We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Notice describes how Cellmed, Inc and its affiliates (collectively "Cellmed") collect and process your personal information through Cellmed websites (Cellmedusa.com), devices, products, services, online and physical stores, and applications that reference this Privacy Notice (together "Cellmed Services"). By using Cellmed Services, you are consenting to the practices described in this Privacy Notice.

 

Here are the types of personal information we collect:

Information You Give Us: We receive and store any information you provide in relation to Cellmed Services. You can choose not to provide certain information, but then you might not be able to take advantage of many of our Cellmed Services.

Automatic Information: We automatically collect and store certain types of information about your use of Cellmed Services, including information about your interaction with products, content, and services available through Cellmed Services. Like many websites, we use "cookies" and other unique identifiers, and we obtain certain types of information when your web browser or device accesses Cellmed Services and other content served by or on behalf of Cellmed on other websites. Our physical stores may use cameras, computer vision, sensors, and other technology to gather information about your activity in the store, such as the products and services you interact with. Click here to see examples of what we collect.

Information from Other Sources: We might receive information about you from other sources, such as updated delivery and address information from our carriers, which we use to correct our records and deliver your next purchase more easily. Click here to see additional examples of the information we receive.

For What Purposes Does Cellmed Use Your Personal Information?

We use your personal information to operate, provide, develop, and improve the products and services that we offer our customers. These purposes include:

 

Purchase and delivery of products and services. We use your personal information to take and handle orders, deliver products and services, process payments, and communicate with you about orders, products and services, and promotional offers.

Provide, troubleshoot, and improve Cellmed Services. We use your personal information to provide functionality, analyze performance, fix errors, and improve the usability and effectiveness of the Cellmed Services.

Communicate with you. We use your personal information to communicate with you in relation to Cellmed Services via different channels (e.g., by phone, email, chat).

Fraud Prevention and Credit Risks. We use personal information to prevent and detect fraud and abuse in order to protect the security of our customers, Cellmed, and others. We may also use scoring methods to assess and manage credit risks.

What About Cookies and Other Identifiers?

To enable our systems to recognize your browser or device and to provide and improve Cellmed Services, we use cookies and other identifiers. For more information about cookies and how we use them, please read our Cookies Notice.

 

Does Cellmed Share Your Personal Information?

Information about our customers is an important part of our business, and we are not in the business of selling our customers' personal information to others. We share customers' personal information only as described below and with subsidiaries, Cellmed USA, LLC, controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

 

Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders for products or services, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, transmitting content, scoring, assessing and managing credit risk, and providing customer service. These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes.

Business Transfers: As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Cellmed, Inc. or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

Protection of Cellmed and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Cellmed, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Other than as set out above, you will receive notice when personal information about you might be shared with third parties, and you will have an opportunity to choose not to share the information.

 

How Secure Is Information About Me?

We design our systems with your security and privacy in mind.

We work to protect the security of your personal information during transmission by using encryption protocols and software.

We follow the Payment Card Industry Data Security Standard (PCI DSS) when handling credit card data.

We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of customer personal information. Our security procedures mean that we may ask to verify your identity before we disclose personal information to you.

It is important for you to protect against unauthorized access to your password and to your computers, devices, and applications. We recommend using a unique password for your Cellmed account that is not used for other online accounts. Be sure to sign off when finished using a shared computer. Click here for more information on how to sign off.

What Information Can I Access?

You can access your information, including your name, address, payment options, profile information, membership, household settings, and purchase history in the "Your Account" section of the website. Click here for a list of examples that you can access.

 

What Choices Do I Have?

If you have any questions as to how we collect and use your personal information, please contact our Customer Service at206-825-5155. Many of our Cellmed Services also include settings that provide you with options as to how your information is being used.

As described above, you can choose not to provide certain information, but then you might not be able to take advantage of many of the Cellmed Services.

 

Conditions of Use, Notices, and Revisions

If you choose to use Cellmed Services, your use and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the state of California. If you have any concern about privacy at Cellmed, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice will change also. You should check our websites frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
 

 

Terms of Use

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Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the Cellmed web site located at www.Cellmedusa.com, and all associated sites linked to www.Cellmedusa.com by Cellmed, its subsidiaries and affiliates, including Cellmed sites around the world (collectively, the "Site"). The Site is the property of Cellmed Inc. and its subsidiaries and affiliates ("Cellmed") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

 

Cellmed reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Cellmed grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

 

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Cellmed, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

 

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Cellmed’s express prior written consent.

 

Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Cellmed reserves the right to bar any such activity.

 

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Cellmed server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

 

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Cellmed, including any Cellmed account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

 

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Cellmed’s systems or networks, or any systems or networks connected to the Site or to Cellmed.

 

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Cellmed on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Cellmed or others.

 

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

 

Cellmed’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

 

Cellmed may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Cellmed makes no commitment to update the materials on the Site with respect to such products and services.

 

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

 

Guidelines for Using Cellmed Trademarks & Copyrights

Rights & Permissions

Trademarks

Claims of Copyright Infringement

Piracy

Counterfeit Products

Legal Contacts

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

 

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an Cellmedusa ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Cellmed immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Cellmed or any other user of or visitor to the Site due to someone else using your Cellmed ID, password or account as a result of your failing to keep your account information secure and confidential.

 

You may not use anyone else’s Cellmed ID, password or account at any time without the express permission and consent of the holder of that Cellmed ID, password or account. Cellmed cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

Privacy

Cellmed’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Cellmed’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

Links to Other Sites and to the Cellmed Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Cellmed’s control, and Cellmed is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

Disclaimers

CELLMED DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CELLMED CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CELLMED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CELLMED DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CELLMED SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CELLMED FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

 

Cellmed reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

Limitation of Liability

Except where prohibited by law, in no event will Cellmed be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Cellmed has been advised of the possibility of such damages.

 

Indemnity

You agree to indemnify and hold Cellmed, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Cellmed by any third party due to or arising out of or in connection with your use of the Site.

 

Violation of These Terms of Use

Cellmed may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Cellmed’s rights or property, or the rights or property of visitors to or users of the Site, including Cellmed’s customers. Cellmed reserves the right at all times to disclose any information that Cellmed deems necessary to comply with any applicable law, regulation, legal process or governmental request. Cellmed also may disclose your information when Cellmed determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

 

You acknowledge and agree that Cellmed may preserve any transmittal or communication by you with Cellmed through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Cellmed determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Cellmed, its employees, users of or visitors to the Site, and the public.

 

You agree that Cellmed may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Cellmed, for which monetary damages would be inadequate, and you consent to Cellmed obtaining any injunctive or equitable relief that Cellmed deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Cellmed may have at law or in equity.

 

You agree that Cellmed may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

 

If Cellmed does take any legal action against you as a result of your violation of these Terms of Use, Cellmed will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Cellmed. You agree that Cellmed will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

 

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Cellmed and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 

Void Where Prohibited

Cellmed administers and operates the www.Cellmed.com Site from its location in Irvine, California USA; other Cellmed sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Cellmed reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

 

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Cellmed with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Cellmed with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Cellmed, Cellmed will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Cellmed’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Cellmed of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Cellmed and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

Cellmed provides access to Cellmed international data and, therefore, may contain references or cross references to Cellmed products, programs and services that are not announced in your country. Such reference does not imply that Cellmed in your country intends to announce such products, programs or services.

 

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Cellmed shall be free to use such information on an unrestricted basis.

 

The information contained in this web site is subject to change without notice.

Copyright © 2022-2023 Cellmed Inc. All rights reserved.

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