Market America UnFranchise® Ecommerce Web Portal Terms of Services
Last Updated: February 2003
1. AGREEMENT BETWEEN YOU AND MARKET AMERICA
This Terms of Service (“TOS”) applies to the Market America UnFranchise
Ecommerce Web Portal, “Web Portal”, and advertisement sites including but not
limited to all Market America Banner Advertisements (“Banner Ads”) and the
Market America Mini Web-sites (“Web Sites”) and does not apply to the content of
third parties.
In the event that any of the terms, conditions, and notices contained herein
conflict with the additional terms or other terms and guidelines contained
within any particular Market America site, then these terms shall control.
2. INTENDED AUDIENCE
This site is a business and commercial site, and therefore is not intended for
persons under the age of 18. The material on this Web Site is published by
Market America, Inc. as a service to its Independent Distributors and their
customers who reside in the United States, Canada, and all United States
Territories. This site is not intended for access or use outside of these areas.
Market America and its affiliates make no claims that the information located on
this site is appropriate. If you access the materials on this website from
outside of the countries indicated, you do so at your own risk and are
responsible for compliance with the laws in your respective jurisdiction.
3. PURCHASE TERMS
You are responsible for providing a valid credit card number or account
information with available credit at time of purchase. You represent and warrant
that you are an authorized user of the credit card or account information. You
are responsible for payment of any applicable federal, state/province, local and
city taxes. You are responsible for payment of shipping and handling charges.
Taxes and shipping and handling charges will be included on your order invoice.
4. RETURN POLICY
Market America stands behind the quality of its products and guarantees your
satisfaction. A customer or client making a purchase from an Independent
Distributor has until 30 days after the sale to cancel an order and receive a
full product refund from the selling Distributor.
Affiliate Stores: Products and Services purchased from any Affiliate store are
covered policies and terms contained on the individual site. The above listed
guarantees/warranties do not apply.
5. CONFIDENTIALITY
You agree to provide true, accurate, and complete information to Market America
or the Independent Distributor when making a purchase. You agree not to resell
any merchandise or services you purchase, unless you are a current Independent
Distributor. Preferred Customers agree to not resell any merchandise or services
purchased. You agree to maintain the confidentiality of any identification number,
key or password (“Identifiers”) that you are provided with. You agree to
immediately notify Market America of any unauthorized use of the above or other
breach of security. You are fully responsible for all activities under your
Identifiers. Market America is not responsible for any misuse of your account by
someone who uses your Identifiers.
6. COPYRIGHT
All Web site design, text and graphics, and the selection and arrangement of
such element is Copyright © 2003 Market America, Inc. ALL RIGHTS RESERVED. No
material may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any medium including but not
limited to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of Market America.
7. TRADEMARKS
Market America, the Market America logo, UnFranchise, all page headers, custom
graphics and button icons are service marks, trademarks and/or trade dress of
Market America, Inc. There are other trademarks, product names, company names,
logos, service marks, and/or trade dress indicated on the Web site that are the
property of their respective owners.
8. LINKS TO THIRD PARTY SITES
Market America provides via the Web Site, links to other World Wide Web sites or
resources and/or advertisements or other such promotional materials for
third-parties. Because Market America has no control over the content of
linked-to sites or the quality of the goods or services offered via these
linked-to sites, you acknowledge and agree that Market America is not
responsible for and in no way guarantees or endorses: (1) the availability of
linked-to sites or resources; (2) the accuracy or completeness of any content
available at or through the linked-to sites; (3) the goods or services offered
via these third-party sites. Accordingly, you acknowledge and agree that Market
America shall not be responsible or liable to you in any manner, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on the content of any linked-to web site
and/or the quality of any goods or services offered by or through any linked to
third-party site.
9. MODIFICATION OF THESE TERMS OF SERVICE
Market America reserves the right to change the terms, conditions, and notices
under which the Market America Sites/Services are offered. You are responsible
for regularly reviewing these terms and conditions and additional terms posted
on particular websites. Your continued use of the Market America Sites/Services
constitutes your agreement to all such terms, conditions, and notices.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. MARKET AMERICA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
| b. |
MARKET AMERICA MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL |
| d. |
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM MARKET AMERICA OR THROUGH OR FROM THE
EMAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARKET AMERICA SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE,
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) MISDIRECTED ORDERS
OR LOST PROFITS, LOST REGISTRATIONS, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS
OR OTHER DATA; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE EVEN IF MARKET
AMERICA, ITS EMPLOYEES OR INDEPENDENT DISTRIBUTORS THEREOF, ARE ADVISED OF THE
POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES.
12. GENERAL
Claims for enforcement, breach or violation of duties or rights under this
agreement shall be adjudicated under the laws of the State of North Carolina,
without reference to conflict of laws principles. You hereby irrevocably consent
to the exclusive jurisdiction and venue of courts in Guilford County, North
Carolina, U.S.A. in all disputes arising out of or relating to the use of the
Market America services. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Market America as a
result of this agreement or use of the Market America services. You agree to
indemnify and hold Market America, its parents, subsidiaries, affiliates,
officers and employees, and Independent Distributors harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the Market America
services. Market America reserves the right to disclose any personal information
about you or your use of the Market America services, including its contents,
without your prior permission if Market America has a good faith belief that
such action is necessary to: (1) conform to legal requirements or comply with
legal process; (2) protect and defend the rights or property of Market America
or its affiliated companies; (3) enforce the terms or use; or (4) act to protect
the interests of its members or others. Market America's performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Market America's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the MARKET AMERICA services or information provided to or gathered
by Market America with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Market America with respect to the Market America
services and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and Market
America with respect to the Market America services. A printed version of this
agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service Provider's Designated
Agent. Market America’s Agent for Notice of copyright or other intellectual
property infringement can be reached as follows:
By Mail:
Edward Medina
c/o Market America, Inc.
1302 Pleasant Ridge Road
Greensboro, North Carolina 27409
By Phone: (336) 605-0040
By email: internetcompliance@morebv.com
©2003 Market America Incorporated. All rights reserved.
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