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This Privacy Policy applies to personal information collected online by Mountain Brands, LLC, its affiliates and subsidiaries (collectively referred to as “Siaralux”) in connection with its U.S.-based websites, microsites, mobile sites or mobile apps that expressly adopt, display or link to this Privacy Policy (collectively referred to as our “Sites”). It also applies to personal information Siaralux collects in connection with the Siaralux pages on social media sites, such as Facebook®, Instagram ®, YouTube®, Twitter®, Pinterest®, LinkedIn®, or others (collectively referred to as our “Social Media Pages”).

1. What information does Siaralux collect about you on our Sites and Social Media Pages?

We may collect information about you from a variety of sources, including when:

Information You Provide:
We may ask you to provide information about yourself directly to our Sites, such as the following:

Name
Address
email address
telephone number
birthday
social security number
username and password
payment card information
financial information
user generated content
demographic information
customer satisfaction surveys
personal preferences
resume, cover letter and similar employment-related materials
employment history
We may allow you to use your personal social media account, on social media sites (“Personal Social Media Account”), to provide information to us when you participate in certain features on our Sites.

This information may include any information you have shared on your Personal Social Media Accounts, such as the following:

Name
profile picture
gender
networks
user ID
list of friends
language
birthday
education
work history
address
interests
likes
friends
It is also possible that we will be able to continue collecting this information from your Personal Social Media Accounts should the information be revised by you later. You may choose not to provide us with certain requested information, but then you might not be able to take advantage of some of the features on our Sites.

Information Observed or Collected Through Technology

Navigational Information. Navigational information, such as the following, is collected by us and our third party service providers when you use our Sites:

browser type and version
operating system
the Internet service provider used to access our Sites
IP Address
use of links to arrive at our Sites
web pages requested and viewed
time spent on our Sites
for our mobile websites and apps, technical information about the device used, such as screen size, cookie support by the device and how images may appear
Location Information. Our Sites and emails include features that may require collecting different types of location information that we then use for the specific feature you have selected, such as:

Retail locator. Our Sites may allow you to search for an authorized reseller of Siaralux products near you. If you access one of our Sites through a mobile device and you have enabled location-based services, specific location information may be collected for these features. If you access these features through a desktop device, you may be able to choose to have your browser provide us your location information to respond to your request. The specificity of the desktop device location information can vary depending on the browser you are using and how you are connected to the internet.
Email. Our emails may use your IP Address to determine the postal code where you are located when you open the email. This allows us to tailor content to you, such as a map of nearby Siaralux locations. The specificity of the location can vary depending on the device used to open our emails.
Mobile offers. If you consent to receive them, we may send offers to your mobile devices when you are in certain locations.
Cookies and other similar technology. We and our third party service providers use “cookies.” Cookies assign a unique identification to your device and are typically stored on your device by your web browser. We may also use pixel tags (also known as web beacons, web bugs, and clear GIFs) on the Sites and in emails. A pixel tag is a nearly invisible pixel-sized graphic image on a webpage or in an email message.

The information we and our third-party service providers collect through cookies, pixel tags and similar technology includes the following:

your interactions with our Sites and with our advertisements
the time of your visit to our Sites
confirmation when you open email from us, including the time you open the email and whether you click on any links in the email
sites you visit after visiting our Sites
For additional information on the use of cookies for advertising, see “3. How is technology used to serve our advertisements on other Sites that you visit and what choices do you have?”.

Information Obtained from Third parties

We may combine information about you from other sources with the information we have collected about you on our Sites or Social Media Pages. For example, in connection with searching and applying for jobs with us, we may use a third party to collect and process the applicant profiles and preferences, monitor website activity, maintain the database based in the U.S and provide plug-ins (such as LinkedIn) at your request. We require that the information you provide on pages hosted by these third parties be maintained by them in confidence. Information you voluntarily supply will be stored in a database, which will be accessed by authorized personnel of Siaralux to address your inquiry or consider you for employment purposes with any of our affiliates. We may also keep the information for future consideration.

