unwanted processing, in the event you ask us to delete your data and we are required to fulfil your request; 
  • (a) comply with legal obligations and legal process; (b) respond to requests from public and government authorities including public and government authorities outside your country of residence; (c) enforce our Terms of Service; (d) protect our operations or those of any of our affiliates; (e) protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (f) allow us to pursue available remedies or limit the damages that we may sustain, as required or permitted by the law; and 
  • For other purposes about which we will notify you about and seek your consent. 

 

For individuals in the European Union (“EU”), please see the “European Union (EU) Users” section below for information on what we mean by legitimate interests and your rights. 

 

Prospective Customers: We collect names, email addresses and other business contact information about individuals who we consider to be prospective Customers and business partners (“Prospects”). Cell-Ed uses third-party service providers in order to collect, store and process Personal Information about Prospects. We use these third-party service providers to identify Prospects and locate contact information to contact Prospects about our products and services.

 

Website Visitors: As you visit or browse the Website, we collect information about the device and browser you use, your network connection, your IP address, and information about the cookies installed on your device. This information is logged to help diagnose technical problems for analytics and for quality control purposes. We also collect Personal Information submitted by any visitor to our Website through messaging features we make available on our Website and use such information for the purpose of responding to your requests. 

 

Cookies: Cell-Ed requires authentication and authorization to in order to process Account access. As such, we use cookies throughout the Services to authenticate users. By using our Services, you indicate your consent for Cell-Ed and our affiliates to send cookies to your computer or mobile device in order to uniquely identify your device and improve the quality of our services; you may turn off cookies in your browser though, in doing so, some or all of our Service features may not work. 

 

A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. We assign a different cookie to each device that accesses our Website. To learn more about cookies, please visit http://www.allaboutcookies.org/. 

 

We use cookies to recognize devices and provide a personalized experience through the Services. In particular, Cell-Ed uses session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in. This information allows Cell-Ed to process your online transactions and requests. Session cookies help us make sure you are who you say you are after you’ve logged in and are required in order to use the Services. For example, Cell-Ed may use cookies to collect the following information: 

 

  • Browser and device data, such as IP address, device type, operating system and internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons and the version of the Services you are using. 
  • Cookie and tracking technology data, such as time spent on the Services, referral source, pages visited, language preferences, and other anonymous traffic data. 
  • Your preferred means of communication is collected when you voluntarily provide this information. 
  • Performance, Analytics and Research: Cookies help us learn how well our site and web products perform in different locations. We also use to understand, improve, and research products, features, and Services, including when you access the Services from other services, applications, or devices such as your work computer or your mobile device. 
  • Cell-Ed may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. 

 

We also allow other companies that are presenting advertisements on some of our pages to set and access their cookies on your computer. Please note that ad networks’ use of cookies or web beacons, and that of any other third-party that has a link available on any Site, is subject to their own privacy policies and not this privacy policy. Advertisers or other companies do not have access to our cookies. 

 

If you prefer, you can turn off cookies in your web browser by changing its security settings. Please note, however, some features of Products and Services may not function properly if your cookies are disabled. You may be able to set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Website and/or Services. We do not link any of the information we use in cookies to any personally identifiable information submitted by you when you are on the Website. 

 

Cell-Ed also combines data derived from our usage of cookies with Account Information of registered users for the purposes set out above. 

 

 

Type of Cookies Used: The Services use the technologies described below. 

CATEGORY DESCRIPTION WHO SERVES THE TECHNOLOGY PRIVACY POLICY OPT OUT 
Strictly necessary We use cookies that are strictly necessary to provide users with access to the Services and to use some of their features, such as the ability to log-in and access to secure areas. These cookies are essential for using and navigating the Site. Without these cookies, basic functions of our Services would not work. We also use a cookie to record when a user has agreed to the cookie consent banner. PHPSESSID

(wordpress login)

WihmAx (hosting management)

CMS-wordpress

http://www.Cell-Ed.com/privacy-policy/ Because these cookies are strictly necessary to deliver the Site, users cannot refuse

them.

Strictly necessary We use “analytics” cookies that allow us to recognize and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our Services work, for example by making sure users are finding what they need easily. The collected data provides us only with anonymous traffic statistics (like number of page views, number of visitors, and time spent on each page). These cookies also may allow us to track how often posts on third party websites, such as social media sites, are clicked on. • Google Analytics

(GA, _GID)

https://policies.go

ogle.com/privacy

Users may download and install an opt-out add-on for their web

Browsers. https://tools.google.com/dlpage/gaoptout

Functionality We use cookies to enhance the performance and functionality of the Services and our services (such as collecting performance and error data). These cookies are not essential for using and navigating the Site. However, without these cookies, certain functionality may become unavailable Tfw_exp Users may opt-out of cookies

 

 

Your Choices: On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers: 

 

  • Internet Explorer
  • Mozilla Firefox 
  • Google Chrome 
  • Apple Safari 

 

Please note that if you limit the ability of the Services to set cookies, you may be unable to access certain parts of the Services and you may not be able to benefit from the full functionality of the Services. 

