Privacy Policy | Ora Organic Supplements

Last Revised: Feb 13, 2020

This privacy policy (“Privacy Policy”) explains how Vital Amine, Inc. d/b/a Ora (“Ora,” “we,” ”us,” and “our”) collects, uses and discloses information related to our website available at www.ora.organic and all content or information therein and any subdomains thereof (collectively, the “Site”), products and services (collectively, the “Products”), and explains your choices regarding the collection, modification and use of such information. By accessing or using our Products, you (“you”) confirm that you have read, understood and agree to in the terms of this Privacy Policy. Your use of the Products is at all times subject to the Terms of Service located at www.ora.organic/terms (“Terms”), which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms.

We reserve the right to change this Privacy Policy at any time, so you should review this page periodically. We will notify you by email or via our Products prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit this Privacy Policy on a regular basis as revised versions will be binding on you. If you do not agree with the terms of the new Privacy Policy, you are free to reject them; unfortunately, that means you will no longer be able to access or use the Products. Your access or use of the Products in any way after a change to this Privacy Policy constitutes your acceptance of the new Privacy Policy.

Children’s Privacy

The Products are not directed at children younger than 13 years of age. You must be 18 years of age or older to use the Products. We do not knowingly collect or solicit personally identifiable information from children under 13 or knowingly allow such persons to use the Products. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [info@ora.organic].

Collection and Use of Information

We collect the information described below regarding you and other users in connection with the Products.

Information Provided by You or Authorized by You: When you sign up for an account or use our Products, you voluntarily provide certain information about yourself. This information can include your name, profile photo, email address, location, taste and lifestyle preferences, and product category preferences; and any other information that you provide. If you purchase products or services, then we will also ask for additional information, such as your credit card number and billing address.
You also may give us permission to access your information via third party services. For example, if you register for or log into the site via Facebook, you will be asked to approve Facebook’s sharing of selected information with Ora, including basic information from your public profile (such as your name, gender, and locale), your email address, your friend list, and your Facebook. If and when we add the ability to log in via third party services, analogous information sharing may occur. You should always review, and if necessary, adjust your privacy settings on third party websites and services before linking or connecting them to the Site or Products. You may also unlink your third party account from the Site or Products by adjusting your settings on the third party service.
In addition, Ora also collects and stores the content that you contribute to the Site, for example product recommendations, ratings, reviews, comments, questions, replies, “likes,” “helpful” votes, etc.

Information Collected Using Cookies and Other Technology: We may collect the following types of data via technology as you use our Products:

Log Data: When you use our Products, our servers automatically record information (“log data”) including information that your browser sends whenever you visit a website. This log data may include your Internet Protocol address, browser type and settings, the date and time of your request, how you used Ora, and cookie data.

Cookie Data: Depending on how you’re accessing our products, we may use “cookies” (a small text file sent by your computer each time you visit our website, unique to your Ora account or your browser), or similar technologies to record log data. When we use cookies, we may use either “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you or your browser deletes them). For example, we may use cookies to store certain preferences or settings. Some of the cookies we use are associated with your Ora account (including personal information about you, such as the email address you gave us). You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. You can find out more information about how to change your browser cookie settings at www.allaboutcookies.org. Note that some features of the Products may not function properly if the ability to accept cookies is disabled.

Pixel Tags: We may use “pixel tags” (tiny graphic images with unique identifiers, similar in function to Cookies, that are used to track online movements of Web users). In contrast to cookies, which are stored on a user’s computer hard drive, pixel tags are embedded invisibly in Web pages. Pixel tags allow us to send email messages in a format users can read, and they tell us whether emails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce, eliminate, or modify the types of emails that users receive. You may opt out of receiving this advertising by visiting https://app.retention.com/optout.

Device Information: In addition to log data, we may also collect information about the device from which you’re logging into Ora, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you use and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.

Use of Information: We use or may use the information collected as described herein, including to: (a) provide, improve and monitor the effectiveness of our Products or other businesses of Ora; (b) develop new products or services; (c) protect Ora and our users; (d) remember information so that you will not have to re-enter it during your visit or the next time you visit the Site; (e) provide custom, personalized content and information; (f) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (g) diagnose or fix technology problems; (h) help you efficiently access your information after you sign in; (i) send you updates, notifications, newsletters, marketing materials and other information that may be of interest to you; (j) respond to your questions or comments; and (k) process applicable payments and collect amounts that you owe Ora.

