Welcome to somaceutica.com and our affiliated sites (collectively, the “Site”).
Somaceutica, Inc. (“Somaceutica”, “we”, “us” or “our”) provides the content and services available on the Site to you subject to the following Terms and Conditions, our Privacy Policy and other terms, policies and guidelines which you may find throughout the Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these Site Terms (collectively, the “Site Terms”).

PLEASE READ THESE SITE TERMS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS SITE.

Privacy

Please review our so that you may understand our privacy practices. If any conflict exists between the Site Terms and our Privacy Policy, the Site Terms will prevail. You may not use this Site if you are under the age of 13. Our Site is a general audience site that is not designed nor intended for children under the age of 13. Somaceutica is a healthy living lifestyle company that produces anti-aging and revitalizing skincare products that aims to rejuvenate and moisturize skin using new technologies and best practices.

Somaceutica, Inc. respects the privacy of visitors to our site. Our online Privacy Policy tells you about the information we collect on our websites, how we use that information, how you can opt out of certain uses of information we may collect, how you may reach us to update your information as well as the measures we take to protect the security of this information.

Information We Collect
We collect several types of information on our Site. We receive and store any information you enter on our website. For example, if you decide to complete an online survey or complete a user registration form, you may be asked to provide certain information such as your contact information (name, email address, mailing address, and telephone number), age group, gender and product and/or cosmetic concerns, and the brands and products you use. If you would prefer that we not collect any personal information from you, please do not provide us with any such information.

We collect “Personal Information”, which generally speaking is information that can be used to identify you individually. We also collect “Non-personal Information”, which is information about you that does not itself identify you individually. We also collect “Aggregate Information”, which is information about use of our Site, such as pages visited on our Site. The information we collect depends on what services and features you use on our Site. The following details the types of information we collect and how we use it.

Children
Our Site is a general audience site that is not designed nor intended to collect Personal Information from children under the age of 13. Children under the age of 13 are not permitted to use our Site. We will not knowingly collect information from children under age 13. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on the Site, we will delete the information from our records.

Use of Personal Information by Somaceutica.com Responding to Your Requests
We will use Personal Information to respond to your requests or provide you with announcements by any means, including email. For example, if you register with the Site, we may send you correspondence related to your registration. These types of communications are necessary to serve you, respond to your concerns and to provide the high level of customer service that Somaceutica offers its customers.

Marketing Emails
If you so elect when providing us with your Personal Information, we may use your Personal Information to provide you with emails, mailings or phone calls concerning our products and event information, newsletters, surveys, customized information for you and other information related to our business. We may also use your Personal Information for the marketing and/or promotion of our products or services. If you do not want to have your Personal Information used for these purposes, do not provide us with your Personal Information. If you wish for us to delete your Personal Information from our records, send us an email at with the subject line of the email stating “Personal Information” and advise us of the Personal Information that you want removed from our records, e.g. name, address, email address, etc. Upon receipt of this email from you, we will delete your Personal Information from our records.

Internal Analysis
We may use Personal Information about you for our own internal statistical, design, operational purposes such as to estimate our audience size, measure aggregate traffic patterns, and understand demographic, customer interest, purchasing and other trends among our visitors and customers.

Use of Non-personal Information and Aggregate Information
We collect Non-personal Information and Aggregate Information about you and your use of our Site whenever you visit us online. For instance, we may collect various forms of “click stream” information such as entry and exit points for our Site (i.e., referring URLs or domains), site traffic statistics, page views, impressions, and operating system and browser type. In addition, when users request pages on our Site, our servers automatically log their IP addresses. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet.

This Non-personal Information and Aggregate Information generally will not personally identify you or be correlated to you individually. We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all Non-personal Information and Aggregate Information, provided that, such information does not personally identify you. When we share such information with other companies, it is not traceable to any particular user, and will not be used to contact you. If we do correlate any Non-personal Information or Aggregate Information to you, such information will be treated like any other Personal Information under this Privacy Policy.

