Last Updated: Sep 12, 2024
The ULURU website (“Site”) and the ULURU platform (“Platform”) are operated by Elula, Inc. (“ULURU” “we,” and “our”). These terms of service (“Terms,”), which include our Privacy Policy, govern your use of our Site and Platform. By using our Site and Platform, you agree to these Terms. We may modify these Terms at any time by posting a revised version on our Site and Platform or, if we determine appropriate, by sending you an email or other notice. Please review these Terms from time to time because your continued use of our Site and Platform after modified Terms have been posted indicates your consent to the Terms.
Elula, Inc. Learning, Inc. knows 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 Policy describes our collection and use of personal information collected from you through the online and/or mobile services, websites, and software provided on or in connection with www.theuluru.com (collectively, the “Service”), which are offered through (i) www.theuluru.com, (ii) mobile applications associated with www.theuluru.com, and (iii) any other Elula, Inc. website, app or online service which links to this Privacy Policy. “You” or “your” means a visitor or a user (whether signed in or not) of our Service. Your use of the Service is conditioned on your acceptance of this Policy.
A note about Student Data: We consider such Student Data to be strictly confidential and in general do not use such data for any purpose other than improving and providing our Services to the families who chose to purchase a subscription to the platform. Our collection, use and sharing of Student Data is governed by any applicable laws and regulations including, in the U.S., provisions of the Family Educational Rights and Privacy Act (“FERPA”), the Children’s Online Privacy Protection Act (“COPPA”) and applicable state laws, including without limitation NY Ed Law 2-D, NYS Technology Law Section 208 and the NY Shield Act, and the Illinois Student Online Personal Protection Act (SOPPA). If you have any questions about reviewing, modifying, or deleting personal information of a student, please contact us directly. See Section 11 to understand the principles which guide our collection, use and disclosure of Student Data.
Elula, Inc. collects information in several ways from different parts of the Service.
Information you provide to us. The type of personal information we collect may vary depending on your account type. This information is used for users to obtain access to features on password protected areas of our site, such as the ULURU platform. The services and information provided through the platform are intended to be provided to individuals (e.g., families and their students) and not organizations.
Information we receive automatically from your use of our Service. Like most websites and online services, Elula, Inc. and our vendors automatically collect certain types of usage information when you visit www.theuluru.com, read our e-mails, use our Service or otherwise engage with us. This information is typically collected through a variety of tracking technologies, including cookies, web beacons, Locally Stored Objects (LSOs such as Flash or HTML5), log files, and similar technology (collectively, “tracking technologies”), and we may use third party providers to collect this information on our behalf. These tracking technologies collect information about how you access and use the Service (e.g., referring / exit pages and URLs, how frequently you access the Service, the pages you view, the links you click, and other actions you take on the Service); information about your browser and information about the device(s) you use to access the Service (e.g., Internet Protocol (IP address), browser type, browser language, Internet service provider, device type, model and manufacturer, a unique ID that allows us to uniquely identify your browser, device or account, operating system brand and model, and whether you access the Service from multiple devices). We may also collect information about your geographical location data at the city level. We may collect analytics data, or use third-party analytics tools, such as Google Analytics, to help us measure traffic and usage trends for the Service and to understand more about the demographics and behaviors of our users. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners. We may also work with third party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.
We use or may use the data collected through tracking technologies to secure the Service, improve the Service, to save you time, to provide better technical support, for promotional purposes, and to track website usage. For example, tracking technologies help us to:
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features and services (particularly those that require you to sign in) may not function properly if your cookies are disabled. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it. Deleting cookies does not prevent the collection of information through non-cookie technologies and does delete Local Storage Objects (LSOs) such as Flash objects and HTML5. You can learn more about Flash objects — including how to manage privacy and storage settings for Flash cookies — on Adobe’s website or by clicking here. If you choose to delete Flash objects from our sites, then you may not be able to access and use all or part of the sites or benefit from the information and services offered.
We and our third-party partners may also use cookies and tracking technologies for advertising purposes. For more information about tracking technologies, please see “Third-party tracking and online advertising” below.
We use the information we collect for the following purposes:
To provide and maintain the Service. We use the information we collect to deliver the Service to you. For example, we need to use your information to process payments, personalize learning curriculums, provide Schools, Parents and students with information and reports about student and child performance and use of the Service, respond to inquiries and provide customer support.
To improve, personalize, and develop the Service. We use information to tailor the content and information that we may send or display to users, to offer personalized content and instructions, and to otherwise personalize your experience while using the Service, including on various devices you may use to access the Service. We collect statistics to better understand how users access and use our Service, monitor the effectiveness of our Service, detect usage patterns, and to diagnose or fix technology problems. We also use information to demonstrate the effectiveness of the Service and perform research, and to develop, support, and improve our Service and other educational products and services.
To communicate with you. We use your information to provide transactional notifications for certain activities relating to your use of our Service. For example, we may send e-mail notifications when a user completes an activity, to provide receipt for payment or other subscription notices. From time to time, we may send periodic promotional or informational e-mails to School or Parent users. We do not use Student Data to send marketing communications, and we do not send marketing communications to student or child users. You may opt-out of certain communications (e.g., marketing or certain notifications about your use of the Service) by following the opt-out instructions contained in the e-mail. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).
To promote safety and security and respond to legal process. We use information to promote the safety and security of our Service, our uses and other third parties. For example, we may use the information to authenticate users, facilitate secure payments, detect and prevent fraud and other harmful activities, respond to legal requests or claims, and enforce our terms and policies.
Elula, Inc. may share or disclose your personal information as needed to provide our Service solely with your consent or permission. We may also share personal information in the circumstances described below.
Elula, Inc. does not display any targeted advertising on the Service.
If you do not want to receive targeted advertising from Elula, Inc. based on your visit to our website, you can use the below link to request that Elula, Inc. take steps to prevent third-party advertising networks from using information about your visit to our website to display targeted Elula, Inc. advertisements to you on other websites or services on behalf of Elula, Inc.. Elula, Inc. cannot, however, guarantee that such steps will eliminate all collection and/or display of targeted advertising, and it may take some time for your request to take effect. Such requests will not prevent you from receiving contextual advertising or other types of advertisements that are displayed without taking into consideration whether you have previously visited www.theuluru.com (for example, advertisements shown on the basis of a search term keyword). Such requests will not stop the collection of information for purposes other than advertising (e.g., for website analytics). This opt-out requires the setting of a cookie in your browser to record your request (and thus will no longer be effective if the required cookie is deleted), will be effective only in the browser from which you make the request, and will be effective for a maximum of one year from the request. If you delete cookies, change your browser settings, switch browsers or computers, or use another operating system, you will need to make the request again. You may make additional requests at any time.
Click here to request not to have information about your visit to www.theuluru.com tracked for the purpose of displaying targeted Elula, Inc. advertisements on other sites or services.
Elula, Inc. may, from time to time, send you e-mail regarding our products and services, or your use of our products and services. Only Elula, Inc. (or its vendors or service providers operating on its behalf) will send you these e-mails. You can choose not to receive these e-mails by clicking the unsubscribe link in any e-mail or by contacting hello@theuluru.com. Please note that you are not permitted to unsubscribe or opt-out of non-promotional messages regarding your account, such as account verification, changes or updates to features of the Service, or technical or security notices.
You may edit your account information at any time by signing in to your account, clicking on the account menu in the upper-right corner, and selecting Profile & settings. We recommend that you review your personal information periodically to ensure that it is accurate, complete, and current. If you do not provide and maintain accurate contact information for your account, we may not be able to provide you with the notices set forth in this Privacy Policy.
