Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between you and ARCAEA LLC, a Delaware corporation (the “Company”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.arcaea.com (the “Website”), including any content offered on or through the Website.

By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you agree to be bound by these Terms of Use and the Company’s Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use

The Company may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when the Company posts them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

The Company reserves the right to withdraw or amend this Website and any material the Company provides on the Website, in the Company’s sole discretion without notice. The Company will not be liable if all or any part of the Website is unavailable at any time or for any period. On one or more occasions, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for (1) making all arrangements necessary for you to have access to the Website, and (2) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

You agree that all information you provide through the use of any interactive features on the Website is governed by the Privacy Policy and you consent to all actions the Company takes with respect to your information consistent with the Privacy Policy.

Intellectual Property Rights

The Website and its contents, features, and functionality (including all information, software, text, displays, images, video, and audio) are owned by the Company, its licensors, or other providers of those materials and are protected by copyright, trademark, patent, trade secret, and other intellectual property rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at the Company’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material without the Company’s prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or users of the Website or expose them to liability.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes and may include statements or references to ingredients or products under development and/or that have not been approved for human consumption. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

The Company may update the content on this Website on one or more occasions, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Company is under no obligation to update any such material.

Information About You and Your Visits to the Website

All information the Company collects on this Website is subject to the Privacy Policy. By using the Website, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy.

Linking to the Website

You may link to the Company’s homepage, on condition that you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the Company’s part without the Company’s express written consent. You agree to cooperate with the Company in causing any unauthorized linking immediately to stop. The Company reserves the right to withdraw linking permission without notice. The Company may disable all or any links at any time without notice in the Company’s discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is incorporated in the state of Delaware in the United States. The Company provides this Website for use only by persons located in the United States. The Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

To the fullest extent provided by law, the Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or on any website linked to it.

Your use of the Website and its content is at your own risk. To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Neither the Company nor anyone associated with the Company represents or warrants that the Website or its content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Company’s site or the server that makes it available are free of viruses or other harmful components, or that the Website or its content will otherwise meet your needs or expectations. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, the Company and its subsidiaries and affiliates, and their licensors, distributors, customers, service providers, employees, agents, officers, and directors, will collectively not be liable to any party (regardless of the form of action, whether in contract, tort, or otherwise) in excess of $500. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify and defend the Company, its affiliates, licensors, distributors, customers, and service providers, and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including any use of the Website’s content other than as expressly authorized in these Terms of Use or your use of or reliance on any information obtained from the Website.

Governing Law and Jurisdiction

All matters and disputes arising out of these Terms of Use or the Website, will be governed by the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of these Terms of Use or the Website shall be instituted exclusively in the courts located in the State of Delaware, although the Company may bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

Arbitration

At Company’s sole discretion and if permitted by applicable law, it may require you to submit any disputes arising out of these Terms of Use or the Website to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these

Terms of Use or the Website must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Waiver and Severability

No waiver by the Company under these Terms of Use will be effective unless it is in writing and signed by the Company. A waiver granted on one occasion will not operate as a waiver on other occasions

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.


Privacy

1. Introduction

Arcaea (“Arcaea” “we”, “us” or “our”) respects your privacy and we committed to protecting it through our compliance with this privacy policy (“Privacy Policy”). We have created this Privacy Policy to inform you of our policies regarding the collection, use and disclosure of personal information and the choices you have associated with that information.

This Privacy Policy applies to all personal information collected during any written, electronic, and oral communications or collected online or offline, which include:

  • All webpages and websites that link to this Privacy Policy (the “Site”)
  • Any mobile, web, console, desktop and other applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site.
  • When you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this Privacy Policy.
  • Via our health consultants and laboratories.

BY USING THIS SITE, YOU CONSENT TO THE COLLECTION AND USE OF THE PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT FEEL COMFORTABLE WITH ANY PART OF THIS POLICY, YOU SHOULD NOT USE OR ACCESS OUR SITE OR SERVICES.

2. Changes to our Privacy Policy

We may modify or amend this Privacy Policy at any time, without prior notice, and changes may apply to any Personal Information we hold about you, as well as any new personal information collected after the Privacy Policy is modified. We will notify users of any material changes (as determined by us) that we make to our Privacy Policy via our website or our partners’ (“Partner”) websites. You are also responsible for visiting this Privacy Policy from time to time to check for any changes. All changes are effective immediately when we post them, and they apply to all access to and use of the Site and our services (“Services”) from that point onward. If you use our Site or Services after we make changes to our Privacy Policy, you acknowledge and agree to the current version of the Privacy Policy. Notwithstanding any modifications we may make, any personal information and web browsing or tracking information collected by us from you will be treated in accordance with the Privacy Policy in effect at the time such information was collected, unless we obtain your consent otherwise.

