Last Updated: March 4, 2022

We at Inolex Inc. (“Inolex”) respect your concerns about privacy. This Privacy Policy describes the types of personal information we collect, how we use the information, with whom we share it, and the rights of and choices available to individuals regarding our use of their information. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices and to exercise your rights.

If you reside in the State of California, please see the Privacy Notice for California Residents below to learn more about your privacy rights. To the extent that there is a conflict between this Privacy Policy and the Privacy Notice for California Residents, the Privacy Notice for California Residents will prevail with respect to California Residents (as defined below) only.

A. CONSENT

By accessing or using the services, you consent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not access or use the services. Information gathered through the services may be transferred, used, and stored in the United States or in other countries where our service providers or we are located. If you use the services, you agree to the transfer, use, and storage of your Personal Data (as defined below) in those countries. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the services or Inolex are deemed to occur in the United States, where our servers are located.

B. COLLECTION OF INFORMATION

Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary for us to provide you with our services and to protect your “Personal Data,” as explained below:

• Information including first name, last name, company, address, and email address, may be collected at the time you subscribe to our newsletters.
• Information including first name, last name, email, phone, and other information you voluntarily provided when contacting us may be collected if you contact us through this website.
• If you contact our customer service department, we may record your conversation with us and collect additional information to verify your identity.
• From time to time, we collect information about our customers and prospective customers during trade shows, industry events and other functions. The information we may collect at these events includes, but not limits to, first name, last name, address, phone number, fax number and email address.
• When you visit this site, we may collect Personal Data and Non-Personal Data (as defined below) by automated means, such as cookies, web beacons and web server logs. The information we may collect in this manner includes IP address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on this site, dates and times of visits to this site and other usage statistics. A “cookie” is a file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon”, also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and is used to transmit information collected through cookies back to a web server. Through these automated collection methods, we may obtain “clickstream data,” which is a log of the links and other content on which a visitor clicks while browsing a website. As the visitor clicks through the website, a record of the action may be collected and stored. We link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know, for example, whether you have opened an email we sent to you. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of this site. To the extent required by applicable law, we will obtain your consent before collecting personal information using cookies or similar automated means.

We also collect non-Personal Data relating to the services, that is, information that does not personally identify an individual (“Non-Personal Data”). The Non-Personal Data we collect includes how you interact with the services, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the services.

Examples of the Non-Personal Data we collect are:

• The pages of our website that you viewed during a visit;
• What information, content or advertisements you view or interact with using the services;
• Language preferences;
• The city and state in which you are located (but not your precise geographic location); and
• Unique identifiers that are not connected and cannot reasonably be connected to your identity.

We will not use Non-Personal Data to try to identify you, and if we associate any Non-Personal Data with information that personally identifies you, then we will treat it as Personal Data. As discussed in more detail below, we sometimes use cookies and other automatic information gathering technologies to gather Non-Personal Data.

C. USE OF PERSONAL DATA

We collect and use your Personal Data for the following purposes:

• verifying your identity;
• creating and managing online accounts;
• managing our customer and vendor relationships;
• sending promotional materials;
• communicating about employment opportunities;
• communicating about, and administering participation in, special events, promotions, programs, offers, surveys, contests and market research;
• responding to individuals’ inquiries;
• operating, evaluating and improving our business (including developing, analyzing and improving our services; managing our communications; performing data analytics; and performing accounting, auditing and other internal functions);
• protecting against, identifying and seeking to prevent fraud and other unlawful activity, claims and other liabilities;
• complying with and enforcing applicable legal requirements, relevant industry standards, contractual obligations and our policies;
• alerting about product safety issues; and
• personalizing your user experience based on your browsing records, equipment information we collected and your order history; performing research or statistical analysis to improve the content and layout of our website, and to improve our product offerings and services.

We may also use your Personal Data for other purposes that are not incompatible with the purposes we have disclosed to you (such as archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes) if and where this is permitted by applicable data protection laws.

D. INFORMATION WE SHARE

We share the Personal Data and Non-Personal Data we collect from you with vendors and Service Providers who perform services on our behalf based on our instructions. We do not authorize these vendors and Service Providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. By “Service Providers” we mean companies, agents, contractors, service providers, or others engaged to perform functions on our behalf (such as processing of payments, provision of data storage, hosting of our website, marketing of our products and services, and conducting audits). When we use a Service Provider, we require that the Service Provider use and disclose the Personal Data and Non-Personal Data received from us only to provide their services to us or as required by applicable law.

In addition, we may disclose information about you if we are required to do so by law or legal process; to law enforcement authorities or other government officials based on a lawful disclosure request; and when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity. We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).

Information collected through third-party plug-ins and widgets on this site (such as information relating to your use of a social media sharing tool) is collected directly by the providers of the plug-ins and widgets. This information is subject to the privacy policies of the providers of the plug-ins and widgets, and Inolex is not responsible for those providers’ information practices.

Lastly, we may also disclose Non-Personal Data, aggregated with information about our other users, to our clients, business partners, merchants, advertisers, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.

E. RIGHTS REGARDING PERSONAL DATA

We offer you the option to personalize certain aspects of the Personal Data we collect about you and how we communicate with you. To update your preferences, ask us to remove your information from our mailing lists, exercise your rights or submit a request, please contact us as indicated in the “how to contact us” section of this Privacy Policy. To the extent provided by the law of your jurisdiction, you may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by contacting us as indicated below. But, we may need to retain your personal information for legal reasons or for legitimate business purposes. However, we (and you) are not able to control information that you have already shared with other users or made available to third parties through the services. Where provided by law, you may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.

