- Accessing the Website and Account Security
- Intellectual Property Rights
- Prohibited Uses
- User contributions
- Monitoring and Enforcement; Termination
- Content Standards
- Claims Regarding Copyright Infringement
- Reliance on Information Posted
- Changes to the Website
- Information about You and Your Visits to the Website
- Geographic Restrictions
- Disclaimer of Warranties
- Limitation on Liability
- Governing Law and Jurisdiction
- Arbitration Agreement
- Limitation on Time to File Claims
- Waiver and Severability
- Your Comments and Concerns
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable, if for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and all of its contents and information, including but not limited to its look and feel, features, functions, trademarks, service marks, software, logos, titles, names, button icons, data compilations, text, photographs, displays, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, and the design, selection and arrangement thereof (collectively, the “Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, A Company Independent Distributor, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyoneâ€™s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on age (40 and over), ancestry, color, gender, gender identity, gender expression, genetic information, marital status, medical condition, including those related to pregnancy, childbirth, or breastfeeding, denial of family and medical care leave, mental disability, national origin, physical disability, race, religious creed, sex, sexual orientation, past, current or prospective service in the uniformed services, or any other categories protected under applicable federal, state or local law.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity or advocate promote or assist any unlawful act.
Cause annoyance inconvenience or needless anxiety or be likely to upset embarrass alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales such as contests sweepstakes and other sales promotions barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
Claims Regarding Copyright Infringement
We respect the intellectual property of others and require that users of the Website do the same. If you are a copyright owner or an agent thereof and believe that any User Contributions or other content on the Website infringes your copyright, you may submit a notification pursuant to eh Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. section 512(c)(3)) by providing our DMCA Agent with the following information in writing:
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a single notification a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you such as your name address telephone number and if available your email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner its agent or the law; and
A statement under penalty of perjury that the information in the above notification is accurate and that you are or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you fail to comply with all of the requirements set forth above your DMCA notification may not be effective. Our designated DMCA Agent to receive notifications of claimed infringement is:
DMCA Agent c/o Legal Department
Foothill Ranch California 92610
After receiving an effective notification of claimed infringement we will process and investigate the claim and if appropriate will act expeditiously to remove or disable access to material claimed to be infringing. We also will take reasonable steps promptly to notify the uploading user that the material has been removed or disabled at your request.
This notification process does not limit our ability to exercise any other rights or pursue any other remedies it may have to address claims of infringement.
It is our policy to terminate in appropriate circumstances the accounts or access of users who repeatedly infringe copyrights.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties including materials provided by other users bloggers and third-party licensors syndicators aggregators and/or reporting services. All statements and/or opinions expressed in these materials and all articles and responses to questions and other content other than the content provided by the Company are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material.
Information about You and Your Visits to the Website
The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT COMPUTER PROGRAMS DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN â€œAS ISâ€ AND â€œAS AVAILABLEâ€ BASIS WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS SECURITY RELIABILITY QUALITY ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE RELIABLE ERROR-FREE OR UNINTERRUPTED THAT DEFECTS WILL BE CORRECTED THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY ITS AFFILIATES OR THEIR LICENSORS SERVICE PROVIDERS EMPLOYEES AGENTS INSURERS OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE ANY WEBSITES LINKED TO IT ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES INCLUDING ANY DIRECT INDIRECT SPECIAL INCIDENTAL CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO PERSONAL INJURY PAIN AND SUFFERING EMOTIONAL DISTRESS LOSS OF REVENUE LOSS OF PROFITS LOSS OF BUSINESS OR ANTICIPATED SAVINGS LOSS OF USE LOSS OF GOODWILL LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT OR OTHERWISE EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
* EITHER YOU OR COMPANY MAY CHOOSE TO HAVE ANY CLAIM BETWEEN YOU AND COMPANY RESOLVED BY BINDING ARBITRATION INSTEAD OF IN COURT.
* THE CLAIM WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS ACTION.
* DISCOVERY AND OTHER RIGHTS ARE MORE LIMITED IN ARBITRATION THAN IN COURT.
* YOU WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL.
* YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION.
* YOU MAY "OPT OUT" OF THIS CLAUSE IN WRITING WITHIN 60 CALENDAR DAYS OF YOUR FIRST USE OF THE WEBSITE.
CLASS ACTION WAIVER. ANY ARBITRATION MUST BE ON AN INDIVIDUAL BASIS ONLY. YOU GIVE UP ANY RIGHT YOU MAY HAVE TO PARTICIPATE IN A CLASS OR OTHER REPRESENTATIVE ACTION REGARDING ANY CLAIM THAT IS SUBJECT TO ARBITRATION. THIS MEANS YOU CANNOT BE A CLASS MEMBER CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL REGARDING ANY SUCH CLAIM.
Exception for Claims for Public Injunctive Relief. You or Company may but are not required to submit Claims for public injunctive relief under California or federal statutes that specifically provide for such relief to arbitration under this Arbitration Agreement. However the class action waiver contained herein still applies to claims for public injunctive relief and any such claims whether asserted in court or in arbitration may only be brought on an individual basis and not on behalf of a class or a multi-plaintiff group. In the event that either you or Company brings an action against the other for public injunctive relief that Claim for public injunctive relief shall be severed from all other issues including damages or equitable remedies and the proceedings relating to public injunctive relief shall be stayed until the other issues are resolved by arbitration. After such other issues are resolved the proceedings relating to public injunctive relief shall be recommenced (in either arbitration or in court) and any findings of fact or law decided by the arbitrator(s) in the non-public injunctive relief proceedings may be considered but shall not be dispositive as to the Claim for public injunctive relief.
Exception for Claims for Emergency Injunctive Relief. The Company is not required to submit Claims to arbitration to the extent that court action is necessary to enforce Company's rights to injunctive relief under applicable law and Company may file for and obtain available emergency relief including but not limited to a temporary or permanent injunction writ of attachment or other equitable relief to safeguard the protected interests of Company prior to during or following any arbitration or other proceeding.
Nothing in this Arbitration Agreement shall be construed to prevent Company from obtaining available emergency relief including but not limited to a temporary or permanent injunction or writ of attachment to safeguard the protected interests of Company prior to during or following any arbitration or other proceeding.
Exception for Small Claims. If the amount of a Claim is within the small claims court's jurisdiction (a "Small Claim") you or Company may bring such Claim in small claims court. You and Company do not have to arbitrate a Small Claim that is filed in small claims court. You or Company may appeal the small claims courtâ€™s judgment according to the law. However if you or Company brings any counterclaim or cross-claim that is for more than the small claims court's jurisdiction the entire Claim (including the counterclaim or cross-claim) must if you or Company choose be resolved by arbitration.
Arbitration Organization. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This Arbitration Agreement shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties agree and understand that the arbitrator shall have all powers provided by law and this Arbitration Agreement. The arbitrator shall be a retired judge with business transaction expertise preferably experienced in the direct selling industry. The decision of the arbitrator shall be final and binding upon the parties and may be reduced to a judgment in any court of competent jurisdiction. If JAMS cannot or will not serve and you and Company cannot agree to another arbitration organization the court will appoint one.
Law and Proceedings. The Federal Arbitration Act 9 United States Code Â§Â§ 1 et seq. (the "Act") will govern this Arbitration Agreement. Contact the arbitration organization for instructions on how to file a case. The arbitrator must apply the substantive law privileges and the statutes of limitations that would apply in a court action. The arbitrator will have no authority to grant class action or representative relief. The arbitrator's award will be final and binding except for the limited right to appeal in the Act.
Severability and Continuation. If the court finds that any part of this Arbitration Agreement other than the Class Action Waiver cannot be enforced the rest of this Arbitration Agreement will be enforced. If the court finds that the Class Action Waiver cannot be enforced this entire Arbitration Agreement (except for this sentence) will be unenforceable with respect to the class action or representative claims. In no event will a class action or representative claim or a claim for public injunctive relief be arbitrated. This Arbitration Agreement will remain in effect even after your use of the Website ends or is terminated.
Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding and the award including the hearing except as may be necessary to prepare for or conduct the arbitration hearing on the merits or except as may be necessary in connection with a court application for a preliminary remedy a judicial challenge to an award or its enforcement or unless otherwise required by law or judicial decision.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
All notices of copyright infringement claims should be sent to the DMCA Agent designated above in the manner and by the means set forth herein.
All other feedback comments requests for technical support and other communications relating to the Website should be directed to the above-listed address