Privacy Policy

 

I.  Scope of this Privacy Statement

 

This Privacy Statement describes the types of personal information LNHC, Inc. (“Pelthos,” “us,” “we” or “our”) collects through www.zelsuvmi.com, (the “Site”), and how we collect, use, and share that information.  This Privacy Statement does not govern our collection of personal information through any website or other means, other than through the Site.

By using the Site, you explicitly accept, without limitation or qualification, our practices surrounding the collection, use, and sharing of personal information provided by you in the manner described in this Privacy Statement. If you do not agree with the terms of this Privacy Statement, please do not access, browse, or use the Site.

 

II.  Personal Information We Collect

 

A. Information You Give Us

You do not have to give us any personal information to browse this Site.  However, you may be asked to provide personal information to submit or request information from us, or to use the services offered through this Site.  This information may include information such as your name, e-mail address, postal address, company affiliation, and areas of interest. Once you provide us with personal information about you, you are no longer anonymous to us.

 

B.  Automated Information Collection

We may collect certain information about your use of the Site through the use of tracking technologies or by other passive means. This “passively collected” information includes, but is not limited to, the domain name of the website that allowed you to navigate to the Site, search engines used, the internet protocol (IP) address used, the length of time spent on the Site, the pages you looked at on the Site, other websites you visited before and after visiting the Site, the type of internet browser you have, the frequency of your visits to the Site, and other relevant statistics, including the following:

• Log Information. When you access the Site, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, IP address, browser type, browser language, the date and time of your request, and one or more cookies (small text files containing a string of characters) that may uniquely identify your browser.
• Links. The Site may include links in a format that enables us to keep track of whether these links have been followed by IP addresses. We use this information to improve the quality of our products and design.
• Cookies. When you visit or access the Site, we send one or more cookies (small text files containing a string of characters) to your computer that uniquely identifies your browser. We use cookies to improve the quality of the Site by storing user preferences and tracking user trends. Most web browsers accept cookies automatically but can be configured not to do so or to notify the user when a cookie is being sent. If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies. Please note that if you disable cookies, you may not be able to use some customized features available through the Site.
• Web Beacons. Web beacons (also known as “pixel tags” or “clear GIFs”) are 1×1 single-pixel graphics that allow us to count the number of users who have visited or accessed the Site and to recognize users by accessing our cookies. We may employ web beacons to facilitate Site administration and navigation, to track the actions of users of the Site, to compile aggregate statistics about Site usage and response rates, and to provide an enhanced online experience for visitors to the Site.  We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened.

 

III. How We Use Personal Information

Personal information collected through the Site may be used by Pelthos and its affiliates for purposes of:

• Responding to your questions;
• Providing the information you request through this Site;
• Contacting you, whether by email, postal mail, or telephone with information about this Site or our services;
• For such purposes as you may authorize at the time you submit the information;
• Auditing, research, and analysis to maintain, protect, and improve this Site and our service;
• Creating a profile based on the information you have provided;
• Ensuring the technical functions of our network;
• Improving and customizing the content and layout of the Site;
• Developing new products and services; or
• Compiling personal information and other information collected through the Site on an aggregate basis

 

IV.  Personal Information We Share

We do not sell, rent, trade, or otherwise share personal information collected through the Site, except as described below:

• Subsidiaries and Affiliates.  We may share personal information with our subsidiaries and affiliates for the purposes for which you provided the information or as reasonably necessary for our internal administrative and business purposes.
• Service Providers.  We work with third parties that provide services on our behalf. Such services may include website hosting, marketing, and website usage analytics.  We may share personal information and non-personal information with these third parties for the purpose of enabling them to provide these services.
• Consent.  We may share personal information in accordance with any consent you provide.
• Required by Law. We may disclose personal information or any information collected through this Site if we are required to do so by law or pursuant to legal process, in response to a request from government officials or law enforcement authorities, or as necessary or appropriate in connection with an investigation of illegal activity.
• Certain Transactions. We may disclose or transfer personal information or any information collected through this Site to third parties who acquire all or a portion of Pelthos’s business, whether such acquisition is by way of merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

V.  Aggregate Information 

 We may compile personal information and other information collected through the Site on an aggregate basis. This information may include, without limitation, the number of users who have registered for the Site, demographic information about users of the Site, and individual purchase preferences.  Such aggregate information does not identify you individually. We may use aggregate information and share aggregate information with third parties for any of the purposes specified in this Privacy Statement, and for any other lawful purpose.

