Términos y condiciones

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Introduction

The following terms and conditions (“Terms of Use”) apply to your use of Lira Clinical (“Lira”) websites and applies to the purchase of all Products from our websites or authorized retail stores, including gift certificates or other e-gift cards (“Products”). Your continued use of the Lira’s websites constitutes your agreement to be bound by and follow these Terms of Use (“Agreement”). By placing an order for Products through www.liraclinical.com or any domestic or international Lira-owned or affiliated website, social media account, or retail store, including but not limited to the website of any international authorized Lira distributor, their mobile sites, or mobile applications (collectively “Lira websites”), accessed via a computer, mobile phone, e-reader, tablet or other device (“Device”) used to access online services, applications and websites affiliated with Lira Clinical’s goods and services (collectively, “Online Services”) including telephone, you accept these Terms of Use and agree to be bound thereby. Lira’s Clinical’s Websites are provided as a service for Lira’s customers.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION REQUIREMENT AND WAIVER OF RIGHT TO BRING CLASS ACTIONS OR TRIAL BY JURY (see below).

USE OF LIRA’S WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT. LIRA RESERVES THE RIGHT TO UPDATE AND/OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. LIRA THEREFORE ENCOURAGES YOU TO REVIEW THIS AGREEMENT WHENEVER YOU USE LIRA’S WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE LIRA’S WEBSITE.

If you have any questions about any aspect of your order, please contact Lira’s Customer Service department by sending us a message through the Contact Us tab accessible at www.liraclinical.com, or email to info@liraclinical.com, orders@liraclinical.com (for email orders and order questions) or call +(1) 1 (877) 440-5472. For International, please call +1 (925) 364-7888.

Order acceptance and billing

All orders must be accepted and verified by Lira prior to shipping. All billing information provided must be accurate and up to date. Any untruthful or inaccurate information shall be deemed to constitute a breach of these Terms of Use and may result in the cancellation of an order. Prior to accepting an order, Lira Clinical reserves the right to request additional information to verify your identity and validate the billing information required for processing of your order.

Lira Clinical reserves the right to cancel, deny or reject any order for any reason, including limited quantities, inaccuracies, errors in product or pricing information, or issues identified by Lira, or Lira’s bank’s credit and fraud prevention departments. If any order is canceled after a credit card (or other applicable payment account) has been charged, Lira will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Lira will contact you if all or any portion of your order is canceled or if additional information is required to accept, verify or process an order. Lira Clinical may request pre-authorization for some orders placed online with credit or debit cards. A pre-authorization has no fee, however, your card issuer may issue a hold on a pre-authorization amount for a short period. Your card issuer will determine the duration for any pre-authorization hold. Lira does this to ensure that all card details are up to date, valid and that our customer has sufficient funds to complete the transaction.

By confirming any purchase at the end of the checkout process, you must confirm your agreement and acceptance of the terms for purchasing the Products. There is no charge for most orders until the order is in the process of being shipped, and customers will be charged at the time the order is placed.

Lira Clinical reserves the right, in its sole discretion, to limit the quantity Lira Products purchased and shipped per person, per household, per email address, per IP address or per order for any reason. These restrictions apply to orders placed for the same account, the same credit card, and to orders that use the same billing, email, IP and/or shipping address. When applicable, Lira will notify the customer that such limits are effective.

Please note that while Lira has tried to accurately display the colors of products, actual colors see will depend on each user’s computer monitor and may not always be accurate.

Order refusal or cancellation reasons

Lira Clinical reserves the right to refuse or cancel any order for any reason, including, but not limited to, the following situations:

Errors or inaccuracies in Billing, Payment or Shipping Information

Orders cannot be processed due to error or inaccuracies in information provided, including but not limited to: incorrect credit or debit card numbers, expiration dates and/or security card numbers or information regarding other payment types, incorrect billing information, i.e., billing information provided is different from financial institution’s information on record), insufficient or incorrect shipping address details, e.g., street address, city, state, zip or postal codes, or any suspected fraudulent information.

Errors, Inaccuracies, and Omissions

Occasionally, there may be information on Lira’s, or one of our authorized distributors’ websites or salons that contain one or more typographical errors, inaccuracies, or omissions related to a Product description, price, promotion, or availability. Lira reserves the right to correct any such error, inaccuracy or omission and to change or update such information, or even cancel a Product or order if such information was inaccurate, at any time without prior notice (including but not limited to after submission of an order).

Product Unavailability or Shipping Delay

If a Lira Product is delayed from shipment from a Lira distribution center, becomes unavailable, or as the result of an error on a Lira or affiliate’s website relating to your Product order (for example, Product price or description), Lira reserves the right to cancel the order. If this occurs, Lira will contact you with the details.