Disclosure of Information

We may share your information with third parties as described in this section.

Content: When you contribute content to our Site - for example product recommendations, ratings, reviews, comments, questions, replies, “likes,” and “helpful” votes - this content will be made publicly available on the Site (where it will be accessible by both registered and unregistered users), and will potentially be made available on partner sites as well. This content may also be featured or used in Ora or its related companies’ marketing materials. In addition, when you populate your public profile on Ora, that information is also accessible to anyone. You always have the option to delete a specific piece of content or terminate your account (resulting in removal of all of your content from display on the Site) at any time.

Social Networking Sites: We may share your information with third party social networking services if you have chosen to link to your Ora account to third party social networking services (e.g. Facebook), as the Products may allow you to choose to publish your activity on Ora to them. By default we will not publish your activity on Ora to such services without your express consent.

Third-Party Service Providers: We may share your information with third-party business partners, consultants and service providers that perform services on our behalf for the purpose of providing the Products to you (e.g., email providers, content or product fulfillment, analytics companies, etc.). Our business partners will be given limited access to your information that is reasonably necessary to deliver the Products. We may also share your information with our business partners who offer a service to you jointly with us, for example, when running a co-sponsored contest or promotion. From time to time, we may share your information with third parties who we think may offer you products or services you may enjoy.

Links to Third-Party Sites: We are not responsible for the practices employed by websites or services linked to or from the Products, including the information or content contained therein. Please remember that when you use a link to go from the Products to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our Site, are subject to that third party’s own rules and policies.

Affiliates and Acquisitions: We may share some or all of your information with any parent company, subsidiaries, joint ventures, or other companies under common control with Ora (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. We may buy or sell, divest or transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as name and email address, and other user information related to the Products (as described herein) will likely be among the items transferred in these types of transactions. We may also sell, transfer or assign such information in the course of corporate divestitures, reorganizations, mergers, acquisitions, bankruptcies, dissolutions, liquidations or similar transactions or proceedings involving all or a portion of the company.

Other disclosures: We may share your information to third parties without your consent if we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or Ora; or to detect, prevent, or otherwise address fraud, security or technical issues.

Aggregated Information: We may aggregate or anonymize information collected through the Products so that the information does not identify you. We may use or disclose aggregated, anonymized and other non-personally identifiable information for any purpose, including for research and marketing purposes, and our use and disclosure of such information is not subject to restriction.

Messaging Terms & Conditions

Ora Organic (hereinafter, "Ora Organic," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Messaging Privacy Policy.

By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. In arbitration there is less discovery and appellate review than in court. Please review carefully.

By opting in to or participating in any of our Programs, you represent and warrant that you do so because of a genuine desire to receive discounts, promotions, and other news or information from Us and not because of a desire or intent to initiate litigation or bring legal claims against any party. If you have requested to receive messages with a desire to bring legal claims against Us or any vendors acting on our behalf, then you shall immediately unsubscribe using the instructions set forth below and agree to indemnify Us and/or those vendors for any expenses, including attorneys’ fees, associated with defending such claims.

This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

1. User Opt In.

Consent to Receive Recurring Automated Messages. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (including cart reminders) from Ora Organic, including messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You further consent to receiving messages that include artificial or prerecorded voices. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.
No Time of Day Restrictions. While efforts are made to limit the delivery of messages outside of reasonable hours for most consumers, you understand and agree that We do not have the ability to target messages based on geographic location because federal law and privacy concerns prevent a consumer’s real-time location data from being shared with Us or our vendors by your wireless carrier. Further, technical issues, such as network congestion or your phone being disconnected from your wireless service, can result in messages being delivered at unexpected times. Therefore, you agree that your consent to receive marketing text messages includes consent to the delivery of such messages 24-hours per day. Your consent supersedes any state or federal regulation that might otherwise restrict the delivery of such messages and you waive any such claims.
Consent to Receipt of Electronic Information and E-Sign. Notwithstanding anything herein to the contrary, you understand that applicable law may require Us to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing messages. By opting-in to Our messaging program, you authorize Us to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing us at info@ora.organic. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access; and (ii) available storage space on that device to download a copy of this webpage of a connected printer to print a copy of this webpage.
Disclosure of Data and Receipt of One Time Messages to Identify Device and Prevent Fraud. You authorize the use or disclosure of information about your account and your wireless device, if available, by or to your wireless carrier, Ora Organic or Our service provider(s), including Stodge Inc. dba Postscript, to help identify you or your wireless device when you opt-in to receive text messages from any Postscript customer and to endeavor to detect and prevent fraud. Further, you consent to the transmission of one-time passcodes or other messages to confirm your intent to subscribe to our recurring message program. See our Messaging Privacy Policy for how we treat your data.