We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your Personal Data. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Please be aware that if you ask us to delete your Personal Data, you may not be able to continue to use the services. Also, even if you request that we delete your Personal Data, we may need to retain certain information for a limited period of time to satisfy our legal, audit and/or dispute resolution requirements.

Visitors from the European Union, you may have additional rights not afforded by the privacy laws of other countries. Your rights are specified below in the section entitled. “Visitors from the European Union”.

If you have any questions regarding this Privacy Policy or if you wish to access or correct your Personal Data, you may send your request to privacy@inolex.com.

F. COOKIES

Cookies, Beacons, and Clickstream

We use "cookies" to store specific information about you and track your visits to our sites, either through a computer or via a mobile device. A "cookie" is a small amount of data that is sent to your browser and stored on your computer's or mobile device’s hard drive. If you do not de-activate or erase the cookie, each time you use the same browser or mobile device to access our sites our web servers will be notified of your visit to our sites and in turn we may have knowledge of your visit and the pattern of your usage. The cookies will enable us to remember your information so you do not have to re-enter it every time you use the Site. You can determine if and how a cookie will be accepted by configuring the privacy setting of the browser you are using to access our sites or the privacy setting of your mobile device. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information. If you adjust the privacy setting in the browser, your mobile device will continue collecting data unless you adjust the privacy setting of the device, and vice versa. Certain features of the Site depend on cookies. Please be aware that if you choose to block cookies, you may not be able to sign in or use those features, and preferences that are dependent on cookies may be lost.

We use “web beacon” to be informed of your interaction with our website. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and is used to transmit information collected through cookies back to a web server.

Through cookies and beacons, we may obtain “clickstream data,” which is a log of the links and other content on which a visitor clicks while browsing a website. As the visitor clicks through the website, a record of the action may be collected and stored. We link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know, for example, whether you have opened an email we sent to you. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of this site. To the extent required by applicable law, we will obtain your consent before collecting personal information using cookies or similar automated means.

Google Analytics

Our Sites uses Google Analytics, an internet analytics service provided by Google, Inc., 1600 Amphitheater Parkway Mountain View, California, 94043, USA ("Google"). Google Analytics uses "cookies", which are text files that are stored on your computer and used to analyze the use of our sites. For example, Google's cookies allow us to tell us which pages our users are viewing, which ones are most popular, what time of day our sites are visited, if users have previously visited our Sites, from which website users are redirected to our Sites were and the like. The data generated by the cookie about your use of our sites will be transmitted to Google and stored by Google on servers in the United States. For more information about Google Analytics cookies, visit the Google Help pages and Privacy Policy:

Google Privacy Policy: https://policies.google.com/privacy

Google Analytics Help Center: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage

To opt-out from the use of Google Analytics: http://tools.google.com/dlpage/gaoptout

Third Party Plug-ins

The providers of third-party apps, tools, widgets and plug-ins on our sites, such as social media sharing tools, also may use automated means to collect information regarding your interactions with these features. This information is collected directly by the providers of the features and is subject to the privacy policies or notices of these providers. Subject to applicable law, Inolex is not responsible for these providers’ information practices.

G. MINORS

We do not knowingly collect information about minors (those under the age of 18) and we do not intend to sell any of our products or services to minors. If a minor has provided us with Personal Data accidentally, the parent or guardian should inform us to remove the information by sending a request to privacy@inolex.com.

H. SECURITY MEASURES

We employ commercially reasonable security methods to prevent unauthorized access to our sites, to maintain data accuracy and to ensure the correct use of the information we hold. We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its security.

We restrict access to Personal Data in our possession to our employees and Service Providers, who need to know that information in order to operate, develop, improve or support our services. If we share Personal Data with Service Providers, we take reasonable measures to require that they also use reasonable information security measures to safeguard your Personal Data, comply with any applicable laws or regulations with respect to information security.

I. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws.

Any changes to this Privacy Policy will be communicated by us posting an amended Privacy Policy on this site. Once posted on this site, the new Privacy Policy will be effective immediately. You can see when this Privacy Policy was last updated by checking the “Last Updated” date displayed at the top of this Privacy Policy.

J. RESIDENTS OF NEVADA OR CANADA

Residents of Canada

If you have an objection to the use of your Personal Data as described in this Privacy Policy, you may file a complaint by sending an email to privacy@inolex.com. We will attempt to accommodate your objection or complaint, but you understand that, to the extent you object to our processing of Personal Data that is necessary for us to provide the services to you, certain features and functionalities of the services may no longer be available to you. Nothing in this Privacy Policy prejudices your rights to file a complaint with the Office of the Privacy Commissioner of Canada, and/or with any other applicable data protection authorities.

Residents of Nevada

We do not sell your Personal Data. However, you may contact us at privacy@inolex.com with questions.

K. VISITORS FROM THE EUROPEAN UNION

This section of the Privacy Policy applies only if you use this site or services covered by this Privacy Policy from a country that is a Member State of the European Union.

Legal Basis for Data Processing

We process Personal Data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process Personal Data will depend on the Personal Data concerned and the specific context in which we collect it. We normally collect and process Personal Data about you only when necessary for the performance of our business; necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement); necessary for our legitimate interests and not overridden by your rights; and/or where it is based on your consent.