Re-shipping of Products

The Products sold on our Websites are intended for personal use only, not for resale, unless sold to a licensed Professional. Any suspected resale of our Products for personal or business profit is strictly prohibited. We will not accept and reserve the right to cancel orders that appear to be for resale purposes. Any orders found to have characteristics of reselling, such as large quantities, frequent orders, orders by dealers or resellers or the use of freight forwarding, may be canceled in the sole discretion of Lira Clinical, and Lira Clinical shall have the right to Cancel all subsequent purchases from any such customers. For the purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any Products from Lira Clinical for the purpose of engaging in a commercial sale of that same Products with a third party.

Previous Fraudulent Order History

Lira Clinical may refuse to accept any order for Products if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We also may refuse any orders connected with a previous credit card dispute.

If Lira Clinical rejects your order because of an error in pricing or other information about the Products, you will be notified at the email address you provided and asked whether you would like to re-submit your order to re-purchase the Products once the Information in the order is validated. If we do not receive a response from you within seven days, Lira Clinical may cancel the order.

Pricing and Payment Policy

Pricing for Products may be different on our Websites or from prices available at professional salons or through our wholesale partners. Products displayed on our Website are available while supplies last and may be different from products displayed in salons. The prices displayed on Lira’s Website is in US dollars and valid only on the US mainland. Lira Clinical reserves the right to update and make corrections to information on our Website at any time and without warning and will not be held liable for any inaccurate information or for any information that has been omitted from our Website. Price and availability information are subject to change without notice. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price.

Acceptable Forms of Payment: Visa, MasterCard and Pay Pal.

Sales tax is collected on total Products orders delivered to: AL, AZ, CA, CO, CT, DC, FL, GA, HI, IL, IN, KS, KY, LA, ME, MA, MD, MI, MN, MO , NE, NC, NJ, NY, NV, OH, PA, RI, SC, TN, TX, VA, WA, WI.

Some states also require us to collect sales tax on shipping charges for Products delivered to: CO, CT, DC, FL, GA, HI, IL, IN, KS, KY, MI, MN, MO, NE, NC, NJ, NM , NY, OH, PA, RI, SC, TN, TX, WA, WI.

Promotional Codes

Occasionally, Lira Clinical offers promotions through e-mails, catalogs, mailings and advertisements. Once you sign up and agree to receive promotional materials from Lira Clinical, you will may receive e-mail promotions and offers that may include special codes for shipping or other discount offers.

By using Lira’s Website or visiting a salon, you acknowledge and agree that any misuse of may result in cancellation of the order or item. In order to allow fair redemption and distribution of promotions to our registered clients, Lira Clinical may restrict redemption to one per person, per household, per email, per IP address or per order for any reason. Promotional codes are limited and may expire or discontinue with or without notice. Promotional codes may not be copied, sold, or otherwise shared. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.

Shipping Policy

Standard shipping is generally free with all orders of $1500.00 or more. LIRA CLINICAL reserves the right to modify its shipping policy at any time, without advance notice.

Purchases are shipped from Lira’s nearest warehouse and are scheduled to arrive within 3 - 10 business days from receipt of your order.

Express Delivery

For an additional fee, Lira may provide express delivery by Fed Ex to most destinations.

Overnight Delivery

For an additional fee, Lira can provide Next Day Delivery by Fed Ex to most destinations. If you have questions about the availability of Next Day Delivery to your shipping location, please check with customer service.

Hazardous Materials

Certain items considered Hazardous Materials (HAZMAT), which include alcohol-based products (eg, perfumes, etc.), are required by the US Department of Transportation to be shipped by ground-only transport due to air transport restrictions and regulations.

Federal Express and United States Postal Service have been selected as our premier delivery services. However, some packages may be delivered by an alternative carrier. For more information, please call Lira’s Customer Service department at +1 (877) 440-5472.

International Orders

Lira can accept orders with International billing addresses from certain countries. Please visit the Website for details. If you wish to ship an order internationally, please contact Lira’s Customer Service department at +1 (877) 440-5472. There are no returns on items shipped outside the USA.

Out of Stock Items

Lira Clinical does not offer back-ordering. If an item is out of stock from your order, you can reach out to Lira’s Customer Service department at +1 (877) 440-5472 for more information. We apologize for the inconvenience.

All Lira Clinical Products are of the highest quality. Should you choose to return a product within 30 days of purchase, we may exchange the item or refund the purchase price to the original form of payment, except cash. Items purchased with cash in a salon, must be returned or exchanged at the point of sale. All returns and exchanges must include the original receipt

Terms and Conditions

These Terms and Conditions apply to our use of your personal information that you provide and that we collect from you during any interaction with Lira Clinical. These terms and conditions are in addition to those set forth in Lira Clinical's Privacy Policy

You understand and agree that interacting with Lira Clinical may result in the collection and processing of your personal information.

You may have the right to request deletion of data about you at any time. Please submit all such requests in writing to Lira’s Customer Service department.

