Introduction
Last Updated: Sep 12, 2024
The ULURU website (“Site”) and the ULURU platform (“Platform”) are operated by Elula, Inc. (“ULURU,” “we,” and “our”). These terms of service (“Terms”), which include our Privacy Policy, govern your use of our Site and Platform. By using our Site and Platform, you agree to these Terms. We may modify these Terms at any time by posting a revised version on our Site and Platform or, if we determine appropriate, by sending you an email or other notice.
Please review these Terms from time to time because your continued use of our Site and Platform after modified Terms have been posted indicates your consent to the Terms.
Access to Site and Platform
You may freely access the public areas of our Site. You may contact us through our Contact form, take our initial screening or participate in other activities we offer on our Site. To obtain access to features on password protected areas of our Site, such as the ULURU Platform, you will need to register by creating an account on our Site and, where required, to sign applicable forms or agreements.
The services and information provided through the Platform are intended to be provided to individuals and not to organizations, so please do not sign up or register for our Platform on behalf of an organization.
Our Site and Platform are intended to empower parents and families to navigate the educational landscape by helping students understand the process of learning with cognitive principles. Anyone who accesses an account is bound by all terms and conditions applicable to the account.
You are responsible for all activity under your account. You must keep your username and password confidential, and you may not give any person who has not been authorized in accordance with our policies and procedures access to your account. Please notify us immediately if you become aware that anyone has obtained or attempted to obtain unauthorized access to your account.
You represent and warrant that all information you provide on our Site, Platform and as part of your account profile is accurate and complete.
We reserve the right, in our sole discretion, to suspend or terminate access to an account, the Platform and to our Site at any time if we suspect non-compliance with these Terms or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect any person is using or attempting to use our Site or Platform in any way that violates these Terms, our policies and procedures or any applicable law or regulation.
Unless you notify us immediately about any security breach concerning your username and password, we will assume that all instructions and information entered using your username and password have been authorized by you, and we will have no obligation to inquire about instructions and no responsibility or liability to you or to any other person for any claims regarding use of your username or password.
Accordingly, you should take steps to protect the confidentiality of your username and password and you accept full responsibility for the monitoring of your account.
Nevertheless, if we suspect that someone has accessed an account without being authorized in accordance with our policies and procedures, even if done with an account holder’s permission, we reserve the right to deny access or decline recommendations or other instructions and you agree to cooperate with us in any investigation and take corrective measures to protect your account from further fraudulent activity.
Additional agreements, such as our Subscription Agreement, terms, conditions, policies and rules (“Additional Terms”) may be provided specifically for certain services on our Site and Platform. Subject to applicable law, the Additional Terms will apply to those services as well as these Terms, although if any terms conflict, the Additional Terms will prevail unless expressly stated otherwise.
Subscription Fees to Platform
You may have access to a beta version of the Platform for free. After completion of the beta phase, your use of the Platform may require you to pay fees by purchasing a subscription through the Site, which will be subject to the terms and conditions of our Subscription Agreement. We reserve the right to determine pricing for the Platform in our sole discretion.
Acceptable Conduct On our Site and Platform
You agree not to use our Site or Platform for any purpose that is unlawful or prohibited by these Terms, including attempting to or actually: (i) undertaking or encouraging conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any local, state, Federal or international law or regulation; (ii) interfering with the operation or integrity of the Site or Platform or circumventing any Site or Platform security; (iii) imposing an unreasonable load on the Site’s or Platform’s infrastructure or infecting them with viruses, worms or other malicious elements; (iv) accessing any restricted areas of the Site or Platform without appropriate authorization in accordance with our policies and procedures or for which we have revoked your access; (v) collecting or scraping data about other users or harvesting data from the Site or Platform using robots, spiders, scripts, software or any manual or automatic device, tool or process to populate databases or collect Content, data or information for any purpose; (vi) providing false or misleading information including impersonating any person or entity; (vii) “deep linking,” “framing” or “mirroring” any Content; (viii) using the Content or any user data for the development of any software program, database, model, algorithm or generative artificial intelligence (“AI”) tool, including but not limited to training, fine tuning or otherwise using the Content or user data in connection with the development or operation of a machine learning or AI system; (ix) using the Site or the Platform to promote or advertise products or services or for other commercial purposes; or (x) uploading any unlawful, defamatory, obscene, pornographic, vulgar, threatening, misleading or false information or material that infringes any intellectual property or other right of any third party or that constitutes unsolicited advertising or other forms of solicitation such as “spam,” “junk mail” or “pyramid schemes.”
Copyright
Content on our Site and Platform (together “Content”) is protected by copyright. Except as expressly indicated otherwise in these Terms or on our Site or Platform, you may download Content solely for your limited, personal, non-commercial use as long as you do not alter the Content or remove any trademark, copyright or other notices displayed on the Content. Aside from expressly permitted uses, you may not reproduce, distribute, create derivative works of, publicly display or perform the Content in any manner, or for any other purpose, without our prior written consent in each case. If you would like to use Content for any other purpose, please send your request to hello@theuluru.com.