 

If you access the Services on your mobile device, you may not be able to control tracking technologies through the settings. 

 

Device Information: This information includes type of device you are using, operating system, settings, unique device identifiers, network information and other device-specific information. Information collected may depend on the type of device you use and its settings. 

 

Usage Information: This includes information about how you use our Services, such as the types of content that you view or engage with, the features you use, the actions you take, the other users you interact with and the time, frequency and duration of your activities

 

PROTECTION OF INFORMATION 

 

We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your Personal Information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks. 

 

ONLINE TRACKING 

 

At this time, this Service does not support Do-Not-Track signals. 

 

Log Files: Like many internet and mobile services, we may automatically gather certain information about our Services traffic and store it in log files. This information includes mobile device identifiers, browser type, IP address, mobile or internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Services, to track users’ movements around the Services, and to gather demographic information about our user base. 

 

We also store in our log files information identifying users who have accessed data that we store about patients, and any changes they make to such data. We use this information to comply with legal obligations relating to such data and to keep a record of such changes. We may also use it to improve our Services. 

 

We may link this automatically collected data to Personal Information. Device identifiers may be tied to Personal Information to troubleshoot access issues.

 

We may use third-party tracking services that use log files, cookies, and possibly other techniques to track non-Personal Information about visitors to the Services in the aggregate. These services capture usage and volume statistics as well as geographical location data to compile usage reports and maps for optimization and troubleshooting purposes. 

 

STORAGE LOCATION AND TRANSFER OF PERSONAL INFORMATION 

 

Cell-Ed processes and stores its data, including Personal Information, on cloud servers that may be located outside of the country where you live. Cell-Ed also transfers data to the third-party service providers described herein. 

 

By submitting Personal Information or otherwise using the Services, you agree to this transfer, storing or processing of your Personal Information in North America. You acknowledge and agree that your Personal Information may be accessible to law enforcement and governmental agencies in these countries under lawful access regimes or court order. 

 

DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES 

 

Your Consent to Share: By providing any Personal Information to us, you fully understand and unambiguously consent to the transfer of such Personal Information and the collection and processing of such Personal Information to third parties, who may include health care providers, , credit card processing vendors or other third parties as described in the Terms of Service. We may share aggregated data to conduct our business, improve the delivery of our Services, to develop analytics, and to enable us and our partners to improve and promote our products and services.

 

We will not sell or rent your Personal Information to anyone other than as described in this Privacy Policy. 

 

Service Providers and Business Partners: We may from time to time employ third parties to perform tasks on our behalf and we may need to share Account Information and other Personal Information with them to provide certain services. Unless we tell you differently, such third parties do not have any right to use the Personal Information we share with them beyond what is necessary for them to provide the tasks and services on our behalf. We currently engage third party companies and individuals employed by us to facilitate our Services, including the provision of maintenance services, database management, Web analytics and general improvement of the Services, and businesses who engage our Services (to the extent provided for above). 

 

Business Transfers: If our business (or substantially all of our assets) are acquired by a third party, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law. 

 

Health Apps: Where you choose to do so, we may share your health information with services such as Apple Health and Google Fit. 

 

With Your Consent: If we need to use or disclose any Personal Information in a way not identified in this Privacy Policy, we will notify you and/or obtain consent as required under applicable privacy laws. 

 

As Required by Law: We may disclose Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other end users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce our contracts or user agreement, including investigation of potential violations hereof; and (iii) detect, prevent, or otherwise address fraud, security or technical issues. We may disclose Personal Information if we believe it is necessary to investigate potential violations of our Terms of Service, or to enforce those Terms of Service. The above may include exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Notwithstanding the general terms of this policy, the collection, use, and disclosure of Personal Information may be made outside of the terms herein to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders. 

 

RETENTION 

 

We will keep Personal Information for as long as it remains reasonably necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. Unless otherwise set forth in the applicable Terms of Service or a separate agreement with you governing the applicable Services, if you cease using such Service, we may retain or destroy, at our discretion, all Personal Information and non-personally identifiable information we collect through your use of such Service. All retained Personal Information will remain subject to the terms of this Privacy Policy. 

 

OPT-OUT CHOICES 

 

To “opt-out” of (1) any consents previously given to us, (2) receiving communications from us, or (3) having Personal Information disclosed to third parties, send an e-mail to [email protected] Notwithstanding this right to request to cease receiving communications from us and to have us not share Personal Information with third parties, we retain the right to collect, maintain and process information provided by and collected about you on and through the Services, and disclose such information to comply with its reasonable business and legal obligations. 

 

MINORS 

 

Cell-Ed does not knowingly solicit or collect data from children nor knowingly market to anyone under the age of 18. If you are under the age of 13, you are explicitly not authorized to use this Service. If you become aware that your child has provided us with Personal Information without your consent, please contact us at [email protected] If we become aware that a child under 18 has provided us with Personal Information, we will take reasonable steps to remove such information from our systems and terminate the applicable account. 

 

TERMS OF SERVICE 

 

Please also visit our applicable Terms of Service, which govern the use of our Services. 

 

NOTICE TO CALIFORNIA RESIDENTS 

 

California Civil Code Section 1798.83 (“Shine the Light” Law) permits users of the Service from California to request information regarding the disclosure of your personal information by Cell-Ed to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to [email protected] If we do not respond to your request, you may also have a right to file a complaint with: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Cell-Ed 855 El Camino Real Suite 13A-212 Palo Alto, California, 94301. 

 

EUROPEAN UNION (EU) USERS 

 

Scope. This section applies if you are an EU User (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway). 

 

Data Controller. Cell-Ed is the data controller for processing Personal Information provided to us through your interactions with the Services. To find out our contact details, please see the “Contact Us” section below, which also provides the contact details of our representative in the EU for purposes of the General Data Protection Regulation. 

 

If you are an individual in the EU, you can also contact [_] who has been appointed as Cell-Ed’s representative in the EU pursuant to Article 27 of the General Data Protection Regulation on matters related to the processing of Personal Information. If you want to raise a question to Cell-Ed, or otherwise exercise your rights in respect of your Personal Information (described below), please contact our EU-based Representative at [_]. 

 

Your Rights. Subject to applicable EU law, you may have the following rights in relation to your Personal Information that we hold about you if it was obtained through your use of our Services, and depending upon the EU member state in which you reside: 

 

  • Right of Access: If you ask us, we will confirm whether we are processing your Personal Information and, if so, provide you with a copy of all Personal Information you are lawfully entitled to receive along with certain other details. If you require additional copies, we may need to charge a reasonable fee. 
  • Right to Rectification: If your Personal Information is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Information with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so you can contact them directly. 
  • Right to Erasure: You may ask us to delete or remove your Personal Information, such as where you withdraw your consent, where applicable. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Information with so you can contact them directly. However, due to the public interest in the availability of clinical trial data. 
  • Right to Restrict Processing: You may ask us to restrict or ‘block’ the processing of your Personal Information in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your Personal Information with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so you can contact them directly. 
  • Right to Data Portability: You have the right to obtain your Personal Information from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that is processed by us by automated means. We will give you your Personal Information in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
  • Right to Object: You may ask us at any time to stop processing your Personal Information, and we will do so:
    • If we are relying on a legitimate interest to process your Personal Information — unless we demonstrate compelling legitimate grounds for the processing or 
    • If we are processing your Personal Information for direct marketing, including sending information about investing in our company.
  • Right to Withdraw Consent: If we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.
  • Rights in Relation to Automated Decision-making: You have the right to be free from decisions based solely on automated processing of your Personal Information, (including profiling) unless this is necessary in relation to a contract between you and us or you provide your explicit consent to this use.
  • Right to Lodge a Complaint with the Data Protection Authority: If you have a concern about our privacy practices, including the way we handled your Personal Information, you can report it to the data protection authority that is authorized to hear those concerns. 

 

Please see the “Additional Information” section below for information on how to contact us to exercise your rights. 

 

Legitimate Interest. “Legitimate interest” means our interest in conducting our business, managing and delivering the best experiences on the Services to you. This Privacy Policy describes when we process your Personal Information for our legitimate interests, what these interests are and your rights. We will not use your Personal Information for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted to by law. 

 

Children in the EU: The Services are not directed to EU data subjects who are children who are under the age of 16. Cell-Ed does not knowingly collect Personal Information from children who are under 16. If you have reason to believe that a child under the age of 16 has provided Personal Information to Cell-Ed through the Services please contact us and we will endeavor to delete that information from our databases. 

 

INTERNATIONAL USERS 

 

Cell-Ed is based in the United States. If you are accessing our Services from or in the European Union or other regions with laws governing data collection and use, please note that your Personal Information will be transmitted to our servers in the United States as necessary to provide you with the information that you requested, administer our contract with you or to respond to your requests as described in this Privacy Policy, and the data may be transmitted to our service providers supporting our business operations (described above). The United States may have data protection laws less stringent than or otherwise different from the laws in effect in the country in which you are located. Where we transfer your Personal Information out of the EU we will take steps to ensure that your Personal Information receives an adequate level of protection where it is processed and your rights continue to be protected. 

 

CHANGES TO THIS PRIVACY POLICY 

We may amend this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post those changes on this page and update the Privacy Policy modification date at the top of this page. Use of Personal Information we collect is subject to the Privacy Policy in effect at the time such information is collected, used or disclosed. If we make material changes or changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or App or sending you an email prior to the change becoming effective. You are bound by any changes to the Privacy Policy when you use the Website, App or Services after such changes have been first posted. 

ADDITIONAL INFORMATION 

If you have questions regarding our Privacy Policy, its implementation, and/or our general practices, please contact us at: [email protected]