If you are a parent or guardian of a student who uses the Elula, Inc. Service through a School, please refer all questions and requests regarding access, modification, or deletion of your student’s user account or Student Data to your child’s school. The School may, at its discretion, address such requests with Elula, Inc. and Elula, Inc. shall respond promptly to all access, modification and deletion requests it receives from Schools.
Please contact compliance@Elula, Inc..com for further instructions about deleting or deactivating your account or deleting your personal information. We may not be able to comply with your request in all circumstances. For example, certain requests to access, update or delete personal information and data associated with a School account or license may be subject to approval by the School. When account information is deleted or de-identified, certain residual information may remain within our archive records, such as for customer and technical support, billing and tax purposes.
We will retain personal information for as long as needed to provide the Service and for our internal business purposes, which may extend beyond the termination or cancellation of your subscription or user account. For example, we may retain certain data as necessary to prevent fraud or future abuse, for recordkeeping or other legitimate business purposes, or if required by law. We may also retain and use information which has been de-identified or aggregated such that it can no longer reasonably identify a particular individual. All retained personal information will remain subject to the terms of this Privacy Policy.
Student Data. We will not knowingly retain Student Data beyond the time period required to support an educational purpose, unless authorized by a School or parent. We do not delete or de-identify any Student Data from an active student user account associated with a School except at the direction of the School. The School is responsible for maintaining current student rosters and identifying Student Data which the School no longer needs for an educational purpose by removing students from the school’s master roster or by submitting a deletion request.
Unless otherwise directed by a School or Parent, we will delete or de-identify personal information of student and child users after a period of inactivity, after the termination or cancellation of the license subscription, or after termination of our agreement with the School, in accordance with the terms of any applicable written agreement with the School, written requests from authorized School administrators, and our standard data retention schedule. Authorized School administrators may contact us at compliance@Elula, Inc..com to request additional information about our standard data retention schedule and available options for customizing Elula, Inc.’s standard data retention schedule to meet individual School requirements.
We may not be able to immediately or completely delete all data in all instances, such as information retained in technical support records, customer service records, backups, and other similar business records. We will not be required to delete any information which has been de-identified or disassociated with personal identifiers such that the remaining information cannot reasonably be used to identify a particular individual.
Information Security. The security of your personal information is very important to us. We have implemented a variety of physical, administrative and technological safeguards designed to preserve the integrity and security of the personal information we collect and to protect against unauthorized access to data. These include internal reviews of our data collection, storage, and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. We restrict access to personal information to Elula, Inc. employees, contractors, and agents who need to know that information in order to operate, develop, or improve our services. Our employees may be subject to disciplinary action, including termination, if they fail to meet privacy and confidentiality obligations. However, no security system is impenetrable—for that reason, we cannot guarantee the security of your personal information. If personal information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and take all steps required by applicable laws and regulations and our agreements with any affected Schools.
Maintaining the security of your personal information also requires your cooperation and involvement. For your protection, remember to sign out of all accounts before closing your browser. There is a sign out link available on most Elula, Inc. pages. After signing out, make sure to close all browser windows. In addition, do not use the “Remember” feature if you are signing in to your account from a computer that other persons may have access to. This is to ensure that others cannot access your personal information if you share a computer with someone else or are using a public computer.
Please keep your password secure. If you have forgotten your password, you may request a new one by contacting hello@theuluru.com. A new password will be sent to the e-mail address you specified during registration. For all other problems signing in to the ULURU Service, please contact our technical support team using the contact information at the end of this policy.
If you have any concerns about the security of your account or the security of the Service, we ask that you report your concern to us immediately at dev@theuluru.com. While we are unable to respond directly to all security concerns, we appreciate your feedback and take all reported concerns seriously.
Data storage and transfer. Elula, Inc. is located in the United States. Personal information collected through our Website and Service may be stored and processed in the United States or any other country in which Elula, Inc. or its affiliates or service providers maintain facilities.
We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you.