Trademarks
Our name and our trademarks and service marks, including ULURU and the ULURU logo, and all other marks, logos, slogans, and other indicia of source (collectively, “Our Trademarks”) are owned by ULURU. You may not use Our Trademarks without our prior written consent in each case, including in any manner that implies that we sponsor, endorse or are otherwise the source of or affiliated or connected with a product, service, entity or activity or that would be likely to cause confusion among the public.
For example, you may not use Our Trademarks without our consent in a manner that creates the mistaken belief that we have authorized or licensed such use. Unless you have obtained our prior written consent in each case, you may not use metatags or any other “hidden text” that incorporates Our Trademarks, or words confusingly similar to Our Trademarks.
Third-Party Sites
Our Site and Platform may include links to web sites controlled and maintained by third parties (“Third-Party Sites”). We are not responsible for Third-Party Sites and providing links to Third-Party Sites does not mean we endorse any Third-Party Site’s content, activities, policies or practices. Any information you share with or actions you take on Third-Party Sites are governed by the applicable Third-Party Sites terms of use and privacy notices, which you should review carefully.
Disclaimers
OUR SITE, PLATFORM, SERVICES AND CONTENT ARE OFFERED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US) AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY SERVICES, CONTENT OR INFORMATION AVAILABLE THROUGH OUR SITE OR PLATFORM (OR THROUGH LINKS TO THIRD-PARTY SITES), INCLUDING THAT OUR SITE, PLATFORM, SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OTHER ISSUES CONCERNING OUR SITE, PLATFORM, SERVICES AND CONTENT. IF YOU RELY ON OUR SITE, PLATFORM, SERVICES OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS OR OTHER HARMFUL ELEMENTS TO OUR SITE AND PLATFORM, WE DO NOT WARRANT THAT OUR SITE, PLATFORM, SERVICES OR CONTENT WILL BE FREE FROM SUCH ELEMENTS AND ULURU IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR CREATING, UPDATING AND STORING ANY NECESSARY BACKUP AND ARCHIVAL COPIES OF DATA AND ACCOUNT INFORMATION AS MAY BE NEEDED IN CASE OF ANY COMPUTER NETWORK OR OTHER SYSTEM FAILURE.
No Medical Advice; Assumption of Risk and Release
ULURU is not a licensed medical care provider. By providing you the Site, Platform and the services, tools and information available through it, ULURU is not providing medical advice, treatment or a diagnosis and use of the foregoing is not intended as a substitute for professional medical care. Any written material provided by ULURU is for informational purposes only and is not intended to replace the relationship between you and your physician or other healthcare professional.
You are solely responsible for your use of the Site, Platform, and the services, tools and information available through it and for your health and medical care, as well as the health and medical care of any user of the foregoing for whom you are the parent or legal guardian.
You knowingly and willingly assume all risks associated with such use and hereby release ULURU from any claim of any nature, known or unknown, that you may ever have arising from your use and you waive all rights and benefits under California Civil Code Section 1542, which states that “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party” as well as the benefits under similar laws in other states.
Limitation of Liability
ULURU AND ITS DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, DAMAGE, LIABILITY OR INJURY ARISING FROM YOUR USE OF OUR SITE, PLATFORM, SERVICES, CONTENT OR INFORMATION AVAILABLE THROUGH IT (INCLUDING WITHOUT LIMITATION PERSONAL INJURY/WRONGFUL DEATH) OR FROM YOUR BREACH OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL ULURU OR ITS DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OF THE FOREGOING OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY DIRECT OR OTHER DAMAGES OF ANY NATURE ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, ANY OF THE FOREGOING IS $US 100. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold ULURU and its directors, trustees, officers, employees and agents (the “indemnified parties”) harmless against all liabilities, losses, damages and costs (including reasonable attorneys’ fees) that any of the indemnified parties may incur arising out of or related to your use of our Site, Platform, services, content or information available through them or your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.
Termination
We reserve the right to terminate these Terms, our Site, Platform, and any services, content or information offered through them at any time without notice for any reason. The “Disclaimers,” “Limitation of Liability,” “No Medical Advice; Assumption of Risk and Release,” “Indemnification” and “General” sections of these Terms, along with any other provision that by its terms contemplates survival, will survive any termination.
General
These Terms, which include the Privacy Policy and, as applicable, Additional Terms, are the complete agreement between you and ULURU regarding your use of our Site and Platform and supersede all other agreements (oral or written) between you and ULURU. These Terms are governed by and should be construed according to the laws of the State of New York applicable to agreements made and performed in New York, unless doing so would lead to the application of the laws of another jurisdiction. If you choose to access our Site and Platform from jurisdictions other than the United States, you do so at your own risk, and you are responsible for complying with applicable local laws. You irrevocably hereby agree: (A) to bring any claim or dispute relating to your use of our Site, Platform and these Terms exclusively in the state and federal courts located in the State and County of New York; (B) to submit to the exclusive jurisdiction of those courts; and (C) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without our prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted, or if possible, modified in a manner that will reflect the original intent as closely as possible, and the remaining provisions will be enforceable to the fullest extent permitted by law. The failure of a party to assert any right under these Terms will not be considered a waiver of that party’s right unless the waiver is in writing. The term “including” in these Terms is intended to be illustrative and means “including without limitation.”
Questions
Please contact us at hello@theuluru.com with any questions you may have about these Terms.