Information Collected on Siaralux’s Social Media Pages

Personal information may be collected directly by us through our Social Media Pages. The type of information we would collect is similar to what is described above under “Information You Provide.” Personal information may also be collected by the social media site hosting our Social Media Pages. Our Privacy Policy does not cover the privacy and security practices of the social media sites on which Image Skincare has its Social Media Pages.

2. How do we use the information we collect about you? The information we learn from you helps us personalize your experience with us and our communications to you and helps us continually improve your experience on our Sites.

We use the information you provide, information collected through your Personal Social Media Accounts, and information collected on our Social Media Pages for things like:

opening an online account
improving and developing our products
servicing our customers
advertising and marketing, including emails, texts and postal mail
personalizing your experience when visiting our Sites
responding to your inquiries
market research and surveys
conducting events, promotions, contests and sweepstakes
analytics
processing job applications
We use navigational information gathered through technology for determining things like:

which parts of our Sites are most visited or used
what features/products are browsed
how to improve and better transact business
the effectiveness of our Sites
lead generation
difficulties visitors may experience in accessing our Sites
monitoring the number of visitors to our Sites
average time spent on our Sites
any programming errors or failures on any of our Sites
We use information collected through cookies and similar technology to determine many of the same things listed for navigational information above. In addition, cookies and similar technology are used for things like:

personalizing your experience on our Sites
serving tailored ads on other sites, as described below
tailoring email marketing to you based on your preferences on, or use of, our Sites
determining return visitors
measuring the effectiveness of our advertising
We use third-party analytics providers, such as Google Analytics, to measure traffic and usage trends, and to help us better understand your use of and interaction with our Sites and Social Media Pages. Like the navigational information described above, the social media sites where we have our Social Media Pages may provide aggregate information and analysis to us about visitors to our Social Media Pages. This allows us to better understand and analyze our user growth, general demographic information about the users of, and interaction with content on, our Social Media Pages.

3. How is technology used to serve our advertisements on other sites that you visit and what choices do you have?

We may contract with third party advertising companies to tailor online advertising to be directed to you on other websites. These third-party advertising companies place, use, or rely on technology, such as cookies and pixel tags, to obtain information about your interactions with our Sites as well as with other websites. This information helps us select advertising to serve to you and where to serve it based on your experience on our Sites and other sites that you visit. You may opt to not accept cookies. You should be aware that our systems may not recognize “Do Not Track” signals from all browsers since there is not currently an accepted standard for how to respond to such signals.

4. Does Siaralux share your information with third parties? We do not sell your personal information to unrelated third parties. We may share your personal information with the following third parties for the purposes outlined below:

Authorized Siaralux professional accounts or other resellers of Siaralux products
Our contractors, vendors, affiliates and third-party service providers in order to perform tasks on our behalf such as the following: a. facilitating your purchase b. assisting in servicing our products c. providing and improving our communications with you d. responding to requests to our investor relations e. cloud based and hosting services
Third parties so that they can offer products or services related to your purchase
When it is necessary for completing or servicing any transactions that you have authorized and, in some instances, to verify the existence or condition of your account with a financial institution, credit bureau or other third party
To verify an application for employment
As required to cooperate with a subpoena, search warrant or other legally valid inquiry, court order or other legal process, or as required or permitted by law
To protect the rights, property or safety of our Sites, our users or others, including where necessary for the establishment, exercise or defense of legal claims
As necessary and appropriate to protect Siaralux from harm due to fraud or other illegal activities.
If Siaralux were ever merged with or acquired by another company, or if we acquire another business entity or are involved in a corporate reorganization or other change of control, or if we sell substantially all the assets of a division, affiliate or subsidiary, some or all of the personal information collected about you could be shared with the acquiring or acquired company.

We may also share aggregate data about our sales, customers, traffic patterns, and other related Site information with third parties, but none of this data is connected to an individual’s personal information.

5. What choices do you have over how Siaralux uses your information?
We give you choices about the information we collect and how we communicate with you.

