28 December 2017
1. Acceptance of Terms
THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THE SITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Nu Skin Enterprises Hong Kong, LLC (collectively “Nu Skin” or “we”, “us”, “our”) provides access to the Nu Skin web site, located at www.nuskin.com (the “Site”) subject to your acceptance of this Nu Skin Web Site User Agreement (“Agreement”). Nu Skin may update this Agreement from time to time without prior notice to you. We encourage you to review this Agreement periodically for any updates or changes.
By accessing, browsing, framing, using and/or linking to the Site, you become a User (defined herein in Section 2) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, acceptable use policies, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this Agreement, please contact Nu Skin by e-mail at firstname.lastname@example.org before using the Site.
We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. Types of Users
4. Use of the Site; Modifications
(a) You understand that Nu Skin cannot and does not guarantee or warrant that files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. 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 the Site for the reconstruction of any lost data.
(c) Nu Skin Independent Distributors. Nu Skin Independent Distributors (“Distributors”) are independent third party contractors of Nu Skin and Nu Skin is not responsible or liable for the statements, acts or omissions of such Distributors, whether in connection with this website or in any other context. You acknowledge and agree that Nu Skin has no control over, and is not responsible or liable for any information, in any medium, provided to you by a Distributor. Nu Skin does not confirm the accuracy or reliability of any materials created or distributed by Distributor in any medium, including, but not limited to, the internet.
5. System Integrity
You may not use any device, software or routine to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited e-mail (i.e. “Spam”).
6. RISK; INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS.
7. NO WARRANTIES
NU SKIN DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, UNLESS SPECIFICALLY STATED ON THE SITE FOR A PARTICULAR PRODUCT OR SERVICE AND NU SKIN SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.
NU SKIN DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
8. System Outages
Nu Skin periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Nu Skin shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
You agree to indemnify, defend and hold Nu Skin and its parent company, affiliates, subsidiaries, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the Site, (ii) your misuse of services or goods provided through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Nu Skin’s defense of any claim. Nu Skin reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Nu Skin.
10. Intellectual Property
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “Content”) is the property of Nu Skin and/or its affiliates or partners, and is protected by the applicable copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your personal non-commercial use or your non-commercial use within your organization or as otherwise permitted. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Nu Skin. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Nu Skin.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Nu Skin or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Nu Skin copyright.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NU SKIN OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE OR SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL NU SKIN’S TOTAL CUMMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY TO NU SKIN FOR THE USE OF THE SITE BY YOU.
12. Your Account Obligations
In consideration of your use of the Site you agree to: (i) provide true, accurate, and current and complete information about yourself or your organization as prompted by the Site (the “Registration Information”); and (ii) maintain and update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site. You are responsible for maintaining the confidentiality of your password and account number, and are fully responsible for all activities that occur under your account number and password. You agree that your password may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your passwords or account identification information to third parties. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. Nu Skin shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised password.
13. Purchases and Product Pricing
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Nu Skin shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Nu Skin shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User’s credit card charged. Nu Skin reserves the right in its sole discretion to refuse or cancel any order for any reason. If your credit card has already been charged for the purchase and your order is canceled, Nu Skin shall immediately issue a credit to your credit card account in the amount of the charge.
Nu Skin attempts to be accurate in all product descriptions. Nevertheless, Nu Skin does not warrant that any product description or other content on the Site is accurate, complete, reliable, current, or error free. If you find a product is not as described your sole remedy is to return it pursuant to Nu Skin’s return policy.
Nu Skin reserves the right, with or without prior notice, (a) to impose conditions on the honoring of any coupon, coupon code, promotional code or other promotion, (b) change a product description, (c) limit the availability or any product or service, (d) refuse to provide any User or customer with any services.
(b) Promotions. This Site may contain contests or promotions that require you to send material or information about yourself or your distributorship in order to participate. Please note that any such contest or promotion offered through the Site may be governed by a separate set of terms and conditions, that may include, among other things, eligibility requirements such as age limits and geographical restrictions, If you decide to participate in such contests or promotions it will be your responsibility to familiarize yourself with any relevant terms and conditions, and by your participation you agree to comply with any such terms and conditions which shall be binding and final in all respects.
(c) Any claim or cause of action with respect to this Site must be commenced within one year after the alleged default arises. Price and availability of any Nu Skin Product or Service may be changed at any time without notice.
14. No Endorsement of Content and Links to Other Web Sites
Any links to other sites are provided as merely a convenience to the Users of this Site. This Site may provide links or references to other sites but Nu Skin has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any loss or damages arising from any such content. Nu Skin does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
15. Linking and Framing the Site
Unless a User has a written agreement in effect with Nu Skin that states otherwise, a User may only provide a hyperlink to the Site on another web site if the User complies with all of the following: (a) the link must be a text-only link clearly marked "Nu Skin” or the link must "point" to the URL http://www.nuskin.com” and not to other pages within the Site; (b) the link, when activated by a User, must display the Site full-screen and not within a "frame" on the linking web site; and (c) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with the Nu Skin name and trademarks or create the false appearance Nu Skin is associated with, or a sponsor of, the linking web site. By providing this consent, Nu Skin is not foregoing its ownership or rights in any trademarks, copyrights, patents or any other forms of intellectual property associated with the Site. Nu Skin reserves the right to revoke its consent to any link at any time in its sole discretion.
16. Governing Law
This Agreement and access to the Site shall be governed by and construed in accordance with the law of Hong Kong Special Administrative Region of People’s Republic of China (“Hong Kong”).
17. Choice of Forum
(a) Nu Skin Distributors, Preferred Customers and ARO Program Participants. If you are a Nu Skin Distributor, a Preferred Customer or an ARO Program participant, then any dispute arising out of or relating to the use of the Site or purchases of services made through the Site will be resolved through the arbitration procedure set forth in the Policies and Procedures or your agreement with Nu Skin.
(b) Other Users. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Hong Kong for any litigation arising out of or relating to use of the Site or purchases of services made through the Site (and agree not to commence any litigation relating thereto except in such courts). You hereby irrevocably and unconditionally waive any objection to the laying of venue of any such litigation in the courts of Hong Kong and agree not to plead or claim in any court in Hong Kong that such litigation brought therein has been brought in an inconvenient forum.
18. International Users
You may not use this Site in violation of any Hong Kong export laws or regulations. Nu Skin makes no claims that the Content is appropriate or may be downloaded outside of Hong Kong. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of Hong Kong, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, notwithstanding sections 16 and 17 above.
19. User Feedback
Should any User respond to Nu Skin with information including feedback, such as questions, requests, opinions, comments, suggestions, or the like regarding the content of any Nu Skin document, the Site, or Nu Skