Privacy Policy

The purpose of this Privacy Policy is to tell you what information we gather on this Website and how we use that information. By using this Website you accept the terms of this Privacy Policy, as well as the terms set forth in our Terms and Conditions.

This Privacy policy applies to the website owned and operated by [Stemgent] (referred to as "we," "us," the "Company" or similar terms), with a homepage located at [www.stemgent.com] (the "Website"). This Privacy Policy does not apply to any other websites, and we make no representations as to the privacy practices of other websites.

What Information do We Collect?

In order to process and track orders, update your account, respond to your requests, operate our business, and maintain this Website and various features, we collect a variety of information about Website visitors. This section describes both the Non-Personal Information and Personal Information we collect.

Non-Personal Information

Each time a computer visits this Website we may collect certain information from that computer. This information is automatically collected from the computer's web browser and may include information such as the following ("Non-Personal Information"):

  • the type of web browser software the computer uses (for example, Netscape Navigator or Internet Explorer)
  • the Internet address of the website from which the computer linked directly to the Website
  • the date and time the computer accessed the Website

Non-Personal Information does not tell us who you are.

Also, we may place a text file called a cookie in the browser files of computers that visit this Website. Cookies are pieces of information issued by a website that, among other things, allow your computer to utilize all the features on this Website. If and when your computer accepts a cookie, the cookie may be stored on the computer's hard drive. You are always free to decline our cookies if your browser permits, but some parts of the Website may not work properly for you if you do so.

Personal Information

In the course of opening or updating your account, placing an order, filling out a form on a page on this website, or taking any similar action, you may provide us with information such as your name, address, telephone number, purchase information and history, email address, credit card number, or similar information ("Personal Information"). The only way we get personal information is if you choose to give it to us.

How do We Share and Use Information?

The ways we share, use, and protect information collected over this Website depends upon the type of information involved.

Non-Personal Information:

We may use non-personal information to help us make the Website more useful to you and for other business purposes. For example, we may tell business partners how many computers visited this Website or what pages were most popular. We may prepare reports and other materials using non-personal information. We may use Non-Personal Information for any other purpose and may share Non-Personal Information with third parties.

Personal Information:

If you submit personal information, you agree that we may keep a record of the personal information. For example, we may keep a record of your name, address, and credit card number in order to receive payment for your orders and in order to ship the orders. We also may use personal information to help us in our business, including but not limited to improving this Website and marketing and product development, or to contact you. You also agree that we may share personal information with other businesses that help us operate our business, such as credit card companies and shipping companies. If you complete the "Credit Reference" section you agree that we may contact the references and share your Personal Information with the references for the purpose of deciding whether to extend credit to you or to do business with you. Also, we may share personal information with other companies we do business with, such as business partners, affiliates, or successors.

We may share Personal Information if required to comply with a law, regulation, court order, or other legal process. We may share Personal Information to protect our rights or property.

Email and Link Information:

Using the email address you provide us, we may send you email newsletters or similar documents from time to time. These emails may include technology that permits us to track if and when an email has been opened, as well as whether the recipient clicked on any particular link or advertisement contained in the email. This information is tracked and used for statistical analysis, to generate sales leads, and to help us operate our business. The information gathered from these emails may result in a call or email from our sales staff to provide further information on products that our emails have identified you as having an interest in.

Opt-In for Advertising and Other Communications:

You agree that We, or the third parties who help us operate this Website and conduct business, may contact you for advertising or any other purposes through any and all contact information you provide to us, such as email, telephone, fax, or mail.

California Residents only - Disclosures to Direct Marketing Entities:

This notice applies only to California residents and is made pursuant to California Civil Code § 1798.83. As noted above, we may disclose Personal Information about you, such as your email address, to third parties. If we disclose personal information about you to a third party and the third party will use that information for direct marketing purposes, you have the right to contact us to request that we notify you as to: (1) what categories of Personal Information we shared with the direct marketer; and (2) the name of the direct marketing businesses with whom we shared such information.

Contact Information:

If you have any questions or comments regarding this Privacy Policy, please contact us at:

4 Hartwell Place
Lexington, MA 02421
Tel: 1.877.228.9783 or 1.617.245.0098
www.stemgent.com

What Happens if the Privacy Policy Changes?