Intellectual Property

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on our Website (collectively, the “IP”) are owned, controlled or licensed by Lira Clinical, one of its affiliates or by third parties who have licensed their materials to Lira Clinical and are protected by US and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Website or any related software. All software used on our Website is the property of Lira Clinical or its suppliers and protected by US and international copyright laws. The IP and software on our Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on our Website is strictly prohibited. The compilation (collection, arrangement, and assembly) of all IP on our Website is the exclusive property of Lira Clinical and is protected by US and international copyright laws.

The trademark and service mark LIRA CLINICAL, the Lira Clinical.com domain name and all other graphics, logos, page headers, button icons, scripts, and service names in included or made available through our Website are trademarks or trade dress or otherwise the exclusive property of Lira Clinical in the United States and other countries.

Privacy Policy

By using this Website and purchasing Lira’s Products, you consent to the terms of this Privacy Policy.

Overview

This website is owned and operated by Lira Clinical. References to “Lira Clinical,” may include a subsidiary or affiliates. This Privacy Policy describes how we collect, use and disclose your personal information when you visit or shop on this Website, engage with us on social media, or when you otherwise interact with us, including any transactions you make with us online, or through other means, including but not limited to any Lira Clinical-affiliated website or application accessed via a computer, mobile, e-reader, tablet or other device in order to access Lira online, applications or other websites affiliated with Lira Clinical, or their goods, or through other applications or other means by which you interact with third-parties with whom we have agreements (collectively, the “Services”). This Privacy Policy is incorporated into and subject to the terms of use of this Website (“Terms and Conditions”). Each time that you access or use the Services or have other interactions with Lira, whether online or through a salon, that shall constitute your acceptance of this Privacy Policy and your consent to the Terms and Conditions described herein, and you thereby signify that you have read, understood and agree to be bound by the Terms and Conditions and this Privacy Policy. If you do not agree to the Terms and Conditions and this Privacy Policy, you must discontinue using Lira’s Services. Unless otherwise defined in this Privacy Policy, capitalized terms herein shall have the meanings ascribed to them in the Terms and Conditions.

Changes to Privacy Policy

From time to time, Lira Clinical may update its Privacy Policy. Lira Clinical will post all updates or revisions on Lira’s Website with a new effective date to notify you of these changes. The new Privacy Policy will apply to all current and past users of the Services as of its Effective Date and will replace any prior policies. In addition, by accessing the Services on or after the Effective Date, you are deemed to consent to our then-current Privacy Policy.

Categories of Personal Information We Collect

Information You Voluntarily Provide:

Categories of personal information we collect that you voluntarily provide may include your name, shipping/billing address, telephone number, email address, social media user name, credit card or other payment information, birth date, gender, personal interests, purchase history, beauty and skin/hair care preferences and other information (collectively, “Personal Information”). We receive information you provide to us when you: (1) create an account with us; (2) make a purchase; (3) contact us via any customer service method; (4) subscribe for email, text, or other messages; (5) Participate in customer research, surveys, sweepstakes or promotions; (6) submit user-generated content via Lira’s Website; (7) apply for employment opportunities; (8) work with an associates who provides you with online services or otherwise assist you with product needs and purchases; (9) download or use Lira’s Website; or (10) otherwise communicate information to us. The business purposes for which we collect this information is to enable you to purchase or order a product, subscribe to a Service, register to receive emails or newsletters, participate in a survey, submit a product review or register for a contest, sweepstakes or promotion or otherwise engage with our Services.

If you choose not to provide Personal Information to us, you may be unable to purchase products, take advantage of offers and content on our Website, or otherwise access certain aspects of the Services.

Information Collected from Third Parties:

If you access any of the Services with log-in credentials from a social media site, application or platform (eg, Facebook or Instagram) or if you otherwise agree to associate your account with us through a social media platform, we may receive a Personal Information about you from such platform in accordance with the terms of use and privacy policy of the respective social media platform. We may add this information to the information we have already collected from you via Lira’s Website, mobile applications and any other aspect of the Services.

We may receive information about you on behalf of third parties, or which third parties provide on your behalf, including but not limited to gift recipients, online registrations/purchases. Lira also may acquire information about you from third parties with whom we have a relationship or otherwise contract with to obtain such information where such third parties have been duly authorized to share such information in accordance with applicable data protection laws. Additionally, we may receive information from various consumer reporting agencies and related service providers.

Third parties, such as partners, sponsors or advertisers whose services are promoted or advertised in connection with the Services may request that you provide personal information in order to participate in such offers.

We may combine such third-party data with other information we receive from or about you. Lira Clinical may share your Personal Information with third-party partners and may collect Personal Information about you that Lira Clinical receives from other sources when you have authorized us to do so or where permitted by applicable laws.