 

VI.  Your Choices

 

A.  Information You Provide

You can always choose whether or not to provide information on the Site.  However, if you choose not to disclose certain information, you may not be able to register as a user of the Site, which may limit your access to certain portions of the Site.

 

B.  Communications From Us

If at any time you decide that you no longer wish to receive notices from us regarding the Site, you may indicate this preference by contacting us at contact@pelthos.com.

 

VII. Information Storage and Security

 We employ reasonable security precautions to protect personal information about you. The Site is operated from a secure environment with integrated security measures to help protect against the loss, misuse, and alteration of personal information provided on or through the Site. However, no method of transmitting or storing data is completely secure. As a result, although we strive to protect personal information about you, we cannot guarantee the security of any information you transmit to us through or in connection with the Site. If you have reason to believe that personal information is no longer secure, please notify us immediately by contacting us in accordance with the last section below.

 

VIII. A Special Note about Children

Under Age 13

Pelthos understands the importance of protecting children's privacy in the interactive online world. The Site is not designed for, or intentionally targeted at, children under 13 years of age. It is not our policy to intentionally collect or maintain information about anyone under the age of 13.  No one under the age of 13 should submit any personal information to Pelthos or the Site.

Under Age 18

Minors under 18 years of age may have the personal information that they have provide to Pelthos through the Site deleted by sending an email to contact@pelthos.com requesting deletion.  Please note that, while we make reasonable efforts to comply with such requests, deletion of your personal information does not ensure complete and comprehensive removal of that data from all systems.

 

IX.  External Links

 The Site may contain links to various websites that Pelthos does not control.  When you click on one of these links, you will no longer be transacting business through the Site. Third party websites maintain their own privacy policies, and we do not exercise any control over any of the third party websites that may be linked to the Site. If you visit a website that is linked to the Site, you should consult that website’s privacy policy before providing any personal information. Please be aware that we are not responsible for the privacy practices of such other websites, and we are not liable for their misuse of personal information about you.

 

X.  State-Specific Privacy Notice

If you are a resident of California (including California business contacts), Colorado, Connecticut, Utah, or Virginia, the law in your state (collectively, the “State Privacy Laws”) provides you with the following rights with respect to your personal information:

Your California, Colorado, Connecticut, Utah, and Virginia Privacy Rights

• The right to know what personal information we have collected, used, disclosed, and sold about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom Pelthos discloses personal information, and the specific pieces of personal information Pelthos has collected about you.
• The right to obtain a copy of personal information we have obtained about you in a portable and, to the extent technically feasible, readily usable format.
• The right to correct inaccurate personal information about you, taking into account the nature of the personal information and the purposes of the processing.
• The right to request that we delete any personal information we have about you.
• If we deny your request, the right to appeal our decision.

In addition, and as set forth below, California law requires us to identify, for the 12-month period prior to the date of this Privacy Policy, what information we may have “sold” or “shared” about you. For the 12-month period prior to the date of this Privacy Policy, we have not sold or shared any personal information about our customers.  We do not use or disclose Sensitive Personal Information, as defined in applicable laws, for any purposes other than those permitted by applicable law.

Submitting Requests

If you are a resident of California, Colorado, Connecticut, Utah, or Virginia, you may submit your requests to opt out, correct, delete, and/or to know/obtain Personal Information we have collected about you by contacting us

via email at contact@pelthos.com

or by contacting 833-757-4630

We will respond to your request in compliance with the requirements of your state’s applicable laws.  Please note that we are only required to honor California requests to know twice in a 12-month period.

Verification of Your Identity

When you exercise these rights and submit a request to us, we will verify your identity by asking you to provide us with additional information such as your email address, order numbers of previous orders of our products and services, the last four digits of a credit or debit card used to make a purchase, or the date or your last purchase from us.  We also may use a third-party verification provider to verify your identity.

Appeal

Residents of Colorado, Connecticut, and Virginia may appeal a decision we have made regarding their requests by calling us at 833-757-4630 or by emailing us at contact@pelthos.com.  We will respond to appeals from Virginia and Connecticut residents within 60 days.  We will respond to appeals from Colorado residents within 45 days.

Non-Discrimination

If you make a request under your state privacy law, we will not discriminate against you in any way.  For example, we will not deny you discounts or other benefits or impose penalties on you or provide you with or suggest that you will receive a different level or quality of benefits or services.

