BY USING THE MyViSalus™ SOFTWARE OR INTERNET SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND SUCH OTHER USER POLICIES AS MyViSalus OR ITS SUPPORTING PARTNERS AND SUPPLIERS MAY ESTABLISH FROM TIME TO TIME.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE SERVICE, AND SHOULD EXIT THE SIGNUP PROCESS (ONLINE SIGNUPS).
MyViSalus (hereafter " MyViSalus™"), in conjunction with its partners and suppliers, provides the MyViSalus™ Software and Services. MyViSalus™ covenants and agrees that the MyViSalus™ Software and Services provided to you under this Agreement will comply with ViSalus Sciences, Inc.'s policies and guidelines on Internet usage. Your compliance with this Agreement is required for continued use.
1. Software and Services.
1.1 The Software and Services include: two Web Sites with hosting services on MyViSalus™ site with one electronic mail address; use of software for customization of such Web Sites, e-mail, planning, and address book.
1.2. Any and all identification assigned to you by MyViSalus™ or its partners or suppliers (including, but not limited to, internet addresses, user names and e-mail addresses) are and will remain the property of MyViSalus™ and may be altered, replaced or discontinued at any time at the sole discretion of MyViSalus™.
2. Registration.
2.1. You agree to provide accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported within 30 days of the change. Reporting of such changes must be made by using the Billing Information section of the Services.
2.2. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until the account is terminated.
3. Fees and Billing.
3.1. Internet access (dialup) may be included in the Service, should you select this option at any time.
3.2. For use of the Software and Services you will be charged a monthly fee, as specified in the Billing Information section of the Services. This fee must be paid by credit card. The card that will be billed is the card specified during registration. Billing may be changed to a different card by calling Online Support at 801-805-1354 (or such other Online Support number as listed in the Billing Information section of the Services).
3.3. MyViSalus™ reserves the right to change the monthly fee with thirty days prior notice via posting on the Billing Information section of the Services.
3.4. Your card will be charged for the applicable monthly fee for your site. Your card will also be charged for any purchases made via the Services, unless the particular purchase provides for, and you choose, a different payment method.
3.5. You agree to MyViSalus™ charging the credit card information provided on a recurring basis via an anniversary billing system, beginning the date you signup for services. Should the initial attempt be declined, the site may be partially disabled. The declined card may also automatically be attempted a second time. If the card is declined a second time, MyViSalus™ reserves the right to place the site "on hold" until such billing issues can be resolved. Any billing issues that remain unresolved after 21 days from the initial attempt may result in the site being permanently removed. MyViSalus™ and ViSalus Sciences are not responsible for any business or revenue lost during the "hold" period or after the site has been disabled. You agree to pay any fees associated with replacing the site once removed. Notifications will be sent via electronic mail concerning any billing-related issues. It is your responsibility to notify MyViSalus™ of any changes to e-mail addresses. E-mail notifications will be sent if the card declines and when the site is placed "on hold."
3.6. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all reasonable attorney and collection fees arising from efforts to collect any unpaid balance on your account.
3.7 Payment Methods: Two options are available for payment of the MyViSalus™ web site: credit card and check draft. Their use and policies are described below; a. Credit Card: You agree to MyViSalus™ charging the credit card information provided on a recurring basis via an anniversary billing system, beginning the date you signup for services. Should the initial attempt be declined, the site may be partially disabled. The declined card may also automatically be attempted a second time If the card is declined a second time, MyViSalus™ reserves the right to place the site "on hold" until such billing issues can be resolved. b. Check Draft (Automated Clearing House or ACH): You agree to MyViSalus™ withdrawing the necessary funds from the account information provided. The ACH request will be submitted on a recurring basis via an anniversary billing system, beginning the date you signup for services. If the initial attempt is returned, a second attempt will automatically be made. If the request is returned a second time, a third and final attempt will be submitted. If the third request is returned unpaid MyViSalus™ reserves the right to place the site "on hold" until such billing issues can be resolved. Please note that if the request(s) is/are returned due to Insufficient Funds, a $20 Collection Fee may be charged to your bank account.:
4. License
4.1. In exchange for your payment of each monthly fee, MyViSalus™ and its partners and suppliers grant you a personal, non-transferable, non-assignable, non-exclusive license to use the Software for such month via the Service.