Cookies
We may make use of “cookies” on our Site. Cookies are small text files that are stored on a user’s computer by a web server based on the permissions set in a user’s browser software. We may use cookies to allow us to automate access and data entry functions of our Site such as to correlate information for interactions you may have while at the Site (if any), tailor the Site to your preferences or interests, or customize promotions or marketing. In addition, cookies allow us to track use of the Site to determine those areas which are useful or popular and those that are not thereby enabling us to improve and update the Site effectively. You may adjust your web browsers to either alert you of the use of cookies or refuse to accept cookies entirely. Be aware that if you elect not to accept cookies, the Site may not function properly or permit access.

Information We Share
We respect your Personal Information and we are not in the business of selling it to others. We share Personal Information, Non-personal Information and Aggregate Information with third parties as described below.

Third Parties
We employ other companies and individuals to perform functions on our behalf. Examples include providing marketing assistance, fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, processing credit card payments, and providing customer service. These third parties have access to Personal Information needed to perform their functions, but they may use this information only in accordance with this Privacy Policy.

In addition, in some instances, you may be offered the opportunity to consent to the sharing of your information with a third party such as an event or promotion co-sponsor. If you consent, we will share your information with such third party and the information you provide may be used by such third party for their own purposes and in accordance with their own policies.

Company Sale
Information collected through our Site is considered our trade secret or proprietary information. As the owner of such information, we may disclose or sell such information, including Personal Information, as an asset of the company in conjunction with the sale to a third party of our company or a portion of our assets. By submitting your Personal information on the Site you agree that Personal Information, Non-personal Information and Aggregate Data involving your visit to our Site may be transferred to such parties in these circumstances. You may choose not to have your information transferred as a business asset by contacting us as at.

Legal Requirement
We may disclose Personal Information, Non-personal Information and Aggregate Information (a) to comply with the law, cooperate and respond to requests and claims or comply with legal process served on us (e.g., a lawful subpoena, warrant or court order), (b) to enforce or apply our Site Terms, policies or agreements (including to initiate, render, bill, and collect for amounts owed to us), (c) to protect and defend our or our user’s rights or property, the Site, our employees, visitors or the public, (including protecting and defending from fraudulent, abusive, or unlawful use of the Site), or (d) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires or justifies disclosure without delay.

Links to Other Sites
Please be aware that we may provide links to third-party websites as a service to our visitors, and that we are not responsible for the content or information collection practices of those pages. Please note that these websites’ privacy policies may differ from those of Somaceutica. We encourage you to review and understand the privacy practices at third party sites before providing them with information.

How We Protect Personal Information
We use commercially reasonable efforts to store, maintain and secure Personal Information to protect it from loss, misuse, alternation or destruction by any unauthorized party. If you have any questions about security at our Site, you can send an email to.

Because the Internet is a public and open facility, no security measures can guarantee complete confidentiality under all circumstances. To help preserve your confidentiality, you are responsible for maintaining the confidentiality of any user name and password for the Site. This Privacy Policy does not create any contractual or legal rights on your behalf.

Managing Your Preferences
You may change or delete your privacy preferences on the Site and from email communications by sending us an email to with the subject line of the email stating “Privacy Preferences.” You may use the unsubscribe link contained in an email to change your preferences with respect to email.

Comments
We have taken great measures to ensure that your visit to our Site is an excellent one and that your privacy is constantly respected. If you have any questions, comments or concerns about our privacy practices, please contact us by email at info@somaceutica.com.

Accuracy of Information

We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

Products and Services for Personal Use

The products and services available on the Site, and any samples that we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Site Terms.

Intellectual Property

All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Site Content”) is the property of SomaCeutica, its affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.

Limited License

Subject to the terms, conditions and restrictions set forth in these Site Terms, we grant you a limited, non-exclusive, non-sublicensable and revocable license to access and use the Site and to view, copy and print portions of the Site Content for you own personal use (the “License”). The License is specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) any displays or printouts of Site Content must be marked “Copyright 2019, SomaCeutica, LLC and its licensors. All rights reserved.”; (iv) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Site Content; (v) you may not use any data mining, robots or similar data gathering or extraction methods or take any action that may impose an unreasonable burden or load on our infrastructure; (vi) you may not use the Site or the Site Content other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (other than for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of SomaCeutica is strictly prohibited and will terminate the License without prejudice to any other remedy provided by applicable law or these Site Terms.