2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. To the maximum extent permitted by law, You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Ora Organic and its service providers will not have liability for failing to honor requests that are designed to circumvent the automated opt-out processes described above. You agree that other methods of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, may not be deemed to be reasonable methods of opting out. Our Do Not Call Policy is attached to these Terms of Service as Appendix A.

3. Other Terms and Policies. You also agree to our Messaging Privacy Policy, Ora Organic Terms of Service and Ora Organic Privacy Policy.

4. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of goods and services. Messages may include checkout reminders.

5. AI-Generated Message Content: You are advised that from time to time We may utilize certain generative artificial intelligence (AI) services provided by third-parties to develop or suggest the content of messages that we choose to send to you. This may include AI-generated voices. Some of these messages may be tailored to your interests based on information available to Us. By enrolling and remaining in the program, You agree to the use of AI and further that Our use of these AI services does not make those third-parties either senders or initiators of the messages or otherwise responsible for the messages.

6. Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.

7. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at info@ora.organic. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

8. RCS and MMS Disclosure. The Program may send SMS or MMS messages if your mobile device does not support RCS. The Program will send SMS messages if your mobile device does not support MMS messaging.

9. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

10. Supported Devices. The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Ora Organic, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

11. Contact. This Program is a service of Ora Organic, located at 2869 Historic Decatur Road, San Diego CA 92106, US.

12. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

13. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

14. State Telemarketing Law - Residence: To the extent the law is relevant and applicable to the Program, we endeavor to comply with applicable state telemarketing laws, including, but not limited to, the Florida Telemarketing Act and Florida Do Not Call Act, the Oklahoma Telephone Solicitation Act of 2022, the Maryland Stop the Spam Calls Act of 2023, New Jersey’s Senate Bill 921 (2023), and the Virginia Telephone Privacy Protection Act. For purposes of compliance with federal and state laws, you agree that we may assume that you are a resident of a particular state if, at the time of opt-in to the Program, the area code for the phone number used to opt-in to the Program is an area code associated with that state. Further, You agree that You will not assert that you are a resident of a state other than the state applicable to your area code unless you affirmatively advise us in writing that you are a resident of a specific state by sending written notice to us. You further agree that any mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “commercial telephone solicitation phone call”, “telephonic sales call”, “telemarketing sales call”, “telephone solicitation”, or “unsolicited telemarketing sales call” for purposes of federal and state laws, to the extent the law is otherwise relevant and applicable.

15. Subscribers Located in Texas: Insofar as Texas law applies to your receipt of one or more text messages, and for purposes of applying Texas Business & Commerce Code Sections 302.058 and 302.059, the parties agree to the following construction. First, the word “customer” shall be interpreted in a manner consistent with the broadest dictionary definition and common usage. Customer shall not be interpreted to require the purchase of a product or service. Second, the word “establishment” shall be interpreted in a manner consistent with the broadest dictionary definition and common usage. Establishment shall not be interpreted to require the operation of a physical store, but rather shall include establishments that sell goods and services through an online store.

16. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver).

Our Customer Service Specialists are ready to assist you and address your concerns—email us at: info@ora.organic.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Ora Organic WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Binding Individual Arbitration: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), such Dispute will be, to the fullest extent permitted by law and applicable rules, determined by arbitration before one arbitrator, provided, however, that no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Dispute will be given the broadest possible meaning permitted by law. It includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms and Conditions (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of a purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms and Conditions and our relationship with you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues that relate to the scope, validity, and enforceability of the Agreement. You and Ora Organic agree that these Terms and Conditions evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.

Mandatory Informal Dispute Resolution Process. If you and Ora Organic have a Dispute, you and Ora Organic agree to make a good faith effort to informally resolve it. The party initiating the Dispute must send a written notice to the other party that describes the Dispute. The notice must include all of this information: (a) the initiating party's contact information (including name, address, telephone number, and email address) (with their counsel's contact information, if represented); (b) sufficient information to enable the other party to identify any phone number(s), transaction(s), or account(s) at issue; and (b) a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation for such relief. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented).