Notice for California Residents
This section applies to you if you are a resident of the state of California and for purposes of this section the term “personal information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”). Please note this section does not apply to Student Data that we process on behalf of our School customers.
Residents of California may be entitled to certain rights with respect to personal information that we have collected about them under the CCPA:
You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you the Service or engage with you in the same manner.
To request to exercise your right to know and/or right to deletion, please submit a request by emailing dev@theuluru.com with the subject line, “California Rights Request.” We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account, if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.
We do not “sell” personal information to third parties without consent.
Please see the section called “Third-party tracking and online advertising” for more information about how third parties use cookies and related technologies to collect information automatically on our websites and other online services, and the choices you may have in relation to those activities.
Notice for Residents in the European Economic Area (“EEA”) Residents
For personal information subject to the European Union General Data Processing Regulation (“GDPR”), we rely on several legal bases to process the data. These legal bases include where:
If you have any questions about or would like further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided below in Section 14.
Residents in the EEA are entitled to certain rights with respect to personal information that we hold about them under the GDPR:
Elula, Inc. does not permit children under the age of 13 to create an account and does not knowingly collect personally identifying information from children under the age of 13 without the consent and at the direction of a Parent. Please contact us at dev@theuluru.com if you believe we have inadvertently collected information from a child under 13 without parental consent so that we may delete the information as soon as possible.
Parents who purchase a subscription to the Elula, Inc. Service may set up a Child profile associated with the Parent’s account so that children under 13 may access the Service under the Parent’s supervision. Please see our Elula, Inc. Privacy Policy to learn more about how Elula, Inc. collects, uses and shares information associated with Child profiles. The Children’s Privacy Policy applies to all users of Child profiles, regardless of the age of the Child.
When Elula, Inc. provides the Service to families, our collection, use and disclosure of Student Data is governed by our Terms of Service and/or any other agreement with the School, by the provisions of the Family Educational Rights and Privacy Act (“FERPA”), the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws that may relate to the collection and use of personal information of students. If you have any questions about our collection and use of Student Data, please contact us at dev@theuluru.com.
The Student Privacy Pledge (“The Pledge”). Elula, Inc. adheres to the Student Privacy Pledge, an industry standard approach to privacy for K-12 service providers. The Pledge was created by the Future of Privacy Forum (FPF) and The Software & Information Industry Association (SIIA) and has been endorsed by the National School Boards Association (NSBA), the National Parent-Teacher Association (PTA), and the White House.
As part of our commitment to The Pledge, when we have access to Student Data through the provision of our Services to a School, the following core principles guide our decisions around data, security, and technology:
The Family Educational Rights and Privacy Act (“FERPA”). This Privacy Policy and our Service are designed to meet our responsibilities to protect personal information from the students’ educational records under FERPA. We agree to work with each School to jointly ensure compliance with the FERPA regulations.
The Children’s Online Privacy Protection Act (“COPPA”). This Privacy Policy and our Service are designed to comply with COPPA. We do not knowingly collect personal information from a child under 13 unless and until a School has authorized us to collect such information through the provision of the Service on the School’s behalf. When a School uses our Service in the classroom or in an educational context, we rely on the School to provide appropriate consent and authorization for a student under 13 to use the Service and for Elula, Inc. to collect personal information from such student, as permitted by COPPA. Upon request, we will provide the School the opportunity to review and delete the personal information collected from their students. If you are a parent and you have questions about your child’s use of our Service and any information collected, you should discuss your questions with your child’s School.
Students Online Personal Information Protection Act (“SOPIPA”). This Privacy Policy and our Service are designed to comply with SOPIPA. We do not use Student Data for targeted advertising purposes. We do not use collected information to amass a profile of a K-12 student except in furtherance of K-12 school purposes. We never sell Student Data unless the sale is part of a corporate transaction, such as a merger, acquisition, bankruptcy, or other sale of assets, in which case we make efforts to ensure the successor entity honors the privacy commitments made in this policy and/or we will notify you of such a sale and provide you an opportunity to opt-out by deleting your account before the data transfer occurs. We will not sell students’ personal information to third parties other than in the context of a business transaction.
California Assembly Bill 1584 (“AB 1584”). This Privacy Policy and our Service are designed to comply with AB 1584. Pupil records obtained by Elula, Inc. from a local educational agency (“LEA”) continue to be the property of and under the control of the LEA. Parents, legal guardians, or eligible pupils may review personally identifiable information in the pupil’s records and correct erroneous information by contacting their LEA directly. In the event of an unauthorized disclosure of a pupil’s records, Elula, Inc. will notify the LEA and will provide the LEA with a report to be shared with the affected parent(s), legal guardians(s) or eligible pupil(s). Pupil records will be deleted and/or de-identified in accordance with our data retention and deletion policies described above in the section “How long does Elula, Inc. retain your information.”
The Services may contain links to and from third-party websites of our business partners, advertisers, and social media sites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and their practices are not covered by this Privacy Policy. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third-party sites.
Elula, Inc. may, in its sole discretion, modify or update this Policy from time to time, which will be reflected in the ‘Last Updated’ date set forth at the beginning of this Policy. If we change this Policy in a material manner, we will do our best to notify you of the changes by posting a notice on our website or through other appropriate communication channels. Your continued use of the Services following the effective date of such update constitutes your acceptance of the revised Policy. If you do not agree to any of the terms in this Policy or to any future terms in a future revision of this Policy, do not use or access (or continue to access) the Service.
We will not make any material changes to our Privacy Policy or Terms of Service that would result in Student Data being used in a materially different manner than was disclosed when the information was collected without first giving notice to applicable Schools and providing a choice before such Student Data is used in a materially different manner than was disclosed when the information was collected.
In the event that you or your School has entered into a signed, written agreement with Elula, Inc., changes to this Policy may not be effective as to you until either (a) you or your School affirmatively accepts the changes to this Policy, either electronically or in a signed writing or (b) upon renewal of the School’s agreement with Elula, Inc. at the end of the current term.
If you have a question regarding this statement, or if a question was not addressed in this privacy policy, you may contact technical support using the contact information below. We will do our best to answer your question promptly and accurately.
You may freely access the public areas of our Site. You may contact us through our Contact form, take our initial screening or participate in other activities we offer on our Site. To obtain access to features on password protected areas of our Site, such as the ULURU Platform, you will need to register by creating an account on our Site and, where required, to sign applicable forms or agreements. The services and information provided through the Platform are intended to be provided to individuals and not to organizations, so please do not sign up or register for our Platform on behalf of an organization.
Our Site and Platform are intended to empower parents and families to navigate the educational landscape by helping students understand the process of learning with cognitive principles. Anyone who accesses an account is bound by all terms and conditions applicable to the account.
You are responsible for all activity under your account. You must keep your username and password confidential, and you may not give any person who has not been authorized in accordance with our policies and procedures access to your account. Please notify us immediately if you become aware that anyone has obtained or attempted to obtain unauthorized access to your account. You represent and warrant that all information you provide on our Site, Platform and as part of your account profile is accurate and complete. We reserve the right, in our sole discretion, to suspend or terminate access to an account, the Platform and to our Site at any time if we suspect non-compliance with these Terms or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect any person is using or attempting to use our Site or Platform in any way that violates these Terms, our policies and procedures or any applicable law or regulation.
Unless you notify us immediately about any security breach concerning your username and password, we will assume that all instructions and information entered using your username and password have been authorized by you, and we will have no obligation to inquire about instructions and no responsibility or liability to you or to any other person for any claims regarding use of your username or password. Accordingly, you should take steps to protect the confidentiality of your username and password and you accept full responsibility for the monitoring of your account. Nevertheless, if we suspect that someone has accessed an account without being authorized in accordance with our policies and procedures (even if done with an account holder’s permission), we reserve the right to deny access or decline recommendations or other instructions and you agree to cooperate with us in any investigation and take corrective measures to protect your account from further fraudulent activity.