Your unauthorized use of the Site or Site Content may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly stated in these Site Terms, you are not conveyed or granted, and nothing on the Site may be construed as conveying or granting any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or other intellectual or proprietary right of SomaCeutica or any third party. You expressly agree to indemnify, defend and hold harmless SomaCeutica against any liability to any person arising out of your use of the Site or Site Content or breach of the Site Terms.

Hyperlinks

You are granted a limited, non-exclusive, personal, non-sublicensable and revocable right to create a text hyperlink to the home page of the Site for non-commercial purposes, provided that (i) such link does not portray SomaCeutica or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, (ii) the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable, or associates us with undesirable products, services or opinions, (iii) such link or the linking site do not imply that we are endorsing that site or its services or products, (iv) such link does not misrepresent its relationship with us. You may not use a SomaCeutica logo or other proprietary graphic of SomaCeutica to link to the Site without the express written permission of SomaCeutica. Further, you may not use, frame or utilize framing techniques to enclose any SomaCeutica trademark, logo or other proprietary information, including the images found at the Site, the content of any text, or the layout or design of any page or form contained on a page on the Site without SomaCeutica’s express written permission.

The Site may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content, at your own risk. SomaCeutica does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site. You should review applicable terms and policies, including privacy policies and data gathering practices, of any Third-Party Site, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Your Account

You may choose to register at our Site if you are 13 years of age or older. We reserve the right to limit participation in certain portions of the Site, particular programs or promotions to visitors 18 years of age or older. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep it accurate, current and complete; and (d) accept all risks of and responsibility for unauthorized access to the Registration Data and any other information you provide to us. We reserve the right to refuse service and/or terminate accounts without prior notice if these Site Terms are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.

User Content

When you transmit, upload, post, e-mail or otherwise make available text, graphics, images, or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. You expressly agree not to post, upload, distribute, store, create, submit or transmit to, through, or otherwise publish through the Site any User Content that: (a) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, foreign, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any applicable rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or NASDAQ; (c) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) is unsolicited promotions, political campaigning, advertising or solicitations, or any form of “spam”; (f) is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers and the like; (g) is or contains viruses, corrupted data or other harmful, disruptive or destructive files; (h) is unrelated to the topic of the Site; or (i) is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose SOMACEUTICA or its affiliates or its users to any harm or liability of any type.

SomaCeutica takes no responsibility and will not be liable for User Content and any other content provided by third parties, or for any loss or damage thereto. SomaCeutica is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter at the Site. SomaCeutica is not liable for any statements, representations or User Content and does not guarantee the accuracy, integrity or quality of User Content. SomaCeutica reserves the right to remove, without notice, any User Content posted or stored on the Site if it violates these Site Terms or is otherwise unlawful or illegal.

Any violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Site.

Rights to User Content

By posting or distributing User Content, unless we indicate otherwise, you (a) grant SOMACEUTICA and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised; (b) grant SOMACEUTICA and its affiliates and sublicensees the right to use the name that you submit in connection with your User Content, if they choose to do so; and (c) represent and warrant that (i) you own and control all of the rights to your User Content, or you otherwise have the lawful right to post, upload, distribute, store, create, submit or transmit to, through, or otherwise publish User Content on the Site; (ii) your User Content is accurate and not misleading; and (iii) posting, uploading, distributing, storing, creating, submitting or transmitting your User Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant SOMACEUTICA the right to pursue at law or in equity any person or entity that violates your or SOMACEUTICA’s rights in User Content by a breach of these Site Terms.
Your User Content and all content submitted by users will be considered and treated as non-confidential and non-proprietary and SOMACEUTICA is under no obligation to treat your User Content and any other user content as proprietary information. SOMACEUTICA reserves the right to use User Content as it deems appropriate in its sole and absolute discretion, including for developing, manufacturing and marketing our products and services. SOMACEUTICA is under no obligation to offer you any payment for your User Content that you submit or the opportunity to edit, delete or otherwise modify your User Content once it has been submitted to us. SOMACEUTICA will have no duty to attribute authorship of your User Content to you.