If you have a Dispute with us, you must send this notice, including all of the information referenced above, by email to: info@ora.organic or by mail to: 2869 Historic Decatur Road, San Diego CA 92106, US. If we have a Dispute with you, we will send this notice, including all of the information referenced above, to you at the most recent contact information we have on file for you or, if we do not have a mailing address on file, you authorize us to text you at the phone number we have available to seek your mailing address.

For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), you and we (and counsel, if you and we are represented) agree to negotiate in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request a telephone or video settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Ora Organic representative will personally attend (with counsel, if you and we are represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period.

If the Dispute is not resolved within sixty (60) days after receipt of a completed notice (which period can be extended by agreement of the parties), you or Ora Organic may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to you or Ora Organic commencing any formal dispute resolution proceeding in arbitration or small claims court. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Nothing in this section limits the right of a party to raise the sufficiency of a notice or compliance with this Process or to seek damages for non-compliance with this Process in arbitration, including with a Process Arbitrator. You or we may commence arbitration only if the Dispute is not resolved through compliance with this Process.

Arbitration Generally; Relief Available. There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).

Arbitration Proceedings and Rules, Including Provisions Governing Mass Arbitrations. The following rules and procedures shall apply:

Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by the Terms. New Era ADR’s Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/. Please review these procedures carefully because they may impact how your complaint is handled and these procedures differ from those that would otherwise apply if you elected to pursue your claim individually in small claims court.
When You initiate arbitration, the only fee You are required to pay is New Era’s consumer filing fee, which is currently a maximum of $300 for a consumer. All other fees or expenses charged by New Era ADR will be paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose). You are responsible for fees and expenses owed to your legal counsel, if any, unless the arbitrator determines that an award of attorney’s fees is warranted under applicable law.
Mass Arbitration Provisions:

New Era ADR’s rules and procedures include unique procedures for “mass arbitrations,” which are situations in which five (5) or more cases are filed that arise out of common issues of law and fact and are brought by the same law firm or group of law firms. Mass arbitration procedures are designed to provide for a more cost-effective resolution of disputes. Those mass arbitration procedures call for a limited number of cases to be treated as “bellwether” cases to be resolved on the merits earlier than other cases. The outcome of bellwether cases may be treated as precedent in evaluating the remaining cases. You understand and agree that these Procedures for Mass Arbitrations will apply and that they are designed to (a) lead to the streamlined and cost-effective resolution of claims; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims; and (c) preserve the integrity of the arbitration process. You also understand and agree that by choosing to bring your Dispute as a part of a Mass Arbitration that the resolution of your Dispute might be delayed and ultimately proceed in court and not in arbitration. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and New Era ADR’s resources.
Only the presiding Neutral may make determinations of fact or reach conclusions of law with respect to a Mass Arbitration Proceeding. Ultimate authority to determine whether cases arise out of Common Issues of Law and Fact rests with the presiding Neutral. If the presiding Neutral determines that one or more cases assigned to a Mass Arbitration Proceeding do not arise out of Common Issues of Law and Fact, or otherwise do not meet the definition of a Mass Arbitration, each such case will be removed from the Mass Arbitration Proceedings. Each party will select one “Bellwether Case” from all the cases that were filed. Those Bellwether Cases will proceed individually, but in parallel to the extent possible. The Neutral will issue a reasoned Lead Decision in each Bellwether Case. Although a Neutral may consider the analysis and result reached in prior Lead Decisions in deciding disputes in the same Mass Arbitration proceeding the Neutral in all events must individually decide each claim asserted by each party in a Mass Arbitration proceeding, giving due consideration to the facts and arguments advanced by the Parties in each case.
New Era ADR’s rules and procedures provide parties to mass arbitrations with the right to obtain certain information relating to bellwether cases and decisions that may impact their cases. You are encouraged to review those rules closely to understand how your rights may be impacted.

If any provision of this Agreement is deemed by an arbitrator not to comply with the Minimum Fairness Standards published by New Era ADR and available at https://www.neweraadr.com/ then the Minimum Fairness Standards should be deemed to be incorporated by reference and any offending provision shall be deemed unenforceable.
The arbitrator shall be selected pursuant to New Era ADR's standard rank and strike process, as set forth in New Era ADR's General Rules and Procedures.
Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the state and Federal Judicial Circuit in which Ora Organic's principle place of business is located, without regard to its conflict of laws rules.
By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (a) the Dispute Resolution provisions of this agreement and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would.
The arbitrator may award any relief or remedy that would be available in a court of law, including attorneys’ fees and punitive damages where permitted by statute and is permitted to apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.
The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions. In the event of a Mass Arbitration, the parties agree that, for the sake of efficiency, an arbitrator’s written decision may address some or all of the cases jointly. However, a written decision that jointly addresses some or all of the cases does not conflict with the requirement that the Neutral in all events must individually decide each claim asserted by each party in a Mass Arbitration proceeding.
Notwithstanding anything contained in the New Era ADR rules, the decision of the arbitrator shall be final and binding on both parties, but either party shall have rights of appeal expressly provided in section 10 of the FAA.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in this Agreement, if Ora Organic makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to 2869 Historic Decatur Road, San Diego CA 92106, US, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Ora Organic.

No class actions or juries. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND Ora Organic ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN COURT AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding EXCEPT as provided in this Agreement.

Invalidity and Survivability. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Future Changes to Dispute Resolution Section. Notwithstanding any provision to the contrary, you and we agree that if Ora Organic makes any future changes to this arbitration agreement (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to Ora Organic at 2869 Historic Decatur Road, San Diego CA 92106, US. The written notice must include the following information: (a) your name, address, phone number, and email address and (b) a statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change to the arbitration agreement, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this version of the arbitration agreement.

17. Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Appendix A

Ora Organic
Do Not Call Policy: Text Messaging

Regulatory Summary Regarding The Telephone Consumer Protection Act (TCPA)

The federal Telephone Consumer Protection Act (TCPA), related FCC regulations, and related court interpretations protect consumers from specific types of telemarketing. Under the TCPA “telemarketing” is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.” 47 C.F.R. § 64.1200(f)(13). The TCPA imposes requirements for cold calls, prerecorded sales calls, and the use of autodialers. The TCPA also authorized the creation of the National Do Not Call Registry as well as internal Do Not Call lists. Various states have also adopted their own telemarketing laws.

Ora Organic is committed to complying with federal and state Do Not Call laws. This policy relates specifically to our compliance with those requirements for the purposes of sending SMS and MMS messages that constitute telemarketing. It is Our policy to not send telemarketing SMS and MMS messages to:

Any telephone number, using an automatic telephone dialing system, for which we have not received prior express written consent, as defined by the Federal Communications Commission; and
Any telephone number on Our Internal Do Not Call List.

We will maintain an Internal Do Not Call list and will promptly honor a request made in one of the following manners to place your telephone number Our Do Not Call list within a reasonable time of such request, not to exceed 10 business days from the date of said request. To be placed on Our Do Not Call list, you may:

Reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. Any other language used may not be recognized by Our system which may result in the request to opt-out not being processed.
Request to be put on Our list by contacting customer service at info@ora.organic and providing your name and telephone number.

Your telephone number shall be retained indefinitely on Our Do Not Call list unless you subsequently provide new prior express written consent to rejoin our SMS list. If you change your number, you must request for the new number to be put on Our Do Not Call list.

Terms and Conditions for User Generated Content

Vital Amine Inc. d/b/a Ora Organic (“Ora”, “we” or “us”) would like to use your images, photographs, videos, and other media, as well as associated material, including your name, images, voice, likeness, social media usernames, and other biographical material that you make available (collectively, the “Content”) as described below.

Thank you for letting Ora share your Content with the world! By making available any Content to Ora (including by posting Content on any Ora platform or any social media page maintained by Ora, or by posting Content with any hashtag publicized by Ora), or by otherwise indicating your acceptance, you are agreeing to these terms and conditions (the “Agreement”). You affirm that you are of legal age to enter into this Agreement, or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. This Agreement hereby incorporates by this reference any additional terms and conditions posted by Ora through its website at ora.organic, or otherwise made available to you by Ora. SUCH TERMS AND CONDITIONS INCLUDE DISCLAIMERS AND LIMITATIONS OF LIABILITY, AS WELL AS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

License. For the purposes of clarity, you retain ownership of your Content. You hereby grant to Ora a worldwide, royalty-free, non-exclusive, perpetual, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use your Content, in any format or media now known or later developed, including for marketing, publicity, promotion and exhibition purposes.