Additional agreements, such as our Subscription Agreement, terms, conditions, policies and rules (“Additional Terms”) may be provided specifically for certain services on our Site and Platform. Subject to applicable law, the Additional Terms will apply to those services as well as these Terms, although if any terms conflict, the Additional Terms will prevail unless expressly stated otherwise.
You may have access to a beta version of the Platform for free. After completion of the beta phase, your use of the Platform may require you to pay fees by purchasing a subscription through the Site, which will be subject to the terms and conditions of our Subscription Agreement. We reserve the right to determine pricing for the Platform in our sole discretion.
You agree not to use our Site or Platform for any purpose that is unlawful or prohibited by these Terms, including attempting to or actually: (i) undertaking or encouraging conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any local, state, Federal or international law or regulation; (ii) interfering with the operation or integrity of the Site or Platform or circumventing any Site or Platform security; (iii) imposing an unreasonable load on the Site’s or Platform’s infrastructure or infecting them with viruses, worms or other malicious elements; (iv) accessing any restricted areas of the Site or Platform without appropriate authorization in accordance with our policies and procedures or for which we have revoked your access; (v) collecting or scraping data about other users or harvesting data from the Site or Platform using robots, spiders, scripts, software or any manual or automatic device, tool or process to populate databases or collect Content (defined below), data or information for any purpose; (vi) providing false or misleading information including impersonating any person or entity; (vii) “deep linking,” “framing” or “mirroring” any Content; (viii) using the Content or any user data for the development of any software program, database, model, algorithm or generative artificial intelligence (“AI”) tool, including but not limited to training, fine tuning or otherwise using the Content or user data in connection with the development or operation of a machine learning or AI system; (ix) using the Site or the Platform to promote or advertise products or services or for other commercial purposes; or (x) uploading any unlawful, defamatory, obscene, pornographic, vulgar, threatening, misleading or false information or material that infringes any intellectual property or other right of any third party or that constitutes unsolicited advertising or other forms of solicitation such as “spam,” “junk mail” or “pyramid schemes.”
Content on our Site and Platform (together “Content”) is protected by copyright. Except as expressly indicated otherwise in these Terms or on our Site or Platform, you may download Content solely for your limited, personal, non-commercial use as long as you do not alter the Content or remove any trademark, copyright or other notices displayed on the Content. Aside from expressly permitted uses, you may not reproduce, distribute, create derivative works of, publicly display or perform the Content in any manner, or for any other purpose, without our prior written consent in each case. If you would like to use Content for any other purpose, please send your request to hello@theuluru.com.
Our name and our trademarks and service marks, including ULURU and the ULURU logo, and all other marks, logos, slogans, and other indicia of source (collectively, “Our Trademarks”) are owned by ULURU. You may not use Our Trademarks without our prior written consent in each case, including in any manner that implies that we sponsor, endorse or are otherwise the source of or affiliated or connected with a product, service, entity or activity or that would be likely to cause confusion among the public. For example, you may not use Our Trademarks without our consent in a manner that creates the mistaken belief that we have authorized or licensed such use. Unless you have obtained our prior written consent in each case, you may not use metatags or any other “hidden text” that incorporates Our Trademarks, or words confusingly similar to Our Trademarks.
Our Site and Platform may include links to web sites controlled and maintained by third parties (“Third-Party Sites”). We are not responsible for Third-Party Sites and providing links to Third-Party Sites does not mean we endorse any Third-Party Site’s content, activities, policies or practices. Any information you share with or actions you take on Third-Party Sites are governed by the applicable Third-Party Sites terms of use and privacy notices, which you should review carefully.