If it is determined by a court of competent jurisdiction that you retain moral rights (including rights of attribution or integrity) in your User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with your User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your User Content by SOMACEUTICA or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your User Content; and (d) you forever release SOMACEUTICA, and its licensees, successors and assigns, from any claims that you could otherwise assert against SOMACEUTICA by virtue of any such moral rights.

Copyright Complaints

We respect the intellectual property of others. If you believe that material posted on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another website that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: Director of Content
Full Address of Designated Agent to Whom Notification Should be Sent:
225 Chimney Corner Lane
Suite 2021
Jupiter, FL 33458, USA
Telephone Number of Designated Agent: 866-276-1870
Email Address of Designated Agent: andi@SomaCeutica.com

Any notification must include the following information:
1. Identity of the copyrighted work that you claim has been infringed, or, if multiple works, a representative list of the copyrighted works that you claim have been infringed
2. Identification of the material that you claim is infringing and where it is located on the Site.
3. Your street or mailing address, telephone number and email address.
4. A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or are authorized to act on the copyright owner’s behalf.
6. Electronic or physical signature of the copyright owner or of a person authorized to act on the copyright owner’s behalf.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records. We may also publicly post any claim of copyright infringement.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, SOMACEUTICA has adopted a policy of terminating, in appropriate circumstances and at SOMACEUTICA’s sole discretion, users who are deemed to be repeat infringers. SOMACEUTICA may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Warranty Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SOMACEUTICA, THE SITE, THE SITE CONTENT, USER CONTENT, THE MATERIALS CONTAINED THEREIN, THE PRODUCTS AND THE SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SOMACEUTICA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE PRODUCTS, SERVICES, INFORMATION, SITE CONTENT, CONTENT AND MATERIALS ON THE SITE. SOMACEUTICA DOES NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, USER CONTENT, MATERIALS IN THE SITE, THE PRODUCTS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT, USER CONTENT OR ANY PORTION THEREOF. SOMACEUTICA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO SITE CONTENT, PRICING, TEXT OR PHOTOGRAPHY. WHILE SOMACEUTICA ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE, THE SITE CONTENT, THE PRODUCTS AND THE SERVICES SAFE, SOMACEUTICA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

Limitation of Liability

YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST SOMACEUTICA, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, ATTORNEYS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE SITE CONTENT, THE PRODUCTS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT SOMACEUTICA HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.

WITHOUT LIMITATION OF THE FOREGOING, NEITHER SOMACEUTICA NOR ANY PARTIES PROVIDING SITE CONTENT WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE PRODUCTS, THE SERVICES, THE SITE CONTENT, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM SOMACEUTICA OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SOMACEUTICA’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOMACEUTICA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE GREATER OF FIFTY UNITED STATES DOLLARS OR ANY COMPENSATION YOU PAY, IF ANY, TO SOMACEUTICA FOR ACCESS TO OR USE OF THE SITE.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE SITE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

Disputes

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Site Terms shall be governed by the laws of New York, without regard to its conflicts of law principles, as if the Site Terms were a contract wholly entered into and wholly performed within New York. You agree that all claims you may have against SOMACEUTICA arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in New York County, New York. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than New York County, New York, you will be responsible for compliance with all local laws of such other jurisdiction.

Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Site Terms, SOMACEUTICA reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content, products or services; (c) change, suspend or discontinue any aspect of the Site, Site Content, products or services; and (d) impose limits on the Site, Site Content, products or services.

Referral

Notwithstanding any provision of these Site Terms, SOMACEUTICA reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content, products or services; (c) change, suspend or discontinue any aspect of the Site, Site Content, products or services; and (d) impose limits on the Site, Site Content, products or services.