4.2. All ownership rights in trademarks (such as MyViSalus™) or copyright (such as for images or text) remain with the original owner. As a subscriber, during each month of your authorized use of the Service you are granted a non-transferable, non-assignable, non-exclusive, limited copyright license to copy MyViSalus™ 's images, text, video, and audio to your Web page and to no other location. MyViSalus™ reserves the right to revoke this license at any time, in whole or in part, at their sole discretion, and without notice to you. This license is further limited by other provisions of this Agreement, such as limits upon the amount of memory available to you. This license specifically excludes use of any MyViSalus™ trademarks, or recognizable portions or corruptions thereof, as an Internet domain name.
4.3. By uploading images or providing text, you grant to MyViSalus™, and those partners and suppliers requiring same, a license to display and reproduce such images and text. Such license will extend only to the extent necessary for operation of the Software and Services, and the title in such images and text remain with the original owner.
5. Use of the Service.
5.1. You acknowledge and agree that this Software and Service are authorized by ViSalus Sciences Inc. for use by its Independent Associates to promote ViSalus Sciences to prospective customers and to communicate with and train their downline via a permanent Internet web site. You agree to abide by ViSalus Sciences's policies and guidelines on Internet usage and that your violation of such policies and guidelines will constitute a violation of this agreement. You acknowledge and agree that MyViSalus™ may remove your Web Site at any time if MyViSalus™ or ViSalus Sciences determine that it is not in compliance with MyViSalus™'s requirements or ViSalus Sciences's policies or guidelines on Internet usage."
5.2. MyViSalus™ authorizes only you to access the Service and use the Software. If you permit others to use the Software and Services, you do so at your own risk. You are responsible for ensuring that any such users comply with this Agreement, and ViSalus Sciences's policies and guidelines on Internet usage, and acknowledge that their violations will be held against you.
5.3. You are responsible for maintaining the confidentiality of your passwords.
5.4. You agree that MyViSalus™, as the provider of the Service, may act as your agent and take action to maintain compliance with this Agreement, including requesting third parties to take various actions to ensure such compliance. You agree that MyViSalus™, ViSalus Sciences, and its Associates shall not be liable for any lost fees, unused or unrealized advertising, lost profit or any other damages resulting from taking action under this clause.
5.5. Users are prohibited from exhibiting, using or transmitting on or through any of the MyViSalus™ Software or Services, any material that is, in ViSalus Sciences or MyViSalus™'s sole discretion, unlawful, obscene, offensive, improper or inconsistent with the image of MyViSalus™. Exhibition, transmission, distribution, or storage of any information, data or material in violation of United States or state law or regulation, or by the common law, is prohibited. This includes, but is not limited to, material protected by patent, copyright, trademark, trade secret, or other statute. MyViSalus™ reserves the right to monitor user sites and data for such material, and to remove such material without notice and/or to terminate or suspend an offender's account without notice, at their sole discretion.
5.6. The Software or Services may also permit downloading of images, audio, patches, software (executable) or other files. The ownership of such material remains with the owner thereof, and further transmission, copying or dissemination without written permission of the owner is prohibited and grounds for immediate termination of the user's account without notice.
5.7. The Software or Services may also permit the uploading or posting of messages, images, audio, patches, software (executable) or other material. By posting or uploading such material the user warrants that such files are free of any claims by a third party, and indemnifies MyViSalus™ and its partners and suppliers against any claims arising from such posting or uploading, and the resultant download, copying or other transmission of such files.
5.8. You agree that use of the Software or Services to degrade or circumvent the security measures of the System or any other system is strictly prohibited. Use of the Software or Services in a manner which degrades system performance (such as by storing unusually large amounts of data) is prohibited.
5.9. The privacy of our customers is a controlling interest. You agree that MyViSalus™ reserves the right to terminate, without notice, your account if your actions, in MyViSalus™'s sole discretion, serve to remove or degrade the privacy of customer data or the security of customer transactions, and to take other necessary steps to repair damage done or attempted. Profiling or other monitoring of site visitor activity is prohibited unless conducted by MyViSalus™ or under a MyViSalus™ authorized program. You specifically agree to abide by, and maintain customer information in accordance with, the most recent revision of ViSalus Sciences's Guidelines on Internet Usage.
5.10. The Software or Services may include, or link to, customer and/or user order or other transaction capabilities. You agree that any modifications, alterations, or abuses of the Software or Services through your account which impair, degrade, alter, falsify, monitor or transmit such transactions or relevant data associated therewith may result in immediate termination, without notice, of your account.
5.11. The Software and Services may include electronic mail (e-mail) capabilities. The transmission of e-mail may be subject to various federal and state laws or regulations. This includes, but is not limited to, unsolicited e-mailings, mass e-mailing, very large e-mailing, e-mails containing offensive or otherwise inappropriate material, e-mails containing forged or misleading headers or subject lines, or e-mails with default materials removed. You agree that any recipient of e-mails via the Service whom requests no further e-mails, in any manner made reasonably known to you, MUST be removed from your e-mail address list or otherwise blocked from receiving further e-mails via the Service. Violation is cause for immediate suspension or termination of your account without notice.
5.12. You are permitted to advertise your Web page at internet locations of your choosing, within ViSalus Sciences Internet Usage Guidelines only, provided such locations are appropriate. We reserve the right to remove any such advertising ourselves as your agent (or require any such advertising to be removed) if we determine (in our sole discretion) that the advertising or the location upon which the advertising is located: promotes sexually explicit materials; promotes violence; promotes discrimination based upon race, sex, religion, nationality, disability, sexual orientation, or age; promotes illegal activities; includes " MyViSalus", "ViSalus Sciences", or any of our or ViSalus Sciences's trademarks or variations thereof in the content or domain name.
5.13. You are permitted to maintain additional domains (i.e., URL address) which automatically redirect to your MyViSalus™ Web page, provided that the domain name does not include "MyViSalus", "ViSalus Sciences", or any of our or ViSalus Sciences's trademarks or variations thereof.
5.14. You are permitted to place authorized links leading TO your MyViSalus™ Web site at locations of your choosing on the internet, including other Web sites, online forums, and the like. Authorized links include those links specifically provided for advertising purposes in the Web office portion of your MyViSalus™ Web site, as well as links you have created yourself from images and text obtained from MyViSalusTM.
5.15. Electronic links FROM your Web site are allowed only in accordance with ViSalus Sciences's Guidelines on Internet Usage to locations within, and operated by, the "MyViSalus" domain and to the ViSalus Sciences domain. This includes all pages directly operated by MyViSalus™. It specifically does NOT include those pages operated by affiliates or third parties of MyViSalus™, or other MyViSalus™ pages without express permission of the subscribers of such MyViSalus™ pages.
5.16. Use of certain features (such as the planner and address book) will cause data you enter to be stored on equipment operated by MyViSalus™ and/or its partners and suppliers. As this information relates to the sales activities of MyViSalus™ products, you agree that MyViSalus™ has a controlling interest in such data. While you may use such data to further the interests of MyViSalus™ or affiliated companies, you may not sell, license, rent or otherwise gain from such data except as authorized in writing by MyViSalus™.
5.17. Except for the Software accessed via the Service, you are responsible for providing and maintaining all equipment and other software necessary to access the Service and Software.
6. No Warranties
6.1. USER HEREBY ACKNOWLEDGES AND AGREES THAT THE SOFTWARE AND SERVICE ARE BEING PROVIDED TO USER "AS IS, WITH ALL FAULTS," AND THAT NEITHER MyViSalusTM NOR ITS PARTNERS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE USEFULNESS, ACCURACY, COMPLETENESS, FEASIBILITY, RELIABILITY OR EFFECTIVENESS OF THE SOFTWARE OR SERVICE OR THAT THE OPERATION OF THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
6.2. WITHOUT LIMITING THE FOREGOING, MyViSalusTM AND ITS PARTNERS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SOFTWARE AND SERVICE.