OUR SITE, PLATFORM, SERVICES AND CONTENT ARE OFFERED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US) AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY SERVICES, CONTENT OR INFORMATION AVAILABLE THROUGH OUR SITE OR PLATFORM (OR THROUGH LINKS TO THIRD-PARTY SITES), INCLUDING THAT OUR SITE, PLATFORM, SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OTHER ISSUES CONCERNING OUR SITE, PLATFORM, SERVICES AND CONTENT. IF YOU RELY ON OUR SITE, PLATFORM, SERVICES OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS OR OTHER HARMFUL ELEMENTS TO OUR SITE AND PLATFORM, WE DO NOT WARRANT THAT OUR SITE, PLATFORM, SERVICES OR CONTENT WILL BE FREE FROM SUCH ELEMENTS AND ULURU IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR CREATING, UPDATING AND STORING ANY NECESSARY BACKUP AND ARCHIVAL COPIES OF DATA AND ACCOUNT INFORMATION AS MAY BE NEEDED IN CASE OF ANY COMPUTER NETWORK OR OTHER SYSTEM FAILURE.
ULURU is not a licensed medical care provider. By providing you the Site, Platform and the services, tools and information available through it, ULURU is not providing medical advice, treatment or a diagnosis and use of the foregoing is not intended as a substitute for professional medical care. Any written material provided by ULURU is for informational purposes only and is not intended to replace the relationship between you and your physician or other healthcare professional.
You are solely responsible for your use of the Site, Platform, and the services, tools and information available through it and for your health and medical care (as well as the health and medical care of any user of the foregoing for whom you are the parent or legal guardian). You knowingly and willingly assume all risks associated with such use and hereby release ULURU from any claim of any nature, known or unknown, that you may ever have arising from your use and you waive all rights and benefits under California Civil Code Section 1542, which states that “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party” as well as the benefits under similar laws in other states.
ULURU AND ITS DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, DAMAGE, LIABILITY OR INJURY ARISING FROM YOUR USE OF OUR SITE, PLATFORM, SERVICES, CONTENT OR INFORMATION AVAILABLE THROUGH IT (INCLUDING WITHOUT LIMITATION PERSONAL INJURY/WRONGFUL DEATH) OR FROM YOUR BREACH OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL ULURU OR ITS DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OF THE FOREGOING OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY DIRECT OR OTHER DAMAGES OF ANY NATURE ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, ANY OF THE FOREGOING IS $US 100. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold ULURU and its directors, trustees, officers, employees and agents (the “indemnified parties”) harmless against all liabilities, losses, damages and costs (including reasonable attorneys’ fees) that any of the indemnified parties may incur arising out of or related to your use of our Site, Platform, services, content or information available through them or your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.
We reserve the right to terminate these Terms, our Site, Platform, and any services, content or information offered through them at any time without notice for any reason. The “Disclaimers,” “Limitation of Liability,” “No Medical Advice; Assumption of Risk and Release,” “Indemnification” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) will survive any termination.
These Terms, which include the Privacy Policy and, as applicable, Additional Terms, are the complete agreement between you and ULURU regarding your use of our Site and Platform and supersede all other agreements (oral or written) between you and ULURU. These Terms are governed by and should be construed according to the laws of the State of New York applicable to agreements made and performed in New York, unless doing so would lead to the application of the laws of another jurisdiction. If you choose to access our Site and Platform from jurisdictions other than the United States, you do so at your own risk, and you are responsible for complying with applicable local laws. You irrevocably hereby agree: (A) to bring any claim or dispute relating to your use of our Site, Platform and these Terms exclusively in the state and federal courts located in the State and County of New York; (B) to submit to the exclusive jurisdiction of those courts; and (C) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without our prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law. The failure of a party to assert any right under these Terms will not be considered a waiver of that party’s right unless the waiver is in writing. The term “including” in these Terms is intended to be illustrative and means “including without limitation.”
Please contact us at hello@theuluru.com with any questions you may have about these Terms.
Last updated: September 12
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