Authorized Agents

You may permit an authorized agent to submit a request to know or to delete your personal information.  If we receive a request on your behalf, we will ask that person to give us proof that you gave that person written permission to make a request for you.  If that person does not provide us with written proof, we will deny their request so that we can protect your personal information.

Automated Decision-Making

We generally do not use automated decision-making technology, as that term is defined by State Privacy Laws. If we make use of automated decision-making technology, you will be informed through a separate privacy notice.

Record Retention

We may retain your personal information for as long as necessary to fulfill the purpose for which it was collected or to comply with legal or regulatory requirements. We strive to retain your personal information no longer than is reasonably necessary to carry out the purposes listed in this Privacy Policy or as required by law.  We retain your personal information following the end of your services or other business relationship in accordance with applicable law and our data retention and destruction policies.

Response to “Do Not Track” Signals

Some Internet browsers include the ability to transmit “Do Not Track” signals.  Since uniform standards for “Do Not Track” signals have not yet been adopted, Pelthos does not process or respond to “Do Not Track” signals.

 

XII. Special Admonitions for International Use

 The Site is hosted in the United States. All matters relating to the Site are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.

 

XIII. Updates to this Privacy Statement 

We may change or update the Site or any of our policies and procedures without prior notice. We will post a notice on this Site to advise you of any significant changes to this Privacy Statement and indicate via the “Effective Date” legend at the top of this Privacy Statement when it was most recently updated. Your continued use of the Site signifies your continued assent to the terms of this Privacy Statement, as updated or amended at that time.

 

XIV. Questions Regarding this Privacy Statement

If you have any questions or comments regarding this Privacy Statement, please send us an email at contact@pelthos.com

Terms of Use

 

1. Acceptance of Terms and Conditions

This Website Terms of Use Agreement governs your use of the website located at www.zelsuvmi.com (the “Site”) which is owned and operated by LNHC, Inc. (the “Company,” “we,” “us” or “our”).  By accessing, browsing or using the Site or any pages of the Site, you are indicating that you have read and acknowledge and agree to be bound by this Website Terms of Use Agreement and any additional terms and conditions applicable to certain areas of the Site and posted in those areas of the Site, which are incorporated herein by reference (collectively, “Terms and Conditions”), and the Company’s Website Privacy Statement located at Ptivacy Policy. If you do not agree to every provision of these Terms and Conditions and the Company’s Website Privacy Statement, please do not access, browse or use the Site.

These Terms and Conditions may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by posting the revised version of the Terms and Conditions on the Site.  You can determine when we last updated these Terms and Conditions by referring to the “Last Updated” legend at the bottom of these Terms and Conditions.  By accessing, browsing or using the Site following the posting of changes to these Terms and Conditions, you accept such changes.  You agree to use the Site for lawful purposes only in a manner consistent with any and all applicable rules, laws and regulations.  Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties.  We strongly recommend that you periodically visit this page of the Site to review these Terms and Conditions.

2. Site Content

The Site and all material on the Site or contained therein, all text, graphics, and other works on the Site, the Site’s design and coding, all computer programs used and licensed in connection with the Site, the look and feel of the Site, and all data and reports generated by the Site (collectively, the “Site Content”) are owned by us or a third party.  These materials are protected under copyright, trademark and other laws.  You may not copy, download, transmit, modify, distribute or republish the Site or any portion of the Site, including without limitation any of the Site Content without the prior written consent of Company.  You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Site or any Site Content.  Use of any Site Content is prohibited without the prior written permission of Company.  As long as you comply with these Terms and Conditions, Company grants you a personal, non-exclusive, non-transferable, non-sublicenseable right to access and make personal, non-commercial use of the Site in compliance with these Terms and Conditions.  You shall not, and shall not permit anyone else to, directly or indirectly: (i) remove or alter proprietary notices or labels on or in the Site or Site Content; (ii) engage in any activity that interferes with or disrupts the Site or Site Content; (iii) engage in any fraudulent activity or activity that facilitates fraud; or (iv) otherwise act in violation of these Terms and Conditions.  All rights not expressly granted herein are reserved.

3. Company Trademarks

All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol, including without limitation the following:

are registered and unregistered trademarks and service marks owned by Company or its subsidiaries or affiliates or a third party.  The absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that Company has established in any of its goods, services, names or logos.  These trademarks and all other trademarks, service marks, logos, and company names (each a “Mark”) used in connection with the Site are the property of Company or third parties and shall remain the property of Company and such third parties.  Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Company or such third party that may own such Mark.  Your misuse of any such Mark, or any other Site Content, is strictly prohibited.

4. Registration

Each registration is for a single user only.  In consideration of your use of the Site, you agree to provide accurate, current and complete information about yourself or your company as requested on the Site registration form and to maintain and promptly update the information (including, in particular, your e-mail address) you provide from time to time as necessary to keep the information true, accurate, current and complete.  By accepting these Terms and Conditions, you represent and warrant that you are 18 years of age or older and that, if you have accepted these Terms and Conditions on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so.

Any changes to your registration information should be made on the Site.  If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.

After you register on the Site, you may receive a password for your use of the Site.  You are responsible for keeping your password confidential.  You will be responsible for all uses and activity that occurs through your password or account.  You will close the browser window for the Site at the end of each use, and you will immediately notify us of any unauthorized use of your password.  We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

5. Legal Requirements

Where Company has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Company may disclose IP addresses, personal information, and any contents of the Site where it is legally compelled to do so.  Please see the Company’s Website Privacy Statement located at Ptivacy Policy for additional information relating to the privacy and security of information collected hereunder.

6. Your Use of the Site

You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Site.  In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site.  IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.

You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) use the Site to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personal information, including e-mail addresses, about other users of the Site; (c) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; (d) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site; (e) interfere with the Site or servers or networks used in connection with the Site; (f) interfere with the ability of others to use the Site; (g) copy, download, transmit,  modify, reproduce, sell, resell, sub-license, distribute, publish create derivative works of, reverse engineer, assign, transfer or exploit for any commercial purposes, any portion of the Site, the Site Content or any User Content contained therein; (h) conduct your business using the Site in a way that is unfair, unlawful, or constitutes a deceptive business practice; (i) use any robot, spider, or other automatic device to monitor or copy portions of the Site or the Site Content without Company’s prior written permission; (j) include in any thirty party website any hypertext link to any page or location within the Site without Company’s prior written permission; (k) mirror or display the Site or any portion thereof in frames without Company’s prior written permission; or (l) impersonate any person or entity, including, but not limited to, other users of the Site, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make.

You acknowledge and agree that Company may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms and Conditions; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Company, its customers or the public.  With respect to User Content that you Transmit to the Site, you grant Company a perpetual, worldwide, royalty-free, non-exclusive license to use, copy, excerpt, reproduce, display, publish, modify, distribute and create derivative works of such User Content in any form or media, and to allow others to do so, however, Company will only share personally identifiable information that you provide in accordance with Company’s privacy statement at Ptivacy Policy. As between the parties, we own all right, title, and interest in and to all intellectual property rights in all materials, products or services developed by us, or on behalf of us by third parties, based on or including as a component thereof any such information as described above, and all generalized knowledge, skill, know-how and expertise relating to such information.

Company does not and cannot review all User Content posted to the Site, or created by users accessing the Site, and is not in any manner responsible for the content of any User Content. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content or activities on the Site.  However, Company reserves the right to block, remove, move or edit any of the submissions in its sole discretion.

7. Linked Sites

Company has not reviewed all of the websites linked to the Site and is not responsible for the content of any third-party pages or any other websites linked to the Site.  Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Company.  Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites.  Company reserves the right not to link, or to remove the link, to a particular website at any time.  Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Company.  Company has no control over these linked websites and makes no representations or warranties with respect to these linked websites.  Your viewing and use of any third party websites is at your sole discretion and risk.

8. Special Admonitions for International Use

The Site is hosted in the United States and is intended for use by residents of the United States of America only.  All matters relating to the Site are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located.  If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.

9. Indemnification

You agree to defend, indemnify and hold harmless Company, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Site, any User Content that you Transmit to or through the Site, any violation of these Terms and Conditions by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site.

10. Availability and Features

Availability and features of the Site are subject to change without notice.

11. Termination

You acknowledge and agree that Company may terminate your access to use of the Site for any reason, including, without limitation, your violation of these Terms and Conditions.  You agree that Company may terminate your access to and use of the Site without prior notice and without any liability to you or any third party.  You acknowledge and agree that Company may modify, limit, suspend or discontinue the Site or any part of the Site at any time, without notice or liability to you.  Company may also, from time to time, establish general rules and policies regarding use of the Site.  Company will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site.  Company shall have no liability or responsibility with respect to any lost Site Content, User Content, or other data, such as the deletion of or failure to store Site Content, User Content, or other data.  All provisions of these Terms and Conditions that by their nature should survive termination of your right to access and use the Site shall survive (including, but not limited to, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).  Company reserves the right to, but has no obligation to, store or keep copies of any Site Content, User Content, or other information, unless otherwise required by law or court order.