6.3. IN NO EVENT SHALL MyViSalusTM AND ITS PARTNERS BE LIABLE TO ANY USER FOR ANY FAILURE, DISRUPTION, DOWNTIME, INTERRUPTION, MISCALCULATION, INCORRECT LINKAGE, LOSS OF DATA, DELAY, INACCURACY OR OTHER NONPERFORMANCE OF THE SOFTWARE OR SERVICE OR FOR ANY OTHER LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SOFTWARE OR SERVICE.
6.4. USER AGREES THAT REGARDLESS OF THE FORM OF ANY CLAIM, USER'S SOLE REMEDY AND MyViSalus'S SOLE OBLIGATION WITH RESPECT TO ANY CLAIMS MADE OR RELATED TO OR ARISING OUT OF THIS AGREEMENT SHALL BE GOVERNED BY THIS AGREEMENT, AND IN ALL CASES USER'S REMEDIES SHALL BE LIMITED SPECIFICALLY TO REIMBURSEMENT OF PAYMENTS MADE FOR THE SERVICES RENDERED UNDER THIS AGREEMENT. IN NO EVENT SHALL MyViSalusTM OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE PERFORMANCE OF THIS AGREEMENT ON BEHALF OF MyViSalusTM, INCLUDING ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS, BE LIABLE FOR ANY OF THE FOLLOWING: (A) DAMAGES RESULTING FROM A THIRD PARTY UNLAWFULLY ENTERING THE SUPPORTING WEB SERVER OR ON-LINE SYSTEM AND ACCESSING, ALTERING, OR DESTROYING DATA; (B) DAMAGES RESULTING FROM THE INACCURACY OF USER'S WEB SITE OR OF MATERIAL PROVIDED BY USER; (C) CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, WHETHER IN TORT OR CONTRACT, EVEN IF INTERNET SERVICE HAS BEEN APPRISED ON THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION DAMAGES FROM LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSSES CAUSED BY DELAY, LOSSES CAUSED BY THE FAILURE OF MyViSalus'S COMPUTERS OR THOSE OF THIRD PARTIES THROUGH WHOM MyViSalusTM IS OFFERING SERVICE, OR LOSSES FROM INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET/WORLD WIDE WEB OR THIRD PARTY TELECOMMUNICATION SERVICES.
6.5. MyViSalusTM MAY TAKE THE SERVICE OFF THE INTERNET FOR REPAIRS, UPGRADES OR ROUTINE MAINTENANCE WITHOUT ANY LIABILITY TO USER OR ANY THIRD PARTY.
7. Indemnity.
You agree to defend, indemnify, and hold MyViSalus™ and its partners and suppliers harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; and, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
8. Termination of Agreement.
8.1. MyViSalus™ may terminate this Agreement at any time with or without cause, including violation of this Agreement, or failure to pay monthly fees within 21 days of the date they accrue.
8.2. Upon termination of this Agreement all rights granted to you under this Agreement shall immediately cease and terminate.
8.3. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
8.4. MyViSalus™'s right to enforce the provisions of Sections 1 and 3-9 shall survive termination of this Agreement.
8.5. If you wish to terminate this Agreement, you must either 1) call 801-805-1354, or 2) fax the following information to (801) 224-4457 (or such other number as listed in the Billing Information section of the Service): 1. Your first and last name 2. Your User Name 3. A written statement requesting that your MyViSalus™ site be cancelled.
Once received, please allow 5-7 working days to process the cancellation. You will be notified via e-mail when cancellation is complete.
8.6. Upon a request for cancellation:
1. Sites cancelled within 72 hours of sign up will receive a full refund or credit for the first month's hosting fee. 2. Sites cancelled after registration will receive no credit or refund. However, no additional months of hosting will be charged beyond the month in which the cancellation request is received. 3. All monthly hosting charges are final once processed. 4. If you have not received confirmation within 5 to 7 days of making your request, please take responsibility to contact Online Support at 801-805-1354 (or such other number as listed in the Billing Information section of the Service) to confirm receipt of your e-mailed or faxed cancellation notice.
9. Miscellaneous.
9.1. MyViSalus™ may provide notice to you by electronic mail addressed to your e-mail account under the Service, or by U.S. Mail or courier service to the current address provided for billing purposes, at the option of MyViSalus™. General notices may also be posted via the Service.
9.2. Failure of MyViSalus™ to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
9.3. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Software or Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
9.4. This Agreement constitutes the entire agreement between you and MyViSalus™ with respect to the Software and Service.