Information Collected Through Automated Systems:

We automatically receive and store certain types of information when you interact with our Website. The business purpose behind the collection of such automated information is to help make the Website operate more efficiently and to provide analytical information about marketing campaigns. Categories of personal information that we may automatically collect when you use the Website include the Internet Protocol address used to visit the Website along with other electronic markers, identifiers and information about your use of Lira’s Products or Services, such as cookies and web beacons. Among the business purposes for which we collect such information is to analyze this data for preferences, trends, Website-usage statistics and to recognize you on return visits.

Lira Clinical may use some technologies (collectively, “Tracking Technologies”), to gather Personal Information and non-personal information automatically whenever you visit or interact with Lira’s Website or Services. Some of the Tracking Technologies we use include:

Cookies

Cookies - Cookies are information stored by your browser on your computer's hard drive. Cookies make web surfing easier for you by saving your customer identification information (ie, username, password, shopping cart information, etc.) while using any website. Cookies also track where you visit on a site, what you have searched, and what you look at and purchase. You can learn more about how third-party advertising companies use cookies, including how to opt-out, by clicking here . Please read the explanation carefully should you choose to opt-out using this method. We may also use technologies, such as our own cookies, to provide you with personalized online display advertising tailored to your interests.

IP Address Tracking and Clickstream Data

IP Address Tracking and Clickstream Data - In addition to cookies, Lira’s Website automatically collects data about your server's Internet address when you visit our Website. This information, known as an Internet Protocol address, or “IP Address”, is a number that is automatically assigned to your device by your Internet service provider whenever you are on the Internet. When you view pages from our Website, our servers may record or “log” your IP Address and sometimes your domain name. Our server may also record the page that linked you to us and related information including any ads you may have clicked on. Such information is known as “Clickstream Data”.

Device Information

Device Information – Lira may also collect an IP address or other unique identifier information (“Device Identifier”) for the computer, mobile device, technology or other device (collectively, “Device”) you use to access Lira’s Website, or on third party websites that publish our advertising. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. For mobile devices, a Device Identifier is a unique string of numbers and letters stored on your mobile device that identifies it. We may collect certain, non-personal information about the Device you use to access the Services, including but not limited to IP addresses for your Devices, Device identifiers and browser types.

User History

User History - Lira Clinical may log and use certain usage information about your use of Lira’s Website, which may include a history of the website pages you view, browsing and transaction history for the business purposes of evaluating the effectiveness of marketing and Promotions and to improve your experience with Lira’s Website.

Mobile/Location Information

Mobile/Location Information – Lira Clinical may collect additional information from you if you access the Services through a mobile device, for example your unique device identifier, device's operating system, mobile carrier, or location when you opt in for us to do so. However, the degree to which your location can be identified depends on the device you are using (eg, laptop, smartphone, tablet) and how you are connected to the internet (eg, via cable broadband connection, Wi-Fi, etc.) . If you enable location services for the online Services, we may collect geo-location data periodically as you use or leave the Services open and provide location-based content and services. Lira may also collect your location information from your IP address or zip code. Lira also may use location data internally or in conjunction with our third-party service providers to customize your experience and provide offers that may be relevant to you. Depending on the platform you use to access the online Services (eg, Apple™ iOS, Google™ Android, Windows, etc.), you may be able to control from within the settings on your wireless Device whether location data is collected.

Email Interconnectivity

Email Interconnectivity - If you receive email from Lira Clinical, Lira may use certain tools, such as pixels, to capture data related to whether and when you open our emails, click on any links or banners it contains and make purchases. The business purposes are to improve our message content and frequency and gauge your interest in hearing from us.

Turning Off Tracking Technologies

Turning Off Tracking Technologies - You can choose to have your computer warn you each time a persistent or session cookie is being sent, or you can choose to turn off such cookies through your browser settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies

Network Advertising Initiative

Some of Lira’s advertising service providers may be members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. However, if you opt-out of receiving targeted ads in this manner, you may continue to receive advertising messages from Lira after you opt-out, but other members of the Network Advertising Initiative will not be able to target you based on your use of the Services and/or third-party websites.

“Do Not Track” Signals

You may set your web browser software to reject Tracking Technologies, but, if you do so, certain functionality of Lira’s Website may be affected. Moreover, due to the lack of uniformity in the standard for “do not track” signals, Lira does not act upon or respond to browser “do not track” signals or other similar mechanisms.

Third Parties

Lira Clinical also works with third parties to provide certain functionalities on the Services and to improve the effectiveness of the Services and its content. Separate and distinct from information Lira Clinical shares with third parties, third-party companies also may use Tracking Technologies to independently collect and store information about you and your use of the Services and may combine this information with information they collect from other sources.

Your Privacy Choices

Lira Clinical respects your privacy choices. Certain states grant their residents various privacy rights, which are spelled out in this Privacy Policy. Lira does not sell your Personal Information for money or other tangible compensation, but, with your consent, we “share” your Personal Information with third parties for various purposes, including to help us provide the Services and to provide you with relevant advertising. Some states treat this activity as a “sale” or “sharing” of Personal Information and require that we provide you with notice of your right to opt out of the “sale” or “sharing” of your Personal Information, including for use with targeted advertising.

