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terms and conditions |
requirements
The Website is intended only for individuals that can enter into legally binding contracts under applicable law.
registration
By registering on the Website, completing the applicable user account forms and receiving approval from SUZANNETM, you can obtain, or attempt to obtain, the various products and/or services offered for sale on the Website. In order to obtain products from this website, you must first submit your registration to the Company for review and initial approval. The Company reserves the right, in its sole discretion, to deny access to any Website hosted product and/or service including, but not limited to, the Starter Kits, to anyone and for any reason, whatsoever. The registration data that you must supply on the Website in order to obtain your Starter Kit(s) may include, without limitation, your full name, email address, mailing address, telephone number, credit card information, social security number, date of birth, age, gender and/or other reference information (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. The Company will verify and approve all registrants in accordance with its standard verification procedures. If you register at the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18 years of age, you may use the Website only with involvement of a parent or guardian. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Upon registering, providing the requisite Registration Data and reserving your starter kit from the Website, we will ship your selected kit to the shipping address that you provided during registration. Your credit card will not be charged until your kit ships. All charges are payable in United States currency. Failure to use your reserved starter kit(s) does not constitute a basis for refusing to pay any of the associated charges. You agree to be bound by the pricing and billing practices of the Company in effect at any given time. Upon prior written notice to you (with e-mail sufficing), the Company reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. You understand and agree that the Company is not responsible or liable in any manner whatsoever for your inability to use the Website and/or obtain any Suzanne Products. You understand and agree that the Company shall not be liable to you or any third party for any claim in connection with any of the SUZANNE Products.
acceptance of agreement
You agree to the terms and conditions outlined in this Agreement with respect to your use of the website. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the website. By your continued use of the website, you hereby agree to all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes. By accessing this website, you agree to the following terms and conditions. If you do not agree, you have no right or license to access this website and you should not do so.
personal use only
You are authorized to download one copy of the material on this website on one computer for your personal, non-commercial use only, and to print one hard copy of the material on this website for your personal, non-commercial use only. In doing so, you may not remove or in any way alter any trademark, copyright, or other proprietary notice. You may not modify, copy, distribute, republish, commercially exploit, or upload any of the material on this website without the prior written consent of SUZANNE. The website is available only to individuals that can enter into legally binding contracts under applicable law.
editing, deleting and modification
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Website.
disclaimer of warranties
SUZANNE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS." SUZANNE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. SUZANNE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on this Web Site or any web site with which it is linked. Price information and promotions are subject to change without notice.
no liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF THE COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, PURCHASED FROM THE WEBSITE.
indemnification
You agree to indemnify and hold the Company, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Company, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
disclaimer of warranties
THE WEBSITE, ANY INFORMATION OR CONTENT CONTAINED HEREIN, AND THE ASSOCIATED DESCRIPTIONS, THAT ARE OFFERED THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PUSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE, ANY INFORMATION OR CONTENT CONTAINED HEREIN, AND THE ASSOCIATED DESCRIPTIONS, THAT ARE OFFERED THROUGH THIS WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE MAY UNKNOWINGLY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
satisfaction guarantee
The Company agrees to repurchase from a resigning or terminating Distributor all unencumbered products and sales aids purchased by the Distributor from the Company within the previous one year, which are unused and in commercially resalable condition, for not less than 90 percent of the actual amount paid by the Distributor for the products and sales aids which are being returned. Products and sales aids shall be deemed "resalable" if: (1) the product or sales aids, and their packaging, are in a condition that it is commercially reasonable for the company to resell the merchandise at 100% of its wholesale cost; and (2) the expiration date on the product has not elapsed; and (3) the labeling on the product is current; and (4) the product or sales aids are unopened and the seals are unbroken (discontinued products and sales aides are non-refundable); and (5) the product or sales aids are in their original containers, and have not been damaged in any fashion. The Company will honor all terms of state buy-back laws in Georgia, Louisiana, Maryland, Massachusetts, Montana, Puerto Rico, Oklahoma, Texas and Wyoming. Additionally, Montana Distributors who cancel within 15 days are entitled to a 100% refund of any consideration given to participate. Products certified as sold under the 70% rule are no longer subject to buy-back. Commissions paid on returned product are recoverable from all persons to whom the commissions were paid.