We also may provide additional “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific Services. Such notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your personal information.

This Site is offered and available to users who are 18 years of age or older (except with parental consent). We do not collect or maintain personal information from people we actually know are under 18 years old (except with parental consent). Except with parental consent, if we obtain actual knowledge that a user is under 18 years old, we will use our best efforts to remove that person’s information from our database. If you are not 18 years of age or older and you do not have parental consent, you must not access or use our Services.

3. What Information Do We Collect?

We collect several types of information from and about users of our Services.

Account and Personal Demographic Information

  • Account Information. You must provide certain information in order to receive our Services (“Account Information”). This information may include your name, email address, shipping address, phone number, credit card or other payment information, the password you create, date of birth, survey responses, and biological sex. Your account information also includes records and copies of any correspondence with you and details of any transactions you carry out through Services.
  • Self-Reported Information. Arcaea or our Partners may ask you to provide data about yourself (your “Self-Reported Information”), including demographic data such as personal and family medical history, age, physical features such as eye color, behavioral information such as exercise habits, or self-declared ethnicity.

Computer, Device and Browsing Information. As you interact with our Services (including our website or our Partners’ websites), we, and/or our Partners, may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and usage patterns. This data may include details like these:

  • Details of your visits to our Services and/or our Partners, which could include:
  • the resources that you access and use on these Services;
  • the external sites that referred you to our Services; and
  • the external sites that you visited just after visiting our Services.
  • Information about your computer or device and internet connection, which could include:
  • your IP address or other device ID;
  • your operating system; and
  • your browser or device type.

The information collected helps us, and/or our Partners to improve our Services. It also helps us to deliver better and more personalized features to you by enabling us, and/or our partners to recognize you when you return to our, and/or our Partners’ Services, by storing information about your preferences and customizing Services according to your individual interests, and by administering a survey or other feature of Services. It also helps us, and/or our Partners to provide targeted advertising, estimate our audience size and usage patterns, and monitor the success of our marketing activities.

The technologies used for this automatic data collection may include cookies. You may refuse to accept browser cookies through your browser settings. However, if you select this setting, you may be unable to access certain parts of our, and/or our Partners’ Services. Unless you set your browser to refuse cookies, our, and/or our Partners’ system may issue cookies when you direct your browser to our Services.

4. How Do We Use Your Information?

Except as otherwise described in this Privacy Policy, we do not share your information with third parties without your consent, unless it is de-identified and/or aggregated data. Aggregated data includes data derived from personal information and also data collected by us from other sources; in its de-identified or aggregated form, it does not identify or relate to any individual. We will use information that we collect about you or that you provide to us only as described in this Privacy Policy:

To provide and improve our Services. Your information is primarily used to present and provide Services to you.

This includes the following:

  • providing you appropriate search results and personalized content;
  • verifying your identity;
  • recognizing you when you return to Services;
  • notifying you about updates or changes to Services or any services offered or provided through it; and
  • providing you with information or services that you otherwise have requested.

To improve our Services or to develop new products and services, your information may be used as follows:

  • to track your usage of Services;
  • to administer a survey;
  • to perform quality control and quality improvement activities;
  • to conduct data analysis about audience size and usage trends;
  • to conduct marketing campaigns and targeted online advertising; and
  • to monitor the success of marketing activities.

5. When Do We Share Your Information?

We will share your relevant Account Information and Self-Reported Information with our Partners only after you have authorized us to do so. We may also disclose your personal information:

  • To comply with law, a valid court order, a judicial proceeding, subpoenas, warrants, bankruptcy proceedings, or in connection with any legal process, provided that we will not disclose your Information without a valid subpoena or search warrant specific to your Information. If we are required to disclose your information, we will do our best to provide you with notice in advance, unless we are prohibited by law from doing so.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, in which information held by us about our users is among the assets transferred. This Privacy Policy would continue to apply to information collected while it was in place.

We may publicly share descriptive statistics about aggregated data set/s, de-identified and aggregated Self-Reported Information, and usage of our, and/or Partners’ Services.

In case of your death or incapacitation, we may provide access to your account with us, including test results therein, to your verified executor or legally authorized representative. If you are seeking such access, you may contact us and/or the Partner you accessed the Services through. Other than as described above, we will never provide your information to anyone for any purpose under any circumstances.

6. What Choices Do You Have About How We Use and Share Your Information?

We strive to provide you with choices about the information you provide to us and our Partners. We have the following mechanisms to give you the following controls over your information:

Tracking Technologies and “Do Not Track.” You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our website or our partners’ websites may not be accessible or not function in the proper way. We rely on third party ad networks to deliver relevant advertising messages on our behalf. Because we do not deliver or track online ads, we currently do not “listen” or respond to your selection of the “Do Not Track” option provided by your browser.

Advertising Networks. We work with advertising service providers that collect non-personally identifying information from you when you visit the Site and other websites, in order to show ads for our Services that we think may be of interest to you after you visit our Services. If you do not wish to receive our personalized ads, you can visit the opt-out pages of the Network Advertising Initiative (https://www.networkadvertising.org) or the Digital Advertising Alliance (http://www.aboutads.info) to learn about how to opt out of receiving personalized ads from their member companies.

Google Analytics We may work with Google Analytics to better understand our audience and users, to improve our marketing campaigns, and to enhance our services. You can learn more about Google Analytics’ privacy choices or opt out at any time.

If we have sent you a promotional email or other informational email not related to your order or account, the email will have an “unsubscribe” feature that will allow you to opt-out of receiving future email distributions. We will not use your Information to promote our Services or those of our Partners.

7. How Do You Access, Correct, or Remove Your Information?

In General. You may contact us to request access to, correct, or remove any personal information that you have provided to us and/or our Partners. We may not accommodate a request to change information if we believe the change would violate any law or legal obligation or requirement or cause the information to be incorrect. Information that has already been de-identified and/or aggregated (including aggregated data set/s) may not be retrievable or traced back for correction or removal from any database.

9. How Do We Keep Your Information Secure?

We limit access to your information to our employees and contractors who we believe need access to it to provide Services to you or to do their jobs. In addition, we put in place industry standard physical, technical, and procedural safeguards designed to secure your Account Information, Self-Reported Information, and any other personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

Although we take reasonable precautions, the transmission of information via the internet cannot be guaranteed to be 100% secure. We continue to evaluate and identify improved security techniques to protect your personal information. However, we cannot guarantee that your information will not be accessed, altered or lost through a breach of any of our physical and electronic safeguards. We also cannot guarantee a Partner’s ability to secure and protect your information. You should review each Partner’s privacy policy and security practices with care before you access their product.

10. California Residents

This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your Personal Information, where we obtain the Personal Information, and the third parties with whom we may share your Personal Information. We do not generally sell information as the term “sell” is traditionally understood. However, if and to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those implemented specifically for interest-based advertising, we will comply with applicable law as to such activity.

We generally collect the following categories of Personal Information about you when you use our Site or services:

  • identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;
  • protected classifications, such as gender;
  • commercial information such as records of products or services purchased, obtained, or considered by you;
  • health information;
  • Internet or other electronic information regarding you browsing history, search history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
  • your geolocation, to the extent you have configured your device to permit us to collect such information
  • audio recordings of your voice to the extent you call us, as permitted under applicable law;
  • inferences about your preferences, characteristics, behavior and attitudes.

We collect your Personal Information for the business purposes described in this Privacy Policy. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.

The categories of third parties with whom we may share your Personal Information are listed in Section 5 above.

If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our network systems.

  • Right Against Discrimination - You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.
  • Right to Know - You have the right to request in writing: (i) a list of the categories of personal information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties' direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of personal information we have collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.
  • Right to Delete - You have the right to request us to delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions. To assert your right to know or your right to delete your Personal Information, please contact us according to the “Contact Information” section below. To verify your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
  • Right to Opt-Out of Selling. As described in this Privacy Policy, in certain situations we may share your Personal Information with our Partners, third parties or affiliates for our marketing or other purposes. To the extent such sharing is considered a “sale” under the CCPA, as a California resident you have the right to opt-out of such sharing. If you would like us to no longer share your Personal Information in this way, please email legal@Arcaea.com. If you opt-out, we may be unable to offer you some of our Services which require sharing of Personal Information. In addition, California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (if applicable). To make such a request, please send an email to us (see Contact Information below).

11. Questions or Comments

To ask questions or comment about this Privacy Policy and our privacy practices, you may contact us at legal@Arcaea.com.


© Copyright 2021 Arcaea.  All rights reserved.