If we collect and use your Personal Data in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our websites and services, manage our relationship with you and communicate with you as necessary to provide our services to you and for our legitimate commercial interest, for instance, when responding to your queries, improving our websites and our services, undertaking marketing, or for the purposes of ensuring the security of our websites and services and detecting or preventing illegal activities such as fraud. We may have other legitimate interests and if appropriate we will make clear to you at the relevant time what those legitimate interests are.

If we ask you to provide Personal Data to comply with a legal requirement or to enter into a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data). In some instances, you may be required to provide us with Personal Data for processing as described above, in order for us to be able to provide you all of our services, and for you to use all the features of our sites.

We retain your Personal Data as long as we have an ongoing legitimate business need to do so for example to provide services or products to you, or as required or permitted by applicable laws, such as product safety regulations, tax and accounting laws, etc. When we have no ongoing legitimate business need to process your Personal Data, we will either delete or anonymise it or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.

Internal Transfers of Personal Data

Our business may require us to transfer your Personal Data to countries outside of the European Economic Area (“EEA”), including to countries that may not provide the same level of data protection as your home country such as the United States. We take appropriate steps to ensure that recipients of your Personal Data are bound to duties of confidentiality and we implement appropriate measures to ensure your Personal Data will remain protected in accordance with this Privacy Policy.

Your Rights

If you are a resident of the European Economic Area, you have the following data protection rights, which you can exercise at any time by contacting us using the contact details provided under section “how to contact us” below.

• The right to access, correct, update or request deletion of your Personal Data.
• The right to object to processing of your personal information when it is based on our legitimate interests, and separately the right to object to direct marketing.
• The right to ask us, in some situations, to restrict processing of your personal information or request portability of your personal information.
• The right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you.
• If we have collected and process your personal information with your consent, then you have the right to withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• The right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

L. JOB APPLICANTS

If you have applied for employment with Inolex, the Personal Data submitted with your job application will be used to process and consider your job application. We will not sell the data on your application to unaffiliated third-parties for their marketing purposes. We may share the data on your applications with recruiters, consultants, attorneys, background services and our affiliates. The data on your application may also be used for certain regulatory, compliance and legal purposes, consistent with this Privacy Policy.

To the extent of the Personal Data you provide, you expressly authorize Inolex to handle such details for the purposes of your job application and for the other purposes described herein.

By submitting data to us online, you are sending it to the United States, where it will be subject to the protections afforded under US laws that may be different from the laws in your country and which your country may consider not to provide adequate privacy protections. If you do not agree that your submission of your application data will be governed solely by United States law, Inolex will not accept your application.

M. HOW TO CONTACT US

If you have any requests, questions or concerns about our use of your Personal Data and this Privacy Policy, please contact us at privacy@inolex.com. Or write to:

Inolex Inc.

Attention: Privacy Officer

601 Walnut Street, Suite 220

Philadelphia, PA 19106 USA

Privacy Notice for California Residents

This Privacy Notice for California Residents (the “Notice”) supplements the information contained in our Privacy Policy and applies only if you are resident of the State of California (a “California Consumer”).

For purposes of this Notice “Sell,” “Selling,” “Sale,” or “Sold,” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, Personal Data to another business or a third party for monetary or other valuable consideration.

“Verifiable Request” means that the identifying information provided by a California Consumer in connection with a request matches the personal information of the California Consumer already maintained by us or a third-party verification service. Identifying information you can submit in order to permit Inolex to verify your request may include your name, company name, email address, and phone number.

a) Information We Collect

In the past twelve (12) months, Inolex has collected the following categories of Personal Data from California residents:

• Account Identifiers (first and last name, age, email address, and phone number).
• Usage Information (IP address, unique device identifiers (such as account authentication token and password tokens)).
• Communications with our Customer Service Department – Information about your conversations with our customer service department that we may collect in order to verify your identify.
• Geographic Location (the city and state in which you are located, but not your precise geographic location)
• Customer and Prospective Customer Information – Information about our customers and prospective customers that is collected during trade shows, industry events and other functions (first name, last name, address, phone number, fax number and email address).
• Other information which is not required to use our services but that you choose to provide to us on an online form, or messages that you send through the services.

Inolex obtains this Personal Data directly from you. For example, from forms you complete or products and services that you purchase.]

b) Use of Personal Data

Inolex may use, or disclose the Personal Data we collect for one or more of the following “Business Purpose(s):”

• To fulfill or meet the reason you provided the information
• To provide our website, online services
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations
• To respond to your requests under the California Consumer Privacy Act of 2018 (the “CCPA”)
• For any other purpose described to you when we collect your Personal Data; and
• For any other acceptable purposes as set forth in the CCPA.

Unless we notify you otherwise, we will not collect additional categories of Personal Data, nor use the Personal Data we collect for any other materially different, unrelated, or incompatible purposes.

c) Sharing Personal Data

Within the last twelve (12) months Inolex has disclosed your Personal Data as described in this Notice.

Inolex discloses Personal Data to third parties for a Business Purpose. When we disclose Personal Data for a Business Purpose, we enter into an agreement with the receiving party that describes the purpose for sharing the Personal Data, and that requires the receiving party to keep that Personal Data confidential and not use it for any purpose other than performing the services according to the agreement.

We may disclose your Personal Data with the following categories of third parties: Service Providers, as described in our Privacy Policy.

