Please read this agreement carefully. By making use of the Isagenix® Advertising Materials (the "Materials"), for publication in media ads, including but not limited to: print media, such as a telephone directory, legal directory, newspaper or other periodical; outdoor advertising, such as billboards and other signs; radio; television; and any computer-accessed communications; ("Media Advertising") you agree to be bound by the terms and conditions set out below and any additional terms and conditions set forth on individual pages of this Website, including, but not limited to the terms and conditions set forth in this Isagenix® Website ("Website") itself (collectively, this Agreement). If you do not wish to be bound by this Agreement, do not continue to use or access this Website. This Agreement is applicable to use of this Website, regardless of how you accessed it.
Your continued use of the Materials constitutes your binding acceptance of this Agreement, including any changes or modifications made hereafter. The updated, on-line version of this Agreement shall supersede any prior version. By accepting and agreeing to this Agreement, you represent that you are either the person authorized by Isagenix® to access this Material or a representative of a person or entity so authorized with full permission to act on behalf of the authorized person or entity and to legally bind such person or entity to this Agreement. You expressly authorize or otherwise provide your permission for us to send or cause to be sent to you or your agency, directly or indirectly, any email or other electronic messages. You agree to submit all Materials found on this website to the Isagenix® Compliance Department ("Compliance") prior to any publication. You agree that you will honor and follow any directions or decision Compliance issues regarding your submission. Compliance will attempt, but does not guarantee, to issue you a decision concerning your Materials within 7 to 10 business days of submission.
ACCURACY OF INFORMATION CONTAINED IN THIS WEBSITE
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The information contained in this Website is subject to change without notice. However, there is no commitment to update the information contained herein. We make no representations or warranties with regard to the accuracy or completeness of the information contained herein. We and any third party authors of the information provided are not rendering any legal, accounting or other professional advice or opinions on specific facts or matters.
ALL DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM USE OF, ACCESS TO OR LOSS OF USE OF THIS WEBSITE, HYPERLINKS HEREIN, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AVAILABLE FROM OR THE PERFORMANCE OF THIS WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGE. WE MAKE NO WARRANTIES OR GUARANTEES THAT ANY INFORMATION DIRECTLY OR INDIRECTLY TRANSMITTED TO OR FROM THIS WEBSITE IS SECURE OR THAT ANY INFORMATION CONVEYED WILL BE PRIVATE.
We are providing information intended to promote Isagenix® products within the specific jurisdiction of the United States of America only. This information is only applicable to and intended for use in the areas in which you are authorized to carry on business.
GENERAL
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Isagenix® makes no claims that the materials available on this Website are appropriate or may be downloaded outside of the United States. Access to the materials in this Website may not be legal by certain persons or in certain countries and in such an event is prohibited. If you access this Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. By virtue of maintaining this passive Website, we shall not be construed to be doing or transacting business or otherwise being subject to the jurisdiction of any governmental authority in which the user, of this or any linked Website server or Internet provider is resident, domiciled or located.
LIMITATION OF LIABILITY, WAIVERS AND DISCLAIMERS
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You waive any claim against us based upon the quality, accuracy, completeness or availability of this Website, regardless of cause. You acknowledge that any network communication or activity involves resources beyond our control, including, without limitation, e-mail, file transfers, and information gathering, and is subject to risks inherent to the Internet and to communications generally. We make no representation that any data sent to or from, or residing at, this Website or systems are safe from destruction, corruption, misdirection, or service interruption.
You understand that our website cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our website does not assume any responsibility or risk for your use of the Internet.
You agree that Isagenix® shall not be liable for failure to provide services or access to this Website during any period in which this Website cannot perform due to any cause beyond our control, direct or indirect, including without limitation, failure of any electric or mechanical equipment or communication line, telephone or interconnect problems, computer viruses, unauthorized access, theft, operator error, severe weather, earthquakes, natural disasters, power failure, accident, labor controversy, act of God, or the intervention of any government authority.
GRANT OF LICENSE
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Submissions
You hereby grant to Isagenix® the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our website through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our website will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future website operations and, correspondingly, Isagenix® grants a nonexclusive license to you to use Isagenix® trade names, trademarks, copyrighted pictures and text, and Materials for your Media Advertising. Except as expressly described in this grant of a nonexclusive license, nothing contained in this Agreement shall be construed as granting or conferring any intellectual property rights or any other rights whatsoever in the intellectual property and confidential information owned by Isagenix®. Isagenix®’s license will terminate upon termination of this Agreement and/or the termination of your or your company’s Independent Associate status. Isagenix® reserves the right to revoke, suspend and/or terminate its license at any time and for any reason whatsoever.
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You further agree that your Media Advertising will use Materials published, provided and approved by Isagenix®. You further agree that you shall submit all Materials used from this website to Compliance for approval prior to any publication. You are responsible for ensuring that your use of your Media Advertising and your business practices comply with applicable law and regulation.
COMMUNICATIONS WITH OUR WEBSITE
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Isagenix® welcomes your feedback and suggestions about how to improve our Materials, this Website, and Media Advertising. You agree that Isagenix® may use all suggestions, ideas, concepts, improvements, reports, information, material or other content, whether written or oral, furnished by you or your agency to Isagenix® in connection with this Agreement, including the right of Isagenix® to contract any or all of the foregoing to third parties and create and/or market products and services, without accounting to you.
TERMINATION
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If your Independent Associate status is terminated, you will no longer be able to participate in the Isagenix® program, this Agreement shall automatically terminate except as otherwise provided herein and the authorization to this Website will be discontinued.
SURVIVAL
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Your obligations regarding privacy, confidentiality, indemnification, security and compliance with state and federal laws shall survive the termination of this Agreement.
APPLICABLE LAWS
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These Terms of Use will be governed and interpreted pursuant to the laws Arizona, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Arizona in connection with any dispute between you and Isagenix® arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Phoenix, Arizona. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Isagenix® may revise these Terms of Use at any time by updating this posting.