9.5. MyViSalus™ reserves the right to alter, amend or modify this Agreement at any time upon thirty (30) days notice. No amendment or modification to this Agreement by you shall be valid or binding on MyViSalus™ unless made in writing and signed by both parties.
1. Software and Services.
1.1 The Software and Services include: two Web Sites with hosting services on MyViSalus™ site with one electronic mail address; use of software for customization of such Web Sites, e-mail, planning, and address book.
1.2. Any and all identification assigned to you by MyViSalus™ or its partners or suppliers (including, but not limited to, internet addresses, user names and e-mail addresses) are and will remain the property of MyViSalus™ and may be altered, replaced or discontinued at any time at the sole discretion of MyViSalus™.
2. Registration.
2.1. You agree to provide accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported within 30 days of the change. Reporting of such changes must be made by using the Billing Information section of the Services.
2.2. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until the account is terminated.
3. Fees and Billing.
3.1. Internet access (dialup) may be included in the Service, should you select this option at any time.
3.2. For use of the Software and Services you will be charged a monthly fee, as specified in the Billing Information section of the Services. This fee must be paid by credit card. The card that will be billed is the card specified during registration. Billing may be changed to a different card by calling Online Support at 801-805-1354 (or such other Online Support number as listed in the Billing Information section of the Services).
3.3. MyViSalus™ reserves the right to change the monthly fee with thirty days prior notice via posting on the Billing Information section of the Services.
3.4. Your card will be charged for the applicable monthly fee for your site. Your card will also be charged for any purchases made via the Services, unless the particular purchase provides for, and you choose, a different payment method.
3.5. You agree to MyViSalus™ charging the credit card information provided on a recurring basis via an anniversary billing system, beginning the date you signup for services. Should the initial attempt be declined, the site may be partially disabled. The declined card may also automatically be attempted a second time. If the card is declined a second time, MyViSalus™ reserves the right to place the site "on hold" until such billing issues can be resolved. Any billing issues that remain unresolved after 21 days from the initial attempt may result in the site being permanently removed. MyViSalus™ and ViSalus Sciences are not responsible for any business or revenue lost during the "hold" period or after the site has been disabled. You agree to pay any fees associated with replacing the site once removed. Notifications will be sent via electronic mail concerning any billing-related issues. It is your responsibility to notify MyViSalus™ of any changes to e-mail addresses. E-mail notifications will be sent if the card declines and when the site is placed "on hold."
3.6. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all reasonable attorney and collection fees arising from efforts to collect any unpaid balance on your account.
3.7 Payment Methods: Two options are available for payment of the MyViSalus™ web site: credit card and check draft. Their use and policies are described below; a. Credit Card: You agree to MyViSalus™ charging the credit card information provided on a recurring basis via an anniversary billing system, beginning the date you signup for services. Should the initial attempt be declined, the site may be partially disabled. The declined card may also automatically be attempted a second time If the card is declined a second time, MyViSalus™ reserves the right to place the site "on hold" until such billing issues can be resolved. b. Check Draft (Automated Clearing House or ACH): You agree to MyViSalus™ withdrawing the necessary funds from the account information provided. The ACH request will be submitted on a recurring basis via an anniversary billing system, beginning the date you signup for services. If the initial attempt is returned, a second attempt will automatically be made. If the request is returned a second time, a third and final attempt will be submitted. If the third request is returned unpaid MyViSalus™ reserves the right to place the site "on hold" until such billing issues can be resolved. Please note that if the request(s) is/are returned due to Insufficient Funds, a $20 Collection Fee may be charged to your bank account.:
4. License
4.1. In exchange for your payment of each monthly fee, MyViSalus™ and its partners and suppliers grant you a personal, non-transferable, non-assignable, non-exclusive license to use the Software for such month via the Service.