We may change this Privacy Policy at any time and for any reason. If we change this Privacy Policy we will post the change on this section of the Website.

What About Privacy on Other Sites?

This Website may contain links to other websites. We provide these links for your convenience, but we do not review, control, or monitor the privacy practices of websites operated by others. We are not responsible for the performance of these sites or for your business dealings with them. Your use of other websites is subject to the terms and conditions of those websites, including the privacy policies of those websites.

Are There Special Rules About Children's Privacy?

This Website is designed for an adult audience only. Anyone under 18 years old must not use this Website. We will not intentionally collect online any personal information (such as a child's name or e-mail address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us as described below.

Security:

Your information is stored on servers located in the United States. We and our agents who help us with hosting and security use a number of procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure, including use of encryption, "firewalls" and Secure Socket Layers. However, "perfect security" does not exist on the Internet.

Effective Date:

The Effective date of this Privacy Policy is June 3, 2008.

User Conduct:

You agree to follow the conduct rules listed below. If you fail to follow these conduct rules, Stemgent may, in its sole discretion, terminate or suspend your account without refund, in addition to pursuing any other legal and equitable remedies including but not limited to money damages:

  • You will not knowingly provide or post any false, misleading, or fraudulent information.
  • You will not use this Site or any products purchased from Stemgent for any illegal purpose.
  • You will not hold yourself out as someone you are not or otherwise impersonate any living person.
  • You will not interfere or tamper with the functioning of this Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
  • You will not use this Site to transmit any virus or similar destructive program or code.

Customer Commenting and Communication:

"Customer Commenting and Product Reviews" means an area, site or feature offered as part of any Stemgent Site that offers the opportunity for users to Distribute Submissions for viewing by one or more Stemgent Site users, including a chat area, message board, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails).

You acknowledge that the Customer Commenting and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through any Stemgent Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any public forum or customer commenting forums and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.

Rules of Conduct:

The following Rules of Conduct apply to the Stemgent Sites. By using the Stemgent Sites, you agree that you will not Distribute any Submission that:

    1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
    2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
    3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
    4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
    5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Stemgent Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Stemgent Sites; or
    6. (a) does not generally pertain to the designated topic or theme of the relevant Public Forum or product review; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Cooperation; Removal of Submissions:

We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any Stemgent Site that violates these terms of use (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including any Stemgent Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

Ownership and Use of Materials:

The materials on this Site belong to Stemgent or its third party licensors. There are some important rules about using and copying these materials. Stemgent grants you a limited, revocable, license to download or print one copy of the materials on this Site, but only for the purpose of ordering products on the Site. When you download or print a copy of the materials on this Site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

The materials on this Site belong to Stemgent or its third party licensors. There are some important rules about using and copying these materials. Stemgent grants you a limited, revocable, license to download or print one copy of the materials on this Site, but only for the purpose of ordering products on the Site. When you download or print a copy of the materials on this Site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

Site Disclaimer and Limitation of Liability:

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STEMGENT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE SITE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF THE SITE OR STEMGENT.

UNDER NO CIRCUMSTANCES SHALL STEMGENT OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE.

Password and Account Security:

If you have an account through the Site, you are responsible for:

  • keeping your account password confidential and secured
  • restricting access to your computer
  • keeping the e-mail address associated with that account current

You accept full responsibility for all activities that occur within your Site account and/or using your password.

Geographic Scope:

The Site is operated by Stemgent from its offices in California, U.S.A. Stemgent welcomes visitors from around the world. Stemgent, however, makes no representation or warranty that the contents of the Site are appropriate or permitted by the laws and regulations of countries other than the U.S.A. If you choose to access the Site from other countries you do so at your own risk, and are responsible for compliance with applicable local laws.

Choice of Law/Disputes:

You hereby agree that the only proper jurisdiction and venue for any dispute with Stemgent, or in any way relating to your use of this Site or to products purchased from Stemgent, is in the state and federal courts in the State of Delaware, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Stemgent or its affiliates, employees, officers, directors, agents and providers. Any claims relating to the information, services or products available on this Site will be governed by the laws of the State of Delaware, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to these Terms and Conditions or your use of the Site will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred. This paragraph survives expiration or termination of these Terms and Conditions.