1. User's Acknowledgment and Acceptance of Terms
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THIS SITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THIS SITE AND THE APPLICABLE PRODUCTS, SERVICES, CONTENT OR INFORMATION. YOUR AGREEMENT WITH SUNRIDER REGARDING COMPLIANCE WITH THIS AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE. YOU FURTHER AGREE THAT BY USING THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. PERSONS UNDER 18 YEARS OF AGE ARE PROHIBITED FROM USING THIS SITE.
Sunrider reserves the right to change, modify, add, or remove portions of this Agreement at any time without prior notice. In addition, Sunrider may, in its sole discretion and without prior notice, modify or discontinue this Site at any time. Sunrider shall post any revision to this Agreement on this Site, and the revision shall be effective immediately on such posting. You acknowledge and agree that it is your responsibility to review this Site and this Agreement periodically and to be aware of any modifications. Your continued use of this Site after such modifications will constitute your acknowledgment of the modified
2. Registration Data and Privacy
In order to access some of the services on this Site, you will require a separate user name and password that can be obtained by completing Sunrider's online registration to become an Independent Business Owner "IBO" or Retail Customer. By registering, you agree that all information provided in the registration process is true and accurate and that you will maintain and update this information as required in order to insure current, complete, and accurate information.
3. Conduct on this Site
Your use of this Site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through this Site. Sunrider has the right to not post any content that, in its sole judgment, does not comply with this Agreement, the Sunrider® Business Guide, or any other rules for this Site, or content that, in Sunrider's sole judgment, is harmful, objectionable, obscene, misleading, or inaccurate.
You may not use your access to this Site to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of this Site may be available to you or other authorized users of this Site. You shall not interfere with anyone else's use and enjoyment of this Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that Sunrider may at any time, and at its sole discretion, terminate your Independent Sunrider Business or Retail Customer status without prior notice to you if you have violated any of the above provisions.
You acknowledge that Sunrider may cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities that are investigating suspected criminal violations.
4. Trademark and Copyright Notice
©2009 The Sunrider Corporation d.b.a. Sunrider International. All rights reserved.
For purposes of this Agreement, "content" is defined as any information, communications, software, photos, video, graphics, music, sounds, and other materials and services that can be viewed by users of this Site. This includes without limitation blogs or other original content.
By accepting this Agreement, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of Sunrider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without Sunrider's prior written permission, and you are solely responsible for obtaining such permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the content or materials appearing on this Site may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.
Without prejudice to or waiver of any of Sunrider's rights stated herein, you may download and print one copy of any web page on this Site on any single computer for your personal, non-commercial use in learning about, evaluating, or purchasing Sunrider's products, provided that you also retain all copyright, trademark, and other proprietary notices contained on the materials you download and print. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, use for any commercial purposes, or modify these materials.
Sunrider does not warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See "User's Materials" below for a description of the procedures to be followed if a party believes that content posted on this Site infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of another party.
The SUNRIDER® name, logos, product names, service names, domain names, and design marks are all trademarks of Sunrider and in most cases are registered as such in the United States and abroad. These marks identify Sunrider and its products and services and inform the public of the sources of those products and services. Except as expressly provided in this Agreement, nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site. In addition, the graphic images, buttons, and text contained in these pages, unless otherwise noted, are the exclusive property of Sunrider, and may not be copied, distributed, or displayed, except as otherwise stated herein, without the express written consent of Sunrider. Nothing in this Agreement grants you any ownership rights in Sunrider's intellectual property.
5. User's Materials
Please do not submit to Sunrider confidential or proprietary information owned by you or third parties, or information concerning unsolicited business ideas or proposals, unless you and Sunrider have mutually agreed in writing otherwise.
Sunrider respects the intellectual property of others, and Sunrider asks you to do the same. If you or any user of this Site believes its copyright, trademark, or other property rights have been infringed by a posting on this Site, you or the user should send a detailed notification to Sunrider firstname.lastname@example.org, attention Legal Department. Any copyright infringement notice shall be consistent with the form suggested by the United States Digital Millennium Copyright Act (DMCA). You acknowledge and agree that upon receipt of a compliant claim of copyright infringement, under the terms of the DMCA, Sunrider may immediately remove the identified materials from this Site without liability to you or any other party. Your claim of copyright infringement may be provided to the alleged infringer, who can provide a counter-notification through the DMCA. Please note that Sunrider shall not arbitrate or otherwise determine alleged infringement, and that Sunrider's sole role in such a dispute shall be to remove infringing material (as determined by a competent judicial body). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your copyright is infringed.
6. Independent Business Owner Websites
IBOs may have their own websites. It is the sole responsibility of each IBO to ensure that their website content is accurate and in full compliance with the Sunrider® Business Guide and all applicable federal, state, and local rules and regulations. SUNRIDER DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED IN ANY WAY TO THE WEBSITES OF IBOS.
7. Disclaimer of Warranties
ALL INFORMATION AND DOCUMENTS PROVIDED ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, OR NON-INFRINGEMENT OF SUNRIDER'S INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE FOREGOING, SUNRIDER MAKES NO WARRANTY THAT (A) THE SERVICES AND MATERIALS OFFERED ON OR THROUGH THIS SITE WILL MEET YOUR REQUIREMENTS, (B) THESE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THIS SITE FROM SUNRIDER OR ITS AFFILIATED COMPANIES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS, OMISSIONS, DISCREPANCIES, OR DEFECTS.
SUNRIDER USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS SITE. HOWEVER, SUNRIDER RESERVES THE RIGHT TO PERIODICALLY CHANGE, ADD, DELETE, IMPROVE, OR UPDATE THE INFORMATION ON THIS SITE, INCLUDING THIS AGREEMENT, WITHOUT NOTICE AND WITHOUT LIABILITY FOR DAMAGES INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF ANY ERRORS, OMISSIONS, DISCREPANCIES, OR DEFECTS, AND YOU AGREE THAT EACH VISIT YOU MAKE TO THIS SITE SHALL BE SUBJECT TO THE CURRENT AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Sunrider expressly disclaims any representations or warranties made by IBOs or Customers about Sunrider or its products, other than information provided in Sunrider's literature, product labels, or this Site. Sunrider expressly prohibits IBOs and Customers from making any such non-approved representations or warranties, and Sunrider is not responsible or liable for the same.
IBOs are independent contractors. Sunrider authorizes IBOs to refer individuals to this Site to obtain information about Sunrider and its products. Sunrider-authorized Internet links that may be established by IBOs to make such referrals do not constitute any approval or authorization by Sunrider of any statements made or other business conducted by IBOs, or of any representations or warranties other
Statements made about Sunrider's dietary supplement products have not been evaluated by the Food and Drug Administration. Sunrider's dietary supplements are not intended to treat, diagnose, cure, mitigate, or prevent diseases or their symptoms.
The people giving product or business opportunity testimonials on this Site reflect the actual experience of each individual, are anecdotal only, and may be atypical.
8. Limitation of Liability
YOU ASSUME THE RISK OF ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THIS SITE. SUNRIDER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT, ALTERATION OR DESTRUCTION OF SITE CONTENT DUE TO UNAUTHORIZED ACCESS, OR ANY COMMUNICATION LINE FAILURE IN CONNECTION WITH YOUR USE OF THIS SITE, OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION. IN NO EVENT SHALL SUNRIDER BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC, CONSEQUENTIAL, OR OTHER DAMAGES YOU MAY SUFFER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THIS SITE OR THE INFORMATION CONTAINED HEREIN, EVEN IF SUNRIDER IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. SOME JURSIDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Hyperlinks and "Framing"
if any person or entity links any page from this Site to any other web page or Internet site, that link does not reflect any approval or authorization by Sunrider of any statements made or business conducted by that person or entity, and Sunrider expressly disclaims any representations or warranties that may be made by that person or entity about Sunrider or Sunrider's products other than those found in Sunrider's literature, product labels, or this Site, and Sunrider is not responsible or liable for the same.
Sunrider assumes no responsibility for any other party's site hyperlinked to this Site, or in which any part of this Site has been hyperlinked. In addition, Sunrider assumes no responsibility for any other website in which any part of Sunrider's website has been framed. Sunrider neither warrants nor represents that your use of materials displayed on this Site will not infringe the rights of third parties not owned by or affiliated with Sunrider.
Unless you are specifically and expressly authorized by Sunrider, you may not use Sunrider's icons, site address, or other means to hyperlink other Internet sites with any page in this Site, or "frame" any page or part of this Site into any other website.
You agree to indemnify, defend, and hold harmless Sunrider and any Sunrider-affiliated company, including their agents, employees, officers, directors and stockholders from all third party claims, losses, liability, damages, and/or costs (including attorneys fees and costs) arising from or related to your access to or use of this Site, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Sunrider will notify you promptly of any such claim, loss, liability, damages, or costs, and will provide you with reasonable assistance, at your expense, in defending against any such claim, loss, liability, damages, or costs. In addition, Sunrider reserves the right, at Sunrider's expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Sunrider in asserting any available defenses.
11. International Use
Although this Site may be accessible worldwide, Sunrider makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. If you choose to access this Site from other locations, you are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited by law.
Sunrider, in its sole discretion, may restrict the availability of this Site to any person, country, or jurisdiction at any time without prior notice.
12. Security and ID Number, User Name, and Password
You are solely responsible for maintaining the confidentiality of your password and account and for all statements made and acts or omissions that occur through the use of your ID number, user name, and password. Therefore, you must take steps to ensure that others do not gain access to your ID number, user name, and password. Sunrider personnel will never ask you for your password.
13. Termination of Use
You agree that Sunrider may, in its sole discretion, terminate or suspend your access to all or part of this Site with or without notice and for any reason, including without limitation your breach of this Agreement. Your engagement in any suspected fraudulent, abusive, or illegal activity may be grounds for termination of your relationship with Sunrider, and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that Sunrider may immediately deactivate or delete your account and all related information and files in your account, and/or bar your further access to such files or this Site. Sunrider shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by Sunrider in connection therewith. All sections of this Agreement, as well as your liability for any unpaid fees, shall survive any termination.
14. Applicable Law and Jurisdiction
By accessing this Site, both you and Sunrider agree that any claims arising out of or relating to the use of this Site shall be governed and resolved by the laws of the State of California without regard to its conflict of laws principles. Each of us agrees that any disputes arising out of or relating to the use of this Site which cannot be resolved through negotiation will be subject to the sole and exclusive jurisdiction of a competent court in the County of Los Angeles, California.
15. Entire Agreement
This Agreement constitutes the entire agreement and understanding between you and Sunrider concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this Agreement, or to enter an order for products or services that are subject to additional or altered terms and conditions, shall be null and void, unless otherwise agreed to in a written agreement signed by you and Sunrider. To the extent that anything in or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against Sunrider or its affiliated companies must be instituted within one year after the cause of action arises, or such cause of action shall be deemed forever waived and barred.
You may not assign your rights and obligations under this Agreement to any other party, and any purported attempt to do so shall be null and void. Sunrider may freely assign its rights and obligations under this Agreement.
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this Site, or to sell or grant access to this Site to any third party.
In addition to any excuse provided by applicable law, Sunrider shall be excused from liability for non-delivery or delay in delivery of products and services available through this Site arising from any event beyond Sunrider's reasonable control, whether or not foreseeable by Sunrider, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, act of terrorism (actual or threatened), or other causes or events beyond Sunrider's reasonable control, whether or not similar to those which are enumerated above.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
The original text of this Agreement is in English and any interpretation of it will be based on the original English text. In the event of a conflict between different translations of this Agreement or any documents or notices related thereto, the original English version will prevail.
18. Questions or Comments18. Questions or Comments
If you have any questions or comments about sunrider.com, any other Sunrider website, or this Agreement, please contact us via email email@example.com.
Updated and effective: January 1, 2009