You may exercise your right to opt out of the “sale” or “sharing” of your Personal Information, including for use with targeted advertising, through the following methods:

1. Go to our Help and Contact page, and click on the “Contact Us” button. In the field for “My request concerns”, click on the drop-down menu to select “Do Not Sell/Share My Personal Info,” and then fill in the applicable fields for your first name, surname and email address.
2. Call Lira’s Customer Service department at +1 (877) 440-5472
3. If the browser you use to visit our website has been enabled with an opt-out preference signal, such as the Global Privacy Control (GPC), we will honor that as a request to opt-out of the sale or sharing of your Personal Information for targeted advertising, however, if you are not logged into your Lira Clinical account or do not have an account, then your opt-out request will be linked to your browser identifier only.
4. If you have not enabled the GPC or another opt-out preference signal, then in order to complete your request as per point 1 above, you may also exercise your right to opt out of the collection of Personal Information by adjusting your Cookie Preferences where you can make your desired selections about the Personal Information you choose to share or not.

Even if you opt out of the “sale” or “sharing” of your Personal Information, including for use with targeted advertising, you will still receive advertisements, but they will be more general in nature. Please note that we may continue to collect and share Personal Information about you with other third parties, including to continue providing Services to you where the sharing of your Personal Information is for purposes other than targeted advertising and as permitted by law.

What does Lira Clinical do with the information it collects?

Lira Clinical uses Personal Information and non-personal information that it collects from you and about you for the purposes described below. Lira Clinical may use and disclose non-personal information for any purpose, except where Lira Clinical is required to do otherwise under applicable law. If Lira Clinical is required to treat non-personal information as Personal Information under applicable law, then Lira Clinical may collect, use and disclose it for all the purposes for which Lira Clinical collects, uses and discloses your Personal Information. Lira Clinical shares customer information with service providers that perform services on Lira’s behalf for business purposes pursuant to written agreements and instructions specified by Lira Clinical. By using the Website and other Services, you consent to our use of your Personal Information and non-personal information to target advertising to you. Lira Clinical may use the information collected from one portion of the Services on or in connection with other portions of the Services, and Lira Clinical may combine information collected from multiple portions of the Services into a single record. Lira Clinical also may use or combine information that Lira Clinical collects offline or from third-party sources with your information collected from or through the Services. Additionally, data collected from a particular browser or Device may be used with another computer or Device that is associated with the browser or Device on which such data was collected or transferred to a third party who may be able to track your activity across Devices.

Enable Usage

Lira Clinical uses the Personal Information it gathers about you to enable and enhance your use of Lira Clinical’s products and Services, including but not limited to accessing the Services, receiving emails and newsletters, registering for loyalty programs, purchasing products, receiving promotions, participating in forums, surveys and sweepstakes, and receiving requested products and services.

Data Enhancement

Where authorized under applicable laws, Lira Clinical may acquire information from other trusted sources to update or supplement the information that you provided or we collected automatically, such as information to validate or update your address or other Personal Information.

Customizing Your Experience with the Services

Lira Clinical uses the information that it collects and acquires to customize your user experience with the Services, including delivering content to you that we think would be most relevant and of interest to you and providing you with an enhanced experience based on the type of device you are using.

Advertising

Lira Clinical uses third-party ad servers and ad networks that use Tracking Technologies to collect information about your visits on other services and when you access the Services to send you targeted advertisements.

Statistical Analysis

Lira Clinical may perform statistical, and marketing analyzes of user behavior for various purposes, such as measuring interest in the Lira’s Website and Services and Lira Clinical products, to better understand purchasing patterns for marketing purposes. Lira Clinical also uses third parties to provide Lira Clinical with information, reports and analysis about the usage and browsing patterns of users of Lira Clinical products and services.

Account Maintenance and Service Updates

Lira Clinical may utilize the contact information you provided at registration, such as your telephone number, mailing address and email address, to contact you regarding your account, your subscriptions and other products or services that you have requested or in which you are currently enrolled. These may include order confirmations, notifications about credit card issues, security issues and information about Lira Clinical products.

Emails you send to us

If you send Lira Clinical emails, you should be aware that any information provided in an email may not be secure or encrypted and therefore may be available to others. Please exercise caution if you decide to disclose any personal or confidential information in such email, and please be advised that you should not provide detailed credit card information directly to Lira Clinical via an unsecure form (such as email). By emailing Lira Clinical, you agree that Lira Clinical representatives may use your email address to respond to any of your questions or comments.

Archival Purposes

Personal Information and other information that you provide to us in the course of using Lira’s Website or Services may be collected and stored in one or more of our databases. Lira may retain information from canceled or deleted accounts to comply with the law, prevent fraud, assist with investigations, resolve disputes, analyze or troubleshoot programs, enforce our terms of use, or take other actions permitted by law. Lira also may retain information to prevent re-registration in the event that your account has been suspended or terminated or to create an archival copy of your information, which may be used by us for recordkeeping, investigative and internal purposes. Lira will retain your privacy information for the period of time necessary to fulfill the purposes outlined in this Policy unless a longer retention period is permitted or required by law.

With whom does Lira Clinical share the personal information it collects?

Lira Clinical may share Personal Information that you provide with select third parties and service providers for certain purposes, such as the following:

Partner Products & Services Offered on the Services

If you provide Personal Information to third parties, such as partners, sponsors or advertisers whose services are promoted or advertised in connection with Lira’s Website or Services, you may be providing your information to both Lira Clinical and the third party. Your Personal Information will be subject to this Privacy Policy as well as the privacy policy and practices of such third party. Lira Clinical cannot and does not provide any guarantees or warranties as to the nature of a third party's use of your Personal Information.

Service Providers

Lira Clinical may contract with companies or persons to provide certain services including credit card processing, shipping, customer service, data analysis and management, promotional, marketing and research services, loyalty program administration, gift card management, administration of surveys and sweepstakes, marketing, detecting fraud or theft, and other services. Lira may provide these service providers with the information necessary for them to perform these services for business purposes pursuant to written agreements and instructions specified by Lira Clinical.

Mobile Carriers

If you access the Services through a Device or app, Lira may also share your information with mobile carriers, operating systems and platforms. Personal information about you may be shared, regardless of your “opt-out” status, in the following instances:

Compliance with Law

Lira Clinical may release Personal Information, Usage Information and Device Identifier (including IP address) if it is required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Lira Clinical; (2) protect and defend the legitimate business interests, rights or property of Lira Clinical, its users, marketing partners, customers, or affiliates; (3) to verify or enforce our Terms of Use or other applicable policies; and (4) otherwise to protect the rights, property, safety, or security of third parties, users of the Services or the public.

Organizational Changes

Should Lira Clinical undergo a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, Lira Clinical’s accumulated customer information will be treated as an asset and, like other business assets, personal information, user data, and any other information that we have collected about the users of our products and services may be disclosed to such entity as part of the due diligence process and, if we or our assets are acquired, will be transferred to such entity as one of the transferred assets. Lira may also disclose information about our users in connection with a commercial transaction where Lira, or any affiliated business, is seeking financing, investment, support or funding. You acknowledge that such transfers may occur, and that any acquirer of Lira Clinical or its assets may continue to use your personal information as set forth in this Privacy Policy.

Social Media Services

When you log into Lira’s Website through your social media accounts, link your social media accounts with the Services or engage with Services through third-party social media platforms, you understand that you may be allowing us ongoing access to certain information stored on those platforms. In addition, as you interact with the Services, you may also be providing information about your activities to the third-party social media platforms, as applicable. You should make sure that you are comfortable with the information such services may make available to us by visiting the applicable platforms’ privacy policies and/or modifying your privacy settings directly with those platforms.

Links to Other Websites

The Website and Services may contain links to third-party sites that are not owned or operated by Lira Clinical, such as links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding, co-marketing or affiliate agreement. Lira does not control, recommend or endorse and Lira is not responsible for the content, products, services or the privacy policies of websites to which it may link. This Privacy Policy applies solely to information collected by Lira Clinical. These other sites may send their own cookies or other tracking technologies to your device, and they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our Website (including those linked to through an email or social media page). You should consult the respective privacy policies of any applicable third parties to learn more about their privacy practices.

Protection of Your Information

To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, Lira Clinical has put in place appropriate physical, electronic, and managerial procedures to protect the information Lira Clinical collects online. Please understand, however, that while we try our best to safeguard your personally identifiable information once we receive it, no transmission of data over the Internet or any social media or other public network can be guaranteed to be 100% secure.

You need to help protect the privacy of your own information, including maintaining the confidentiality of any account information or access credentials. You must take precautions to protect the security of any personally identifiable information that you may transmit over any public or untrusted network by using encryption and other techniques to prevent unauthorized persons from intercepting or receiving any of your personally identifiable information. You are responsible for the security of your information when using unencrypted, open access, public or otherwise unsecured networks.

Children & Non-U.S. Users

Lira Clinical’s Website and Services are not directed to children under the age of sixteen (16), and Lira does not knowingly collect Personal Information from children under the age of 16. Lira does not sell consumer Personal Information. Please contact us if you believe we may have collected information from your child through our Website or mobile services and we will work to delete it.