4.2. All ownership rights in trademarks (such as MyViSalus™) or copyright (such as for images or text) remain with the original owner. As a subscriber, during each month of your authorized use of the Service you are granted a non-transferable, non-assignable, non-exclusive, limited copyright license to copy MyViSalus™ 's images, text, video, and audio to your Web page and to no other location. MyViSalus™ reserves the right to revoke this license at any time, in whole or in part, at their sole discretion, and without notice to you. This license is further limited by other provisions of this Agreement, such as limits upon the amount of memory available to you. This license specifically excludes use of any MyViSalus™ trademarks, or recognizable portions or corruptions thereof, as an Internet domain name.
4.3. By uploading images or providing text, you grant to MyViSalus™, and those partners and suppliers requiring same, a license to display and reproduce such images and text. Such license will extend only to the extent necessary for operation of the Software and Services, and the title in such images and text remain with the original owner.
5. Use of the Service.
5.1. You acknowledge and agree that this Software and Service are authorized by ViSalus Sciences Inc. for use by its Independent Associates to promote ViSalus Sciences to prospective customers and to communicate with and train their downline via a permanent Internet web site. You agree to abide by ViSalus Sciences's policies and guidelines on Internet usage and that your violation of such policies and guidelines will constitute a violation of this agreement. You acknowledge and agree that MyViSalus™ may remove your Web Site at any time if MyViSalus™ or ViSalus Sciences determine that it is not in compliance with MyViSalus™'s requirements or ViSalus Sciences's policies or guidelines on Internet usage."
5.2. MyViSalus™ authorizes only you to access the Service and use the Software. If you permit others to use the Software and Services, you do so at your own risk. You are responsible for ensuring that any such users comply with this Agreement, and ViSalus Sciences's policies and guidelines on Internet usage, and acknowledge that their violations will be held against you.
5.3. You are responsible for maintaining the confidentiality of your passwords.
5.4. You agree that MyViSalus™, as the provider of the Service, may act as your agent and take action to maintain compliance with this Agreement, including requesting third parties to take various actions to ensure such compliance. You agree that MyViSalus™, ViSalus Sciences, and its Associates shall not be liable for any lost fees, unused or unrealized advertising, lost profit or any other damages resulting from taking action under this clause.
5.5. Users are prohibited from exhibiting, using or transmitting on or through any of the MyViSalus™ Software or Services, any material that is, in ViSalus Sciences or MyViSalus™'s sole discretion, unlawful, obscene, offensive, improper or inconsistent with the image of MyViSalus™. Exhibition, transmission, distribution, or storage of any information, data or material in violation of United States or state law or regulation, or by the common law, is prohibited. This includes, but is not limited to, material protected by patent, copyright, trademark, trade secret, or other statute. MyViSalus™ reserves the right to monitor user sites and data for such material, and to remove such material without notice and/or to terminate or suspend an offender's account without notice, at their sole discretion.
5.6. The Software or Services may also permit downloading of images, audio, patches, software (executable) or other files. The ownership of such material remains with the owner thereof, and further transmission, copying or dissemination without written permission of the owner is prohibited and grounds for immediate termination of the user's account without notice.
5.7. The Software or Services may also permit the uploading or posting of messages, images, audio, patches, software (executable) or other material. By posting or uploading such material the user warrants that such files are free of any claims by a third party, and indemnifies MyViSalus™ and its partners and suppliers against any claims arising from such posting or uploading, and the resultant download, copying or other transmission of such files.
5.8. You agree that use of the Software or Services to degrade or circumvent the security measures of the System or any other system is strictly prohibited. Use of the Software or Services in a manner which degrades system performance (such as by storing unusually large amounts of data) is prohibited.
5.9. The privacy of our customers is a controlling interest. You agree that MyViSalus™ reserves the right to terminate, without notice, your account if your actions, in MyViSalus™'s sole discretion, serve to remove or degrade the privacy of customer data or the security of customer transactions, and to take other necessary steps to repair damage done or attempted. Profiling or other monitoring of site visitor activity is prohibited unless conducted by MyViSalus™ or under a MyViSalus™ authorized program. You specifically agree to abide by, and maintain customer information in accordance with, the most recent revision of ViSalus Sciences's Guidelines on Internet Usage.
5.10. The Software or Services may include, or link to, customer and/or user order or other transaction capabilities. You agree that any modifications, alterations, or abuses of the Software or Services through your account which impair, degrade, alter, falsify, monitor or transmit such transactions or relevant data associated therewith may result in immediate termination, without notice, of your account.
5.11. The Software and Services may include electronic mail (e-mail) capabilities. The transmission of e-mail may be subject to various federal and state laws or regulations. This includes, but is not limited to, unsolicited e-mailings, mass e-mailing, very large e-mailing, e-mails containing offensive or otherwise inappropriate material, e-mails containing forged or misleading headers or subject lines, or e-mails with default materials removed. You agree that any recipient of e-mails via the Service whom requests no further e-mails, in any manner made reasonably known to you, MUST be removed from your e-mail address list or otherwise blocked from receiving further e-mails via the Service. Violation is cause for immediate suspension or termination of your account without notice.
5.12. You are permitted to advertise your Web page at internet locations of your choosing, within ViSalus Sciences Internet Usage Guidelines only, provided such locations are appropriate. We reserve the right to remove any such advertising ourselves as your agent (or require any such advertising to be removed) if we determine (in our sole discretion) that the advertising or the location upon which the advertising is located: promotes sexually explicit materials; promotes violence; promotes discrimination based upon race, sex, religion, nationality, disability, sexual orientation, or age; promotes illegal activities; includes " MyViSalus", "ViSalus Sciences", or any of our or ViSalus Sciences's trademarks or variations thereof in the content or domain name.
5.13. You are permitted to maintain additional domains (i.e., URL address) which automatically redirect to your MyViSalus™ Web page, provided that the domain name does not include "MyViSalus", "ViSalus Sciences", or any of our or ViSalus Sciences's trademarks or variations thereof.
5.14. You are permitted to place authorized links leading TO your MyViSalus™ Web site at locations of your choosing on the internet, including other Web sites, online forums, and the like. Authorized links include those links specifically provided for advertising purposes in the Web office portion of your MyViSalus™ Web site, as well as links you have created yourself from images and text obtained from MyViSalusTM.
5.15. Electronic links FROM your Web site are allowed only in accordance with ViSalus Sciences's Guidelines on Internet Usage to locations within, and operated by, the "MyViSalus" domain and to the ViSalus Sciences domain. This includes all pages directly operated by MyViSalus™. It specifically does NOT include those pages operated by affiliates or third parties of MyViSalus™, or other MyViSalus™ pages without express permission of the subscribers of such MyViSalus™ pages.
5.16. Use of certain features (such as the planner and address book) will cause data you enter to be stored on equipment operated by MyViSalus™ and/or its partners and suppliers. As this information relates to the sales activities of MyViSalus™ products, you agree that MyViSalus™ has a controlling interest in such data. While you may use such data to further the interests of MyViSalus™ or affiliated companies, you may not sell, license, rent or otherwise gain from such data except as authorized in writing by MyViSalus™.
5.17. Except for the Software accessed via the Service, you are responsible for providing and maintaining all equipment and other software necessary to access the Service and Software.
6. No Warranties
6.1. USER HEREBY ACKNOWLEDGES AND AGREES THAT THE SOFTWARE AND SERVICE ARE BEING PROVIDED TO USER "AS IS, WITH ALL FAULTS," AND THAT NEITHER MyViSalusTM NOR ITS PARTNERS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE USEFULNESS, ACCURACY, COMPLETENESS, FEASIBILITY, RELIABILITY OR EFFECTIVENESS OF THE SOFTWARE OR SERVICE OR THAT THE OPERATION OF THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
6.2. WITHOUT LIMITING THE FOREGOING, MyViSalusTM AND ITS PARTNERS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SOFTWARE AND SERVICE.
6.3. IN NO EVENT SHALL MyViSalusTM AND ITS PARTNERS BE LIABLE TO ANY USER FOR ANY FAILURE, DISRUPTION, DOWNTIME, INTERRUPTION, MISCALCULATION, INCORRECT LINKAGE, LOSS OF DATA, DELAY, INACCURACY OR OTHER NONPERFORMANCE OF THE SOFTWARE OR SERVICE OR FOR ANY OTHER LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SOFTWARE OR SERVICE.
6.4. USER AGREES THAT REGARDLESS OF THE FORM OF ANY CLAIM, USER'S SOLE REMEDY AND MyViSalus'S SOLE OBLIGATION WITH RESPECT TO ANY CLAIMS MADE OR RELATED TO OR ARISING OUT OF THIS AGREEMENT SHALL BE GOVERNED BY THIS AGREEMENT, AND IN ALL CASES USER'S REMEDIES SHALL BE LIMITED SPECIFICALLY TO REIMBURSEMENT OF PAYMENTS MADE FOR THE SERVICES RENDERED UNDER THIS AGREEMENT. IN NO EVENT SHALL MyViSalusTM OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE PERFORMANCE OF THIS AGREEMENT ON BEHALF OF MyViSalusTM, INCLUDING ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS, BE LIABLE FOR ANY OF THE FOLLOWING: (A) DAMAGES RESULTING FROM A THIRD PARTY UNLAWFULLY ENTERING THE SUPPORTING WEB SERVER OR ON-LINE SYSTEM AND ACCESSING, ALTERING, OR DESTROYING DATA; (B) DAMAGES RESULTING FROM THE INACCURACY OF USER'S WEB SITE OR OF MATERIAL PROVIDED BY USER; (C) CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, WHETHER IN TORT OR CONTRACT, EVEN IF INTERNET SERVICE HAS BEEN APPRISED ON THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION DAMAGES FROM LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSSES CAUSED BY DELAY, LOSSES CAUSED BY THE FAILURE OF MyViSalus'S COMPUTERS OR THOSE OF THIRD PARTIES THROUGH WHOM MyViSalusTM IS OFFERING SERVICE, OR LOSSES FROM INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET/WORLD WIDE WEB OR THIRD PARTY TELECOMMUNICATION SERVICES.
6.5. MyViSalusTM MAY TAKE THE SERVICE OFF THE INTERNET FOR REPAIRS, UPGRADES OR ROUTINE MAINTENANCE WITHOUT ANY LIABILITY TO USER OR ANY THIRD PARTY.
7. Indemnity.
You agree to defend, indemnify, and hold MyViSalus™ and its partners and suppliers harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; and, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
8. Termination of Agreement.
8.1. MyViSalus™ may terminate this Agreement at any time with or without cause, including violation of this Agreement, or failure to pay monthly fees within 21 days of the date they accrue.
8.2. Upon termination of this Agreement all rights granted to you under this Agreement shall immediately cease and terminate.
8.3. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
8.4. MyViSalus™'s right to enforce the provisions of Sections 1 and 3-9 shall survive termination of this Agreement.
8.5. If you wish to terminate this Agreement, you must either 1) call 801-805-1354, or 2) fax the following information to (801) 224-4457 (or such other number as listed in the Billing Information section of the Service): 1. Your first and last name 2. Your User Name 3. A written statement requesting that your MyViSalus™ site be cancelled.
Once received, please allow 5-7 working days to process the cancellation. You will be notified via e-mail when cancellation is complete.
8.6. Upon a request for cancellation:
1. Sites cancelled within 72 hours of sign up will receive a full refund or credit for the first month's hosting fee. 2. Sites cancelled after registration will receive no credit or refund. However, no additional months of hosting will be charged beyond the month in which the cancellation request is received. 3. All monthly hosting charges are final once processed. 4. If you have not received confirmation within 5 to 7 days of making your request, please take responsibility to contact Online Support at 801-805-1354 (or such other number as listed in the Billing Information section of the Service) to confirm receipt of your e-mailed or faxed cancellation notice.
9. Miscellaneous.
9.1. MyViSalus™ may provide notice to you by electronic mail addressed to your e-mail account under the Service, or by U.S. Mail or courier service to the current address provided for billing purposes, at the option of MyViSalus™. General notices may also be posted via the Service.
9.2. Failure of MyViSalus™ to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
9.3. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Software or Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
9.4. This Agreement constitutes the entire agreement between you and MyViSalus™ with respect to the Software and Service.
9.5. MyViSalus™ reserves the right to alter, amend or modify this Agreement at any time upon thirty (30) days notice. No amendment or modification to this Agreement by you shall be valid or binding on MyViSalus™ unless made in writing and signed by both parties.
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Portions copyright © 1997–2008 MyViSalus
Portions copyright © 1997–2008 MyViSalus