If you no longer want your Content used by Ora going forward, as described in this paragraph, you may notify us by email sent to info@ora.organic, stating your request and identifying the applicable Content. Within a reasonable time after receiving such notice, Ora will use reasonable efforts to stop using such Content for any new use (e.g., in any new social media post or new advertising campaign); provided, however, that Ora reserves the right to continuing using such Content for any existing use, and, for clarity, is under no obligation to delete or restrict any copies of Content already created or made available.

You represent and warrant that you have all rights necessary to grant this license, that your Content is complete and accurate and is not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party, including publicity and privacy rights, and that you have obtained (and, upon request by Ora, will provide to Ora written copies of) any necessary waivers and consents from third persons whose name, image, voice, likeness or other material appear in your Content. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the Content that you may have under any applicable law under any legal theory.
Personal Information. You acknowledge that your personal information will be subject to our Privacy Policy, currently available at [URL]. To the extent that any personal information of third persons is included in your Content, you represent and warrant that you have obtained all necessary consents from such third persons to make their personal information available subject to our Privacy Policy.
General. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Ora. If any provision of this Agreement is found unenforceable for any reason, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. This Agreement contains all the terms of our agreement relating to its subject matter.

Information Choices

If you have an Ora account, many of the information choices you have on Ora are built directly into the Products or your account settings. For example, you can:

Link or unlink your Ora account from an account on another service (e.g., Facebook). Eventually we plan to automate this process, but for now please contact us at info@ora.organic to do this.
Limit or change information available in your public profile page at any time
Delete a specific piece of content at any time
Close your account at any time. To close your account, please contact us at info@ora.organic.

You may have choices available to you through the device or software you use to access Ora. For example:

The browser you use may provide you with the ability to control cookies or other types of local data storage;
Your mobile device may provide you with choices around how and whether location or other data is shared with us.

To learn more about these choices, please see the information provided by the device or software provider. We do not yet support the Do Not Track browser setting.

In addition to the above, you may update your information and email-communication preferences at any time by emailing us at info@ora.organic. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. You may not opt out of Products-related communications (e.g., changes/updates to features of the Products, technical and security notices). If you have any questions about reviewing or modifying your information, you can contact us directly at info@ora.organic.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of information which we share with our affiliates or third parties for marketing purposes, and providing contact information for such affiliates or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: info@ora.organic or the postal mail address located below.

Retention

We will keep your information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained information will remain subject to the terms of this Privacy Policy. You acknowledge that if you request that your name be removed from our databases, it may not be possible to completely delete all your information due to technological and legal constraints.

Data Storage & Security

Your information collected through the Products may be stored and processed in the United States or any other country in which Ora or its subsidiaries, affiliates or service providers maintain facilities. Ora may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Ora or its subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

We use commercially reasonable efforts to protect the information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially reasonable means to protect your information, Ora cannot ensure or warrant the security of any information you transmit to Ora or guarantee that information on the Products may not be accessed, disclosed, altered, or destroyed. You acknowledge the foregoing, and that you are also responsible for helping to protect the security of your information. For instance, you should never give out your account information for the Products to third parties.

A notice to California customers on CCPA

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA.”

Section	What information you can find there
What information Ora collects and why	We collect information provided by you when visiting our site, when using our products, and through third-party sites that you voluntarily link your account to, such as Facebook or Instagram.
What information Ora does not collect	We don’t collect information from children under 13.
How we share the information we collect	We may share information to service you, your requests, and may periodically share information with vendors. We do not sell your information.

For more details about the personal information we have collected over the last 12 months, including the categories of sources, please see the Collection and Use of Information sections above. We collect this information for the business and commercial purposes described in the Disclosure of Information section above. Ora does not sell (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out). Please note that we do use third-party cookies for our advertising purposes as further described in our Cookie and Pixel Tag Policies.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.

California consumers may make a request pursuant to their rights under the CCPA by contacting us at either our contact email or phone number as listed in the Contact Us section below. We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

Links to Third Party Websites and Services

We are not responsible for the practices employed by websites or services linked to or from the Products, including the information or content contained therein. Please remember that when you use a link to go from the Products to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our Site, are subject to that third party’s own rules and policies. This Privacy Policy does not apply to information we collect by other means (including offline) and from other sources other than through the Products.

Contact Us

If you have any comments or questions regarding this Privacy Policy you may contact Ora via the postal mail address, email or phone number below:

Vital Amine, Inc. d/b/a Ora
702 San Antonio St
Austin, TX 78701
info@ora.organic
(858) 429 /- 5591

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