The Services are governed by and operated in, and in accordance with the laws of, the United States, and are intended for users located in the United States. Lira Clinical makes no representation that the Website is governed by or operated in accordance with the laws of any other nation. As an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located anywhere outside the United States, including the European Union, please be aware that, since our Services are intended for users located in the United States, information we collect, including personal information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and you waive any claims that may arise under those laws. You understand that your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States. By using the Services or providing us with any information, you consent to the collection, transfer, processing and storage of your information in and to the United States. You are also consenting to the application of United States federal and California state law in all matters concerning the Services and this Privacy Policy.

The laws of the State of California shall govern any dispute, including those disputes arising from Lira Clinical’s use of Personal Information or otherwise relating to privacy, as specified in the Terms and Conditions, including the terms pertaining to dispute resolution, mandatory arbitration and Waiver of any class action rights. This Privacy Policy does not create rights enforceable by third parties.

California Privacy Rights

If you are a California resident, the California Consumer Privacy Act of 2018 (“CCPA”) grants you the right to request that we disclose to you, upon our receipt from you of a verifiable request, the following:

1. The categories of Personal Information we have collected about you.
2. The categories of sources from which the Personal Information is collected.
3. The business or commercial purpose for collecting or selling Personal Information.
4. The categories of third parties with whom we share Personal Information.
5. The specific pieces of Personal Information we have collected about you.

Lira Clinical does not sell consumer personal information. Lira may from time to time disclose consumer Personal Information for a business purpose, such as operational purposes, or other notified purposes, that are reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or processed or otherwise is compatible with the context in which the Personal Information was collected.

If you are a California resident, you have the right to request that we disclose to you, upon our receipt from you of a verifiable request, the categories of Personal Information that we have disclosed about you for a business purpose.

If you are a California resident, you also have the right under the CCPA to request the deletion of your Personal Information that we collect. All such requests are subject to verification according to methods determined by us. You may submit a request for the deletion of your Personal Information by sending an email to us.

Even though Lira does not sell consumer Personal Information, if you are a California resident, you also have the right under the CCPA to opt-out of the sale of your Personal Information. All such requests are subject to verification according to methods determined by us. You may submit an opt-out request by sending an email to Lira Clinical or by clicking the “Do Not Sell My Personal Information” link on the Website.

Upon our receipt of a request by a California resident to exercise rights under the CCPA, Lira first must verify that the person making a request is the consumer about whom we have collected information. Accordingly, we will ask you to confirm your date of birth and postal address, and we may also request a copy of your valid government-issued identification.

You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA. However, nothing prohibits us from charging a consumer a different price or rate, or from providing a different level or quality of goods or services to the consumer, if that difference is reasonably related to the value provided to the consumer by the consumer's data.

You may exercise any of the California Privacy Rights described in this section by sending such a request to us by email. Lira Clinical may ask you to verify your identity before taking further action on your request. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, a copy of your valid government-issued identification and your authorized agent's valid government-issued identification.

Please note that Lira is not required to comply with a California resident's request to delete Personal Information if it is necessary for us to maintain the Personal Information in order to:

1. Complete the transaction for which the Personal Information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of our ongoing business relationship with the consumer, or otherwise perform a contract between us and the consumer.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
3. Debug to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.
7. Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer's relationship with us.
8. Comply with a legal obligation.
9. Otherwise use the consumer's Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

If you are a California resident under 18 years old and a registered user of the Website, you can request that we remove content or information that you have posted to our Website or other online services. Note that fulfillment of the request may not ensure complete or comprehensive removal (eg, if the content or information has been reposted by another user). To request removal of content or information, please call +1 (877) 440-5472 or email such request to info@liraclinical.com. If you would like to mail your request, please direct it to:

Lira Cosmeceutical, Inc.
Attn: Legal Department
6909 Las Positas Rd
Livermore, CA 94551
Email: info@liraclinical.com

We will begin to process your request within 30 days of our receipt.

Notice of Financial Incentives

Lira Clinical may offer discounts, coupons and other benefits to consumers who provide their personal information by signing up for one of our loyalty programs or sweepstakes, opting in to marketing emails or text messages, participating in a marketing campaign or submitting a sweepstakes entry or survey response. The categories of personal information implicated by the financial incentive may vary, but typically will include your name, email and postal addresses, phone number, date of birth, gender, product preferences, skin care concerns and other interests and factors, depending on the offer. There is no obligation to opt in and consumers may opt out at any time. Lira does not calculate the value of consumer data in our accounting statements. However, to the extent these marketing programs involve the collection of personal information, California law may deem them to be financial incentives for which we must provide a disclosure to you. Based on our reasonable and good faith method, Lira estimates the value of your personal information to correlate to the value of the discount we provide to you after deducting the expenses related to the discount and factoring in the number of participants that take advantage of any promotion offer.

You may withdraw financial from any of the incentives by contacting Lira’s Customer Service department at +1 (877) 440-5472, by email through our Help and Contact page, or by unsubscribing from our marketing emails by clicking on the “unsubscribe” link that is provided at the bottom of the latest Lira Clinical email you received.