Email: You may opt-out of our marketing emails by following the instructions listed in the email that you received. However, even if you opt-out you may still receive non-marketing emails, such as customer service communications.
Location Information:
1) Mobile Device Location Information. Your mobile device settings may allow you to disable location-based services, which will prevent our Sites from accessing your precise mobile device location information. We recommend you review the help or user manual provided with your device for instructions.
2) Desktop Device Location Information. Your desktop web browser may allow you to remove permission you granted through your desktop device for our Sites to access your location information and/or completely block requests for location information. We recommend you review the help or user manual provided with your browser for instructions.
3) Email Location Information. Your email program may allow you to prevent the pixel tags or images in the emails you receive from us from downloading, which will also prevent our service provider from accessing your location information. You can also unsubscribe from receiving our emails, as described in the “Email” section, above.

Postal Marketing: If you no longer want to receive marketing materials from us via regular postal mail, please call our Customer Service Department at 1-888-497-0091 or email us at [email protected] and tell us that you want to be removed from the Siaralux postal mailing list, including the postal address you wish to have removed.
Cookies: You may set your web browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our Sites, you may not be able to take advantage of all the features on our Sites. For information on how to opt-out of the use of cookies for online behavioral advertising, see “3. How is technology used to serve our advertisements on other websites that you visit and what choices do you have?”).
Text Messages: You may opt-out from receiving text messages from us by following the opt-out instructions in the text message or by contacting us as described below in Section 8. Children’s Privacy: Our Sites are intended for adults, and we do not knowingly collect personal information from anyone under the age of 13 on our sites or marketing platforms. If we become aware that anyone under the age of 13 has provided us with personal information, we will delete the information from our records.
Additional Rights and Disclosures for California Residents: California Consumer Privacy Rights: You have the right to request, up to 2 times in a 12-month period, the following, free of charge. You have the right to not be discriminated against for exercising any of these rights.

The categories and specific pieces of personal information we have collected about you in the last 12 months;
The categories of sources from which your personal information was collected;
The business or commercial purpose for collecting or selling your personal information;
The categories of third parties with whom we share your personal information;
To opt-out of the sale of your personal information to third parties;
That we delete or erase the personal information that we collected from you, subject to certain exceptions; You may exercise your rights and opt-out of the sale of your information by contacting us at the phone number or email below. We will take reasonable steps to verify your identity when your request is made. When submitting a request, please provide your name, email address, phone number and mailing address in the original request, as well as an explanation of the rights you wish to exercise with the request. Without this information we may not be able to verify your identity or complete your request.
Customer Care: 1-888-497-0091 Email: [email protected]

6. How does Siaralux secure your information on its Sites?
Our Sites utilize encryption technology. We also use firewalls and have implemented other reasonable technical, administrative and physical measures designed to protect the personal information in our custody or control from unauthorized access, use, modification and disclosure. Moreover, we regularly monitor our systems for possible vulnerabilities and attacks. While we implement these security measures on our Sites, you should be aware that 100% security is not always possible.

We may enable you to navigate to third-party websites through links on our Sites. We do this for your convenience. If it is not one of our Sites, we don’t endorse, may not have any affiliation with, do not control and are not responsible for those third-party websites and/or their Internet and web practices. Whether the third-party content appears within our Sites environment (like a map frame), or you leave our Sites for another website to view it, the terms, conditions, and privacy policies of those other websites govern your online experience. Please review their terms of service and privacy policies if you have any question about their practices.

7. Will this Privacy Policy change?
We may make changes to this Privacy Policy at any time, and without prior notice to you, so please review it periodically. We will update the effective date of the Privacy Policy at the time a change is made.

8. How can I contact Siaralux?
If you have questions or concerns with respect to our Privacy Policy, please contact us by:

Phone: Customer Care: 1-888-497-0091 Email: [email protected]

Be sure to include your question or request, name, email, phone number and address information.

Effective as of: 6-29-2020

These Terms of Use apply to our websites, microsites, mobile versions of these websites, and mobile applications (the “Website”) that expressly adopt and display or link to these Terms and Conditions, as may be revised from time to time, and that are owned, operated or controlled by Mountain Brands LLC and its affiliates, if any, (collectively, “Siaralux”). By accessing and using the Website, the user (“User”) acknowledges and agrees to accept and be bound by these Terms of Use.

Content: All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, products, HTML code and scripts (collectively, the “Website Content”), and the collection, arrangement and assembly of the Website Content, is the property of Siaralux and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms and Conditions. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of Siaralux.

Use of Website Content: The Website, including all Website Content, is provided as a resource for Users to learn more about Siaralux and its products and services. Subject to these Terms and Conditions, the User is hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Website Content for the User’s own purposes. All rights not expressly granted are reserved by Siaralux and its licensors. This limited license may be revoked at any time for any reason or no reason.

Trademarks: All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by Siaralux and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms of Use or by virtue of User’s use of the Website. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Siaralux or the applicable rights holder.

Links: The Website may include links to third party websites not operated by Siaralux. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof. Access to any such linked site is at the User’s own risk, and Siaralux will not have any liability arising out of or related to such sites and/or their content, or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, or any goods or services, available on or through any such site.

User Information: Some functionality of the Website may require the transmission of information provided by the User (“User Information”). User Information may include, but is not limited to, a User’s name, address, email address, telephone number, method of payment, credit card number, and billing information. The User agrees to keep the User Information provided to the Website current at all times and to promptly update such information in the Website to the extent of any change. By using such functionality, the User consents to the transmission of User Information to Siaralux and/or its agents and authorizes Siaralux and/or its agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in the Privacy Policy located at https://www.siaralux.com , which is incorporated herein by reference.

Online Commerce: The Website may allow Users to make purchases from Siaralux or from other unrelated and/or unaffiliated qualified Siaralux accounts or merchants (“Merchants”). Where a User makes such a purchase via the Website, all information obtained by Siaralux from the User in the course of such purchase, including User Information, may be collected by both Siaralux and other Merchants, if any, as well as the payment processing companies utilized for such purchases. A User’s participation, correspondence or business dealings with a Merchant found on or through the Website, as well as all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to such purchase, are solely between the User and that Merchant. The User agrees that Siaralux is not responsible or liable for any loss, damage, refunds, or any other matter incurred as the result of such dealings with a Merchant. Payment processing companies and Merchants may have privacy and data collection practices that are different from those utilized by Siaralux. Siaralux has no responsibility or liability for the independent policies of the payment processing companies and Merchants. In addition to being subject to these Terms and Conditions, certain User purchases may subject that User to additional terms and conditions of the payment processing company and/or the Merchant. For more information regarding a Merchant and its terms and conditions that may apply, visit that Merchant’s website and click on its information links or contact the Merchant directly. The User hereby releases Siaralux, its payment processing company, and Merchants from any damages incurred by the User. Moreover, the User agrees not to assert against Siaralux, its payment processing company, or Merchants any claims arising from the User’s purchase via the Website.

User Content: The Website may allow the User to upload photographs, videos or other content (“User Content”). The User shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Website and related Siaralux platforms. The User shall retain ownership of all User Content and hereby grants to Siaralux a non-exclusive, royalty-free, transferable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the Website and related Siaralux platforms and for Siaralux business purposes. The User also grants to the other users of the Website and related Siaralux platforms a non-exclusive license to access the User Content via the Website and related Siaralux platforms, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms and Conditions. The User grants Siaralux the right to identify the User as the author of any such User Content by name, email address, or screen name, and the User acknowledges that Siaralux has the right, but is not obligated, to use any such User Content and that Siaralux may cease utilizing such User Content at any time for any reason. The User agrees not to submit, upload, or otherwise make available via the Website any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which the User does not have the rights necessary to transmit and publish such content or materials, or to grant Siaralux the license to use such content or materials as described herein. The User acknowledges that Siaralux has no obligation to monitor or screen User Content submitted to the Website, but that Siaralux shall have the right (but not the obligation) to reject, remove or delete any User Content that violates these Terms of Use or that is otherwise objectionable.

Third Party Content: The User understands and agrees that Siaralux does not control and is not responsible for any Content made available on the Website by other users. The User’s use of, or reliance on, any information contained in such third party Content is at the User’s sole risk. Under no circumstances will Siaralux be liable for any such third party Content or for any loss or damage resulting from the User’s use of, or reliance on, such third party Content.