In the past twelve (12) months, Inolex has not Sold any Personal Data about its California Consumers.

d) Your Rights and Choices

If you are a California Consumer, you may request information about our collection, use, disclosure and Sale of your Personal Data over the past twelve (12) months, whether or not it was collected electronically. If you submit a Verifiable Request, we will disclose:

• the categories of Personal Data we have collected about you; the categories of sources from which your Personal Data was collected; our business or commercial purpose for collecting or Selling your Personal Data; the categories of third parties with whom we share that Personal Data; and the specific pieces of Personal Data we collected about you; and
• if we Sold or disclosed your Personal Data for a Business Purpose: what categories of Personal Data we Sold, and to which categories of recipients we Sold it to; and what categories of Personal Data we disclosed for a Business Purpose, and to which categories of recipients we disclosed it to.

You also have the right to request that we delete any of your Personal Data that we collect or maintain by submitting a Verifiable Request. We may deny your deletion request if retaining your Personal Data is necessary for us or our service providers to:

• Complete the transaction for which we collected your Personal Data, provide goods or services that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
• 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 the information’s deletion may likely render impossible or seriously impair the achievement of such research, if you previously provided informed consent;
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• Comply with a legal obligation; or
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

If you choose to exercise a privacy right under the CCPA, you have the right not to receive discriminatory treatment.

You may submit a Verifiable Request for the information listed above, or exercise any of your rights enumerated under this Notice, by emailing us at privacy@inolex.com, or by calling us at 1-800-521-9891, or by completing a form on our website at https://inolex.com/contact. You may also submit a Verifiable Request on behalf of your minor child.

After we receive your Verifiable Request, we will provide to you, in writing and free of charge (unless your request is excessive, repetitive, or manifestly unfounded), the requested information for the twelve (12)-month period preceding your request. You can choose to have this information delivered to you by postal mail or electronically. We will try to respond to your verified request within forty-five (45) days of receipt, but if we require more time (up to another forty-five (45) days) we will inform you of the reason and extension period in writing. Please note that we are not required to comply with your request for information more than twice each year. If applicable, our response will explain the reasons why we cannot comply with your request.

Inolex does not and will not, without first obtaining your consent, Sell Personal Data.

Should you choose to exercise any of the rights enumerated under this Notice, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services; or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, please be aware that it may be a functional necessity for our services to have Personal Data about you in order to operate, and we may not be able to provide some or all of our services to you if you direct us to delete your Personal Data.

Last Updated: June 7, 2023

Climate Change

We acknowledge the threat that climate change poses to people and businesses today and in the future. It is imperative that we seek effective ways to phase out greenhouse gas (GHG) emissions to avoid accelerating climate change and its impacts on society and the global economy, which include but are not limited to access to fresh water, and other natural resources as well as increasing severity of extreme weather events.

As a company, we are reliant on agricultural products and a globally interconnected supply chain. It is in the best interest of our business to take the necessary steps to help mitigate the negative effects of climate change.

We are committed to addressing our responsibility to our carbon footprint in three key ways:

1. Measuring and monitoring greenhouse gas emissions through annual carbon accounting audits.

2. Reporting and communicating our greenhouse gas emissions regularly and publicly.

3. Implementing actions to reduce our emissions.

Energy management

Energy is necessary for the development of our products and the facilities that power our operations. Effective and efficient energy management is crucial to reducing our environmental impact as well as production costs.

We are committed to the efficient use of energy throughout our operations with the intent to reduce the energy requirements per unit of product through operational efficiency, maintaining and upgrading equipment, and process optimization.

Waste Management

By improving operational efficiency, practicing recycling, and ensuring responsible disposal, companies can reduce waste both during the lifespan of their products and in their overall operations.

We are committed to continuously improving the efficiency of our resource use and minimizing waste in all business operations, from our buildings and facilities to the products we produce.

Life Cycle Management

Taking a comprehensive approach to examining a product's entire lifespan can offer a complete perspective of its environmental and ecological footprints.

At every phase of their life cycle, our products can have an environmental impact. We strive to understand and mitigate these impacts, and we also help customers make informed purchasing decisions.

We are committed to qualifying and quantifying the sustainable life cycles of our products to facilitate product improvements, process optimization, and proper management of life cycle stages.

Water Management

The preservation of water is crucial for promoting both environmental sustainability and economic well-being.

Water plays a pivotal role in our business, and difficulties related to its supply can greatly influence our operations. As a result, we are accountable for proactively monitoring and minimizing our water consumption and responsible treatment of wastewater.

Our water management commitment entails managing our overall use efficiently and maintaining water quality in our municipality and broader water systems. Specifically, we are committed to:

1. Working closely with the municipalities in which we operate to maintain compliance with discharge requirements.

2. Identify and implement water-saving infrastructure and initiatives.

NDPE (No Deforestation, No Peat)

Inolex indirectly sources from agricultural and farming industries that use land to grow products. We are committed to the principles of No Deforestation, No Peat, and No Exploitation (NDPE). Our direct and indirect suppliers throughout the supply chain are expected to avoid deforesting specifically by not developing on High Carbon Stock (HCS) Forests or High Conservation Value (HCV) areas. Our direct and indirect suppliers throughout the supply chain are expected to avoid new development on peatland and work towards peat restoration.
(see ‘Social’ section for statements on exploitation)

Last Updated: June 7, 2023

Human Rights

Inolex is a participant in the UN Global Compact and is in full support of the Ten Principles on human rights, labor, environment, and anti-corruption; the Universal Declaration of Human Rights; the International Labour Organization’s (ILO) Declaration on Fundamental Principles and Rights at Work; and the UN Guiding Principles on Business and Human Rights. Inolex is committed to supporting human rights not only within Inolex, but also in connection with all its business activities.