Nevada Privacy Rights

For Nevada residents, please note that we do not sell personal information as defined by Nevada law. However, you have the right to submit a request directing us not to sell any of your personal information. To request email confirmation that we do not sell your personal information, please email your request to us at info@liraclinical.com and specify in the subject line: Nevada Privacy Information Request.

Opt-Out, Corrections and Cancellations

To opt out of receiving marketing emails from us, follow the unsubscribe instructions located near the bottom of each email, or email your unsubscribe request to marketing@liraclinical.com. This opt-out shall not prohibit any disclosures made for non-marketing purposes.

Please note that even if you opt out of receiving marketing emails, Lira may continue to send you such communications by direct mail unless you opt out of direct mail, as specified below.

Lira Clinical collects postal mailing address information from you so that Lira Clinical may fulfill the orders you submit and to inform you of Lira Clinical programs, products and services in which you may be interested. You have the right to opt out of receiving postal mailings from Lira Clinical. If you do not wish to receive postal mailings, including printed offers, from Lira Clinical in the future, please send an email to info@liraclinical.com or write to us at the address listed below.

Upon your request, Lira Clinical will provide you with its record of the personal information you gave Lira Clinical at registration. For security reasons, this information will only be sent to the email address on file for the registered customer associated with it. If you have any questions about this Privacy Policy or would like Lira Clinical to correct any of your personal information, you can email your corrections to info@liraclinical.com. Lira will endeavor to comply with your requests as soon as reasonably possible, but changes requested by us may not be effective immediately. Lira Clinical is not responsible unless required by law, to inform third parties with whom we have already shared your information of any changes requested pursuant to this section. Lira is not responsible for removing information or causing information to be removed from the databases or records of such entities.

If you would like to mail your inquiry, please direct it to:
Lira Clinical, Inc.
Attn: Legal Department
6909 Las Positas Rd
Livermore, CA 94551
Email: info@liraclinical.com

If you have any questions or concerns about our privacy policies and practices, you may contact Lira Clinical’s Customer Service department.

If you have a disability that impedes you from accessing this Privacy Policy, you may call +1 (877) 440-5472 or email info@liraclinical.com for assistance in reviewing the Privacy Policy in an alternative format.

Indemnification

You agree to defend, indemnify, and hold harmless Lira Clinical and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, due to your use of Lira Clinical’s Websites in violation of this Agreement or any Breach by you of the Terms of Use. This provision does not apply to New Jersey residents.

Dispute Resolution and Arbitration Agreement

Informal Dispute Resolution

Notwithstanding anything to the contrary above, both you and Lira Clinical agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notices shall be sent

To Lira Clinical at: Lira Clinical Inc., Legal Department, 6909 Las Positas Road, Livermore, CA 94551, or
To you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and Lira Clinical agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration (“Arbitration Agreement”). You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Lira Clinical expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

You may begin an arbitration proceeding by sending a letter requesting arbitration to Lira Clinical, Attn: Legal Department, 6909 Las Positas Road, Livermore, CA 94551. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. Lira Clinical will reimburse those fees for claims totaling less than $10,000. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually-agreed location.

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Websites ends.

In lieu of arbitration, either you or Lira Clinical may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

Waiver of Right to Bring Class Actions and Representative Claims

All arbitrations shall proceed on an individual basis, and not on a consolidated, representative or collective action basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in a court of law, however, any relief must be individualized to you and shall not affect any other customer. You and Lira Clinical agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Lira Clinical hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Termination

With the exception of the Arbitration Agreement, which shall survive the termination of these terms, this Agreement and the Terms of Use shall remain effective unless and until terminated by either you or Lira Clinical. You may terminate this Agreement at any time. Lira Clinical also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Websites, if in Lira’s sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

Limitation of Liability

LIRA CLINICAL’S WEBSITES ARE PROVIDED BY LIRA CLINICAL ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIRA CLINICAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF LIRA’S WEBSITES. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITES, THAT YOUR USE OF OUR WEBSITES IS AT YOUR SOLE RISK. LIRA CLINICAL DOES NOT WARRANT THAT YOUR USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITES OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS

YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. NEITHER LIRA CLINICAL NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE ANY OF THE WEBSITES. LIRA CLINICAL IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITES OR ANY MATERIALS ON THE WEBSITES, OR WITH ANY OF LIRA CLINICAL'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.

This provision does not apply to New Jersey residents.

General

The foregoing Terms of Use govern all transactions between you and Lira Clinical through our Websites and supersede all prior agreements and representations. Headings are for reference purposes only and in no way define or limit the scope of the section. The failure of Lira Clinical to act with respect to a breach of the Terms of Use by you or others does not constitute a waiver and shall not limit Lira Clinical’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by the laws of the State of California without regard to principles of conflict of laws, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Lira Clinical's right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the Websites.