Acceptable Use: The User’s permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by Siaralux to access Website Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access to Siaralux systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden Siaralux servers or networks, or (viii) fails to comply with applicable third party terms. The User must comply with all applicable third party Terms of Use(e.g., wireless carrier terms of service) at all times while using the Website. Siaralux reserves the right, in its sole discretion, to terminate the license granted to the User hereunder and/or bring legal action against the User if the User engages in, or Siaralux reasonably believes the User has engaged in or is engaging in, use that violates these Terms and Conditions. Siaralux failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms and Conditions.

Eligibility; Jurisdiction: The User represents and warrants that (i) the User is at least 18 years of age and is fully competent and able to enter into these Terms of Use and to abide by the terms hereof; (ii) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country, and (iii) the User is not included on any U.S. Government list of prohibited or restricted parties. The Website is not intended for children under the age of 13. Siaralux provides the Website for use in the United States of America. Siaralux does not represent the Website is available or appropriate for use in other jurisdictions. The U.S. consumer website, https://www.siaralux.com, is to be used strictly for consumer purchases within the U.S. and is not to be used to purchase products for resale or export from the U.S. Any access to or use of the Website from other jurisdictions is at the User’s sole risk and the User is responsible for complying with all applicable local laws.

DISCLAIMERS: SIARALUX AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE WEBSITE CONTENT OR REPRESENT THAT THE WEBSITE OR THE WEBSITE CONTENT IS ERROR-FREE OR CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability: USE OF THE WEBSITE IS AT THE USER’S OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, SIARALUX AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) USE OR MISUSE OF THE WEBSITE OR THE WEBSITE CONTENT; (II) INABILITY TO ACCESS OR USE THE WEBSITE OR THE WEBSITE CONTENT; (III) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE WEBSITE; (IV) ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, SIARALUX VIA THE WEBSITE; OR (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SIARALUX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity: Upon request by Siaralux, the User agrees to indemnify, defend and hold harmless Siaralux and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) the User’s use or misuse of the Website; (ii) the User’s violation of these Terms of Use; (iii) the User’s violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that the User Content resulted in damage to a third party. Siaralux reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with Siaralux in asserting any available defenses.

Changes to Website: At any time and without notice to the User, Siaralux may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.

Changes to Terms; Updates: Siaralux reserves the right to change these Terms and Conditions at any time, and in its sole discretion, by changing these Terms and Conditions within the Website. The User’s continued use of the Website after any such changes to these Terms and Conditions are made available through the Website will constitute the User’s acceptance of those changes. These Terms and Conditions shall govern any updates to, or supplements or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements or replacements – in which case such separate terms will apply.

Governing Law: These Terms of Use are governed by the laws of Puerto Rico and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in San Juan, Puerto Rico for purposes of any legal action arising out of or related to these Terms and Conditions or use of the Website.

Agreement to Arbitrate: Any civil action, claim, dispute or proceeding arising out of or relating to access to or use of the Website will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of access to or use of the Website, and to arbitrate any part of these Terms, including any claim that all or any part of the this section or these Terms is void or voidable.

The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in San Juan , Puerto Rico, under the AAA’s rules and procedures, as modified by this section. The AAA’s rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.

You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

The arbitrator will decide the substance of all claims exclusively in accordance with the laws of Puerto Rico, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for San Juan, Puerto Rico.

Prohibition of Class and Representative Actions and Non-Individualized Relief: EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Legal Notice For New Jersey Residents: Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms and Conditions shall not be applicable to New Jersey residents: (1) the provisions concerning limiting Siaralux ‘s liability for any loss or damage is not applicable to New Jersey residents to the extent Siaralux was negligent or has breached its obligation; (2) the provisions concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; and (3) the provisions concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms and Conditions.

Digital Millennium Copyright Act: If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Siaralux DMCA Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to Siaralux DMCA Agent at [email protected]. You acknowledge that if you fail to comply with all of the requirements detailed above, your DMCA notice may not be valid.

If you believe that your content that was removed from the Website (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the DMCA Agent:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the district court in San Juan, Puerto Rico and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the DMCA Agent, Siaralux may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed Content may be replaced, or access to it restored, after receipt of the counter-notice, at Siaralux sole discretion.

Contact: Any questions, complaints, or claims regarding the Website may be directed to: [email protected].

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