Diversity, Equity, and Inclusion (DE&I)

Inolex believes in hiring fairly, compensating fairly, providing equal opportunities, retaining diverse talent, and creating/maintaining an inclusive culture. Inolex is focused on aspects of DE&I that ensure equity of policies and procedures, foster diversity within the workforce, and champion inclusivity in Inolex’s corporate culture.

Community Engagement

A company's size and influence can help in tackling important issues within local communities through community engagement endeavors. We proactively work with our local communities and municipalities through outreach, open dialogue, and invest our resources through volunteering to improve lives and strengthen the communities in which we live and work.

Free, Prior, and Informed Consent

Inolex indirectly sources from agricultural and farming industries that use land to grow products. We fully support the rights of Free, Prior and Informed Consent (FPIC) as outlined in the United Nations Declaration of the Rights of Indigenous People. Indigenous peoples have a right to withhold or give consent to any project that may affect them or their territories. Consent must be given voluntarily without coercion, must be sufficiently in advance of project activities, and information should be provided prior to the project and consistently throughout the project. Any supplier or indirect supplier to Inolex is expected to support FPIC throughout their supply chains.

NDPE (No Exploitation)

Inolex indirectly sources from agricultural and farming industries that use land to grow products. We are committed to the principles of No Deforestation, No Peat, and No Exploitation (NDPE). Our direct and indirect suppliers throughout the supply chain are required to respect and support the rights of workers, indigenous peoples, and other local communities, as outlined in our Human Rights Policy and FPIC statement. See ‘Environmental’ Policies and Statements for more information on deforestation and peatland.

Last Updated: June 26, 2023

Code of Ethical Conduct

Inolex is committed to engaging in ethical and socially responsible conduct and expects all its employees to share in that commitment. Accordingly, Inolex has adopted standards for ensuring the safety, quality and integrity of its products and processes, and for protecting the environment.

Inolex encourages supply chain transparency and accountability. Inolex selects its partners in an effort to develop long term relationships with people and organizations that are equally committed to high ethical and socially responsible standards, including the working conditions under which materials are sourced and products are made. Accordingly, suppliers, vendors, and other external partners of Inolex are expected to comply with local laws and regulations and uphold the code of ethical conduct.

In the absence of law in a particular location relating to product safety, labor, employment, environment or working conditions, the spirit and intent of these policies shall be met by Inolex employees and Inolex partners. Any concerns, violations, and perceived violations should be escalated to the Vice President of Global Supply Chain, the Human Resources Department, or the Chief Financial Officer.

A. Child labor is strictly prohibited. Inolex has a strict policy against any form of child labor. Inolex only employs persons 18 years of age and older on a full-time basis. Should the company ever decide to change this policy and begin to employ persons younger than 18 years of age, it will follow all the local, state, and federal laws and regulations regarding employing youth in the United States, including the prohibitions against minors working in any job or occupation declared hazardous by the United States Secretary of Labor. Additionally, if Inolex ever decided to employ minors it would follow any and all restrictions on hours of work, as well as break and meal period requirements. Under no circumstances does Inolex hire or cause anyone to work who is under the age of 16. The company verifies date of birth at the time of hire to ensure this code of conduct is upheld.

B. Compensation Practices. The company complies with all federal, state, and local wage and hour laws including, but not limited to, minimum wage, overtime, piece rates, and hiring, and provides legally mandated benefits.

C. Health and Safety in the Workplace. Inolex provides its workers with a safe, healthy, and secure workplace and complies with all applicable federal OSHA standards and federally approved OSHA state plans. Inolex provides, for example, access to clean drinking water, proper sanitation, adequate lighting and ventilation, safety training, fire extinguishers and fire evacuation escape routes.

D. Coercion and Harassment is Prohibited. Inolex treats each associate with dignity and respect. Inolex does not use, and does not tolerate the use of, physical or bodily punishment, threats of violence or other forms of physical, sexual, psychological, or verbal harassment or abuse.

E. Prison Labor/Reform Labor is Prohibited. Inolex does not use any prison or reform labor of any kind in its operations.

F. Forced Labor is Prohibited. Employment with Inolex is at will. Accordingly, unless there is a contract for employment, any employee of Inolex may terminate employment with the Company for any reason, at any time, with or without notice.

G. Human Trafficking and Slavery Prohibited. Inolex prohibits slavery and human trafficking of any kind in its operations.

H. Freedom of Association Allowed. Inolex allows associates all the protections afforded by law to associate, organize, and bargain collectively in a lawful and peaceful manner without interference or punishment.

I. Product Safety. Inolex complies with all applicable laws and regulations regarding the safety of our products. We make every effort to meet applicable recognized voluntary industry standards for our products and processes.

J. Environment. Inolex abides by all applicable environmental laws and regulations. Inolex manages its environmental footprint to minimize the adverse impact on the environment. Inolex strives to manage our energy, water and waste systems for maximum efficiency and minimal adverse impact on the environment.

K. Subcontractors and Sources. Inolex requires all businesses that support our business as subcontractors, manufacturers, or sources of goods to comply with the same policies as stated in our Code of Ethical Conduct and Social Accountability Policy. All subcontractors and suppliers are also required to comply with all applicable federal, state, and local laws.

L. SA 8000. Likewise, Inolex is committed to complying with SA 8000 Standards for our own workers’ rights and those of our suppliers. These standards reinforce and strengthen our commitment to the rights of our associates, workers in our supply chain, and workers in the global community.

M. Anti-Corruption, Anti-Bribery and Free Competition. Corruption or attempted acts of corruption of any kind are prohibited. This includes, but is not limited to, bribery, kickbacks, illegal gratuities, and money laundering. Inolex supports fair competition. Therefore, team members and Inolex partners must comply with all anti-trust and free competition legislation. Inolex members must not collude or enter into any anti-competitive agreements with competitors, suppliers, or customers to obtain an unfair advantage in the marketplace. Gift offerings, including entertainment, must not be of significant value, defined as under $100 or as otherwise limited by local laws, and Inolex employees must not accept anything that could compromise or appear to compromise a business decision or arrangement with external partners, suppliers, or vendors.

N. Whistleblower Protections. Inolex is committed to complying with public policy and as a United States Federal Government subcontractor, abides by the United States Government’s guidelines and regulations regarding Whistleblower Protections. Please refer to Inolex’s Whistleblower Policy below.

Conflict of Interest Policy

Inolex expects its employees to conduct business according to the highest ethical standards. Employees are expected to make their best efforts in the interest of Inolex. A conflict of interest is defined as a situation whereby an employee has a personal business interest in an enterprise separate from Inolex, and where that business interest could compromise the employee’s loyalty to Inolex or whenever an employee is in a position to influence a decision that may result in a personal gain for the employee or an immediate family member (i.e. spouse or significant other, children, parents, siblings) as a result of Inolex’s business dealings. Business dealings that appear to create a business or personal conflict between the interests of Inolex and an employee or any other entity are unacceptable. An employee must disclose any potential, actual, or perceived conflicts of interest to Inolex so that Inolex may assess and prevent potential conflicts of interest from arising or continuing.

Employees should refrain from conflicts of interest that could adversely influence their judgment, objectivity, or loyalty to the company in conducting business activities and assignments. Inolex recognizes that employees may take part in legitimate financial, business, and other activities outside of their employment with Inolex, but any potential conflict of interest raised by those activities must be promptly disclosed, in writing, to management and/or the Human Resources Department. Employees are expected to request approval prior to engaging in outside activities, financial interests, or relationships that may pose a potential, actual, or perceived conflict of interest.

If an employee has any questions about whether an action or proposed course of conduct would create a conflict of interest, the employee should immediately contact the Human Resources Department to obtain advice on the issue. An actual or potential conflict of interest will not be permitted to continue/proceed unless an affirmative determination has been made that the relationship will not interfere with the employee’s duties and will not otherwise interfere with Inolex business and/or relationships.

Potential, actual or perceived conflicts of interest include, but are not limited to:

A. Having a direct or indirect financial interest in, or a financial relationship with, an Inolex competitor, supplier, or customer (except for insignificant stock interests in publicly-held companies).

B. Having a second job where your other employer is a direct or indirect competitor, distributor, supplier, or customer of Inolex.

C. Having a second job or consulting relationship that affects your ability to satisfactorily perform your assignments for Inolex.

D. Having a second job or consulting relationship that causes you to disclose or utilize any Confidential Information (defined below) belonging to Inolex.

E. Disclosing to Inolex or using for the benefit of Inolex any confidential information belonging to a third-party that has not authorized the use of such information.

F. Investing in an outside business opportunity in which Inolex has an interest, except for having an insignificant stock interest in publicly-held companies.

ESG / Sustainability Oversight

Organization Structure

The Chief Executive Officer, President, CFO, and members of the Senior Leadership Team are responsible for the direction and oversight of economic, environmental, and social topics. The Senior Leadership Team reports directly to the CEO, President, or EVP with Directors and Managers working directly under the CFO or each Vice President. A Corporate Sustainability Director reports to the EVP, Global Head of Manufacturing and works cross-functionally to provide direction, manage day-to-day activities, and oversee corporate communications and reporting on ESG / sustainability topics. Any concerns should be escalated to the EVP, Global Head of Manufacturing, the Human Resources Department, or the Chief Financial Officer.

TERMS OF SERVICE

Last Updated: October 21, 2024

Welcome to Inolex!

Thanks for using the Inolex Inc. services including its website, and mobile and web-based applications, and any other tools, products, or services provided by Inolex Inc. that link to or reference these Terms (collectively, the “Services”). The Services are provided by Inolex Inc. (“Inolex”, “we,” “our,” or “us”), located at 601 Walnut Street, Suite 220, Philadelphia, PA 19106, U.S.A.

By using our Services or obtaining complementary product samples of sustainable ingredients sold through the Services (“Products”), you are agreeing to these Terms of Service (“Terms”). Please read them carefully. Our Products and Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. If additional terms or conditions are available with or applicable to the relevant Products, then those additional terms become part of your agreement with us if you use those Services. If you buy our Products or obtain complementary samples of Products, then you must also agree to our [Product Terms], available at [INSERT LINK]. In the event of any conflict between the [Product Terms] and these Terms, the [Product Terms] will prevail with respect to any issues arising from your use of the Products, and in all other respects these Terms shall prevail. By obtaining our Products, or using the Services, you intend and agree to be legally bound by these Terms. You may wish to print or save a local copy of these Terms for your records.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTIONS 8 AND 9 BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 13 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES.

AS PART OF ITS SERVICES, INOLEX OFFERS VARIOUS PRODUCTS. THESE PRODUCTS ARE NOT INTENDED FOR A MEDICAL PURPOSE. THESE PRODUCTS ARE INTENDED TO BE INCORPORATED INTO CONSUMER HEALTH, BEAUTY AND WELLNESS PRODUCTS. THE PRODUCTS WHICH ARE MADE AVAILABLE VIA THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, AND INOLEX DOES NOT AND CANNOT PROVIDE MEDICAL ADVICE OR DIAGNOSE YOUR HEALTH CONDITIONS OR THE HEALTH CONDITIONS OF ANY THIRD PARTIES. ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER FOR PERSONAL MEDICAL ATTENTION AND ADVICE. DO NOT USE THE PRODUCTS OR SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDERS. USE OF THE PRODUCTS OR SERVICES IS NOT INTENDED FOR MEDICAL EMERGENCIES. IF YOU THINK YOU OR ANY THIRD PARTY IS HAVING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR GO TO YOUR NEAREST EMERGENCY MEDICAL SERVICE PROVIDER. INOLEX DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PARTICULAR PRODUCT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU OR ANY THIRD-PARTY, OR FOR ANY PARTICULAR PURPOSE. NO DIRECTOR, EMPLOYEE, AGENT, PARTNER OR REPRESENTATIVE OF INOLEX, ITS SUBSIDIARIES AND AFFILIATES IS ENGAGED IN RENDERING MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR OTHER MEDICAL SERVICES. YOU SHOULD CAREFULLY READ ALL PRODUCT PACKAGING AND INSTRUCTIONS BEFORE USING ANY PRODUCTS MADE AVAILABLE VIA OUR SERVICES.

Using our Services

You must follow any policies made available to you within the Services, including our privacy policy.

Don’t misuse our Services. For example, don’t interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use our Services only for your personal non-commercial use, and as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access through them (“Content”). You may not use Content, except as permitted in these Terms, by its owner, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services, including the Inolex name and logo, any third-party names, logos, or other branding, or any photos or other images used in our Services (including Product images and any other intellectual property of Inolex or any third party). Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some Content that is not our own. For example, Content belonging to our advertisers, other third parties, you, or other users (collectively, “Third Party Content”). We are not responsible for, and you waive all of our liability with respect to, Third Party Content. Third Party Content is the sole responsibility of the individual or entity that makes it available to you via the Services. We may review Third Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.

In connection with your use of the Services, we may send you service announcements, marketing eNewsletters, administrative messages, product updates, the latest news from Inolex, and other information. You may opt out of our marketing emails by clicking on the “unsubscribe” link in marketing e-mails. Please be aware that there may be a brief period before we are able to process you opt-out.

Some of our Services are available on mobile devices or may utilize SMS/iMessage, which may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile or SMS/iMessage features (as applicable).

Your Inolex Account

You may need an account in order to use the Services. If you create your own account, you agree that all registration information you give us will be accurate and current. If your account has been assigned to you by an administrator, such as your employer or educational institution, different or additional terms may apply, and your administrator may be able to access or disable your account. You will timely notify us of any changes to any of the foregoing information. You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Services password, or on which you enable a "Remember Me" or similar functionality ("Activated Device"). Accordingly, you agree that you will be solely responsible for all activities that occur under your Services accounts, including the activities of any individual with whom you share your Services account or an Activated Device.

To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please contact us at info@inolex.com.

Payment

You agree to pay all amounts owed to us for the Services under any terms, policies or other written or electronic agreement we may have in place.

Privacy and Feedback

Our privacy policy explains how we treat your personal information and protect your privacy when you use our Services. By using our Services, you agree that we can collect, use, and share data from you as described in our privacy policy. We are not responsible for any information or Content that you share with others via your use of the Services. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Service.

If you submit feedback or suggestions about our Services or Products, you agree that we may use your feedback or suggestions without obligation to you.

About Software in our Services

You may be required to download software (such as a mobile or desktop app) to use the Services or certain features of the Services, and the Services may enable you to access software running on our (or our vendors’) servers (collectively, “Software”). You agree that we retain the ownership of all rights, title, and interest in and to the Software. Certain Software may update automatically on your device once a new version or feature is available, and you consent to such automatic updating.

Inolex gives you a personal, non-commercial, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software to access the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or Software, nor may you reverse engineer or attempt to extract the source code of the Services or Software, unless laws prohibit those restrictions, or you have our written permission.

There may be software programs contained within certain Software that have been licensed to us by third parties. The term "Software" as used herein shall refer to this third-party software except where the term “Software” is used in the context of our ownership. The same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to each third-party software program contained in the Software. You acknowledge and agree that any third-party components are owned by their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither we, nor our licensors, shall be liable for any unavailability or removal of such third-party software. We are not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under these Terms.

Modifying and Terminating our Services

We are constantly changing and improving our Services and Products. We may add or remove Products, functionalities or features, and we may suspend or stop a Service or the offering of a Product altogether, at any time, without any notice or liability.

You can stop using our Services at any time, although we’ll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to our Services, at any time.

Sections 6-13 will survive termination or expiration of these Terms indefinitely.

Product Information

A description of each Product available through the Services can be found on the applicable Product page on the Services. Product information, including descriptions, technical information, specifications, recommendations, and other information related to a Product (collectively, “Product Information”) are provided for your convenience in your selection of Products. The accuracy or completeness of Product Information is not guaranteed and is subject to change without notice. The appearance of the Products on the Services may differ from the physical article depending on your Internet browser or the device or monitor you use.

Our Warranties and Disclaimers

(A) SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES.

(B) OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER INOLEX NOR ITS LICENSORS, SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OR THE PRODUCTS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE PRODUCTS, THE SPECIFIC FUNCTIONS OF THE SERVICES OR THE PRODUCTS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS. WE PROVIDE THE SERVICES AND PRODUCTS “AS-IS.”

(C) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, ADVERTISERS, REPRESENTATIVES, PARTNERS, AND DISTRIBUTORS, AND ALL THOSE THAT MANUFACTURED, MARKETED, ADVERTISED, SOLD OR PROVIDED THE PRODUCTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO THE RECEIPT, PURCHASE OR USE OF THE SERVICES AND/OR THE PRODUCTS. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

Liability for our Services

TO THE EXTENT NOT PROHIBITED BY LAW, INOLEX (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT DIRECTLY OR INDIRECTLY ARISE FROM OR RELATE TO THE SERVICES OR PRODUCTS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ASSERTED, INCLUDING BUT NOT LIMITED TO WARRANTY, CONTRACT, NEGLIGENCE, FRAUD, OR STRICT LIABILITY.

TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF INOLEX (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF (i) IF THE CLAIMS RELATE TO YOUR USE OF THE SERVICES, THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLY YOU THE SERVICES AGAIN), (ii) IF THE CLAIMS RELATE TO THE COST YOU PAID TO PROCURE THE PRODUCTS, THE PRICE OF THE PRODUCTS GIVING RISE TO SUCH CLAIM (OR, IF WE CHOOSE, THE COST OF PROVIDING YOU WITH REPLACEMENT PRODUCTS), OR (iii) $100 USD. THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY AND SHALL BE ENFORCEABLE EVEN IF WE HAD REASON TO KNOW OF THE POSSIBILITY OF PARTICULAR DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IN ALL CASES RELATING TO PROVIDING YOU THE SERVICES, INOLEX (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, DELAYS (INCLUDING, BUT NOT LIMITED TO, DELAYS SHIPPING THE PRODUCTS, OR FAILURES OR DELAYS OF COMMON CARRIERS), PUBLIC HEALTH EMERGENCY, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.

Business/Employer Uses of our Services

If you are using our Services on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms.

Indemnification

You hereby agree to indemnify, defend, and hold harmless Inolex, its affiliated companies, parents and subsidiaries, and its and their predecessors, successors, and assigns, and its and their respective officers, directors, employees, agents, contractors, representatives, partners, licensors, suppliers, advertisers, and distributors, and all those that manufactured, marketed, sold or provided the Products, from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or alleged breach of these Terms, any content you provide through the Services, or your use or misuse of the Services or Products. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.

About these Terms

We may modify these Terms or any additional terms that apply to a Service or a Product for any reason, for example, to reflect changes to the law or changes to our Services or Products. You should look at the Terms regularly and the “Last Updated” date at the beginning of these Terms. We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through the Services, or via email. By continuing to use the Services after we make these modifications, you agree that you will be subject to the modified Terms. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. To the extent we modify any Terms applicable to a particular Product, you will be bound by the Terms as they were in-force at the time you requested or ordered the Product.

If there is a conflict between these Terms and any additional terms for a Service or Product, the additional terms will control for that conflict. These Terms supersede all prior written or oral understandings, constitute the entire agreement, and may not be changed, modified, or waived except as mutually agreed upon in writing specifically referring to this document. No modification shall be affected by the acknowledgment or acceptance of any product request, purchase order or other document containing other or different terms or conditions.

These Terms control the relationship between Inolex and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of the United States and the Commonwealth of Pennsylvania, excluding Pennsylvania’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms, the Services, or the Products.

You may not assign or delegate your rights or obligations relating to these terms or your account for the Services without our prior written consent. We may assign these terms or assign or delegate any of our rights or obligations at any time.

For information about how to contact Inolex, please visit our contact page at https://inolex.com/pc/Contact.

13. Binding Arbitration

Without limiting your waiver and release in Section 8, you agree to the following:

a. Purpose. Any and all Disputes (as defined below) involving you and Inolex will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 13 (the "Arbitration Provision") shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms, this Section 13 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.

b. Definitions. The term "Dispute" means any claim or controversy related to the Services or Products, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, "Inolex" means Inolex and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Services.

c. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to Inolex by mail to 2101 S. Swanson Street, Philadelphia, PA 19148, U.S.A.

d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or Inolex may bring an individual action in a small claims court in the area where you access the Services if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

e. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Inolex about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless you and Inolex agree otherwise, any arbitration hearing will take place in Philadelphia, PA. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

f. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS OR USERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

g. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the JAMS fees and costs will be governed by the JAMS Rules. If your claims seek less than $75,000 in the aggregate, the payment of the JAMS fees and costs will be Inolex’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the JAMS’s fees and costs shall be governed by the JAMS Rules and you shall reimburse Inolex for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, Inolex will pay all fees and costs that it is required by law to pay.

h. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable, and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND INOLEX AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.

i. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms.

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