12. Disclaimers and Limitation of Liability

THE MATERIAL FOUND ON THE SITE DOES NOT CONSTITUTE AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY ANY SECURITIES. ANY OFFERING WILL BE MADE ONLY BY MEANS OF APPROPRIATE MATERIALS THAT WILL CONTAIN DETAILED INFORMATION ABOUT THE SECURITIES TO BE OFFERED. NOTHING ON THE SITE SHOULD BE CONSTRUED AS A RECOMMENDATION THAT ANY PERSON ENGAGE IN ANY INVESTMENT OR AS LEGAL ACCOUNTING OR TAX ADVICE.

COMPANY’S PRODUCTS HAVE NOT BEEN APPROVED FOR ANY MEDICAL USE, TREATMENT OR INDICATION.  The content OF THE SITE is not intended in any way to be a substitute for professional medical advice and should not be interpreted as treatment recommendations.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Neither the content nor any other service offered by or through the site is intended to be relied on for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on the site.

COMPANY IS PROVIDING THE SITE AND ALL FEATURES OF THE SITE CONTENT ON AN “AS-IS,” “AS-AVAILABLE” BASIS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  COMPANY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AS TO THE OPERATION OF THE SITE.  COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER.  COMPANY ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, USEFULNESS, OR DECENCY OF THE SITE.  COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, OR LEGALITY OF THE SITE, AND COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.  ANY SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.

IN NO EVENT SHALL COMPANY, OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (“AFFILIATED ENTITIES”) BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RESULTING FROM (1) THE USE OF OR INABILITY TO USE THE SITE, ANY SERVICES, OR THE USER CONTENT; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY SERVICES AND/OR USER CONTENT; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) ANY OTHER MATTER RELATING TO THE SITE, ANY SERVICES, OR THE USER CONTENT.  YOU SPECIFICALLY AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT, OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.  THE MAXIMUM LIABILITY OF COMPANY AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO ACCESS AND USE THE SITE.  IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.

13. Governing Law and Jurisdiction

Company operates the Site from its offices in Durham, North Carolina, U.S.A.  These Terms and Conditions and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of North Carolina, U.S.A. without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State.  The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina, shall not apply.  The exclusive forum for the resolution of any dispute relating to these Terms and Conditions shall be the state and federal courts in Wake County, North Carolina, U.S.A., and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and Conditions and agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.

14. Notice  

All notices, demands, or consents given by you under these Terms and Conditions will be in writing and will be deemed given when delivered to Company at the following contact:

LNHC, Inc.
4020 Stirrup Creek Drive, Suite 110
Durham, North Carolina 27703
833-757-4630

Any notices to you may be made via either e-mail or postal mail to the address in Company’s records or via positing on the Site. Please report any violations of these Terms and Conditions to Company at the contact listed above.

15. Miscellaneous

You may not assign, sublicense or otherwise transfer any of your rights under these Terms and Conditions.  If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.  Headings in these Terms and Conditions are for convenience only and shall have no legal meaning or effect.  No action arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.  These Terms and Conditions, and not the conduct between us or any trade practice, shall control the interpretation of these Terms and Conditions between the parties respecting the Site.  Company’s failure to enforce a particular provision of these Terms and Conditions does not mean that Company waives the right to enforce it in the future; Company shall waive such a right only in writing.

These Terms and Conditions and all other written agreements duly executed between you and Company in connection with your use of the Site constitute the entire agreement between you and Company with respect to the subject matter hereof and supersede any prior or contemporaneous proposals, discussions, communications, or oral agreements heretofore made.

16. Procedure for Making Claims of Copyright Infringement

We expect users of the Site to respect the intellectual property rights of others.  If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below.

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Company’s copyright agent for notice of claims of copyright infringement can be reached as follows:

Legal Department
Attention Chief Legal Officer
LNHC, Inc.
4020 Stirrup Creek Drive, Suite 110
Durham, North Carolina 27703
833-757-4630

ZELSUVMI™ and the ZELSUVMI™ logo are the registered trademarks of LNHC, Inc.