export laws
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. No such products may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders (each, a "Restricted List")
third party websites
The Website may provide and/or refer you to links to other Internet websites and/or resources. Because the Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that the Company is not responsible for the availability of such third party websites and/or resources. Furthermore, the Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising there from.
applicable law
The website is controlled by SUZANNE from its office in the State of Michigan. Although the website may be accessed from all 50 states and numerous other countries, you, by accessing this website, hereby agree that the laws of the State of Michigan, without regard to its conflicts of laws principles, will apply to all matters relating to the use of this website and any of the information contained therein.
legal warning
Any attempt to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website, is a violation of criminal and civil law and the Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
user information
Except where expressly provided otherwise by us, all comments, feedback, information, Registration Data or materials that you submit through or in association with this Website shall be considered non-confidential. By submitting such comments, feedback, information or materials to us, you: (i) represent and warrant that the Company's use of your submission does not and will not breach any agreement, violate any law or infringe any third party's rights; (ii) represent and warrant that you have all rights to enter into this Agreement; (iii) agree that the Company is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (iv) grant the Company all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, Registration Data or materials, in whole or in part, or as a derivative work, without any duty by the Company to anyone whatsoever. We do not accept unsolicited ideas, works or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works or materials.
internet
SUZANNE Consultants receive their own SUZANNE web site for one year with the purchase of a SUZANNE Business Kit. This website can be customized by the individual SUZANNE consultant. It allows your customers to shop from your website, giving you sales credit and retail commission from their purchases. It also allows you to conduct E-Parties. After one year, the consultant must pay a monthly fee to maintain their website.
SUZANNE Consultants may not advertise on the Internet in any way using the SUZANNE logo, name, image or likeness of Suzanne Somers or any other intellectual property (see Policy, Advertising and Publicity) unless these ads are approved by Corporate Headquarters in writing. (See approvals on www.suzanne24.com business section).
- Allowed advertising by a SUZANNE Consultant is limited to the Consultant’s official personalized SUZANNE web page that is purchased with a SUZANNE Business Kit or through SUZANNE for a monthly fee. This is the only acceptable form of internet advertising allowed.
A SUZANNE Consultant may not place SUZANNE’s intellectual property on any Internet site. SUZANNE’s intellectual property includes, but is not limited to:
- Trademarks (including company logos)
- Suzanne Somers photos and images or likenesses including illustrations and cartoons
- Service marks, trade names (including product names)
- Patents
- Trade secrets
- Copyrighted materials (including product images, Suzanne Somers photos or depictions and written materials produced by or for HQ) and proprietary and confidential information
SUZANNE Consultants may not sell or advertise SUZANNE products or items including but not limited to products, samples, business materials, awards or any item with a SUZANNE logo via internet auctioning (such as eBay) during the term of the consultant agreement and for two years following deactivation or termination.
1. SUZANNE Consultants may not advertise or promote website URLs containing Suzanne, Somers, Facemaster or any other Zanco, Suzanne or FaceMaster trademarked product name.
2. Product pictures and description are allowed but must be identical to those on www.SUZANNE24.com.
3. All sales of product must be from your personal www.SUZANNE24.com site.
4. SUZANNE Consultants must use their own names and clearly identify themselves as a SUZANNE Independent Sales Consultant.
5. Allowable use of trademarks, images or likeness of Suzanne Somers are as follows:
· documents provided on www.SUZANNE24.com in the Learning Center used in totality.
· provided www.SUZANNE24.com corporate website options.
· provided images of you and Suzanne in the corporate image gallery to be established from events such as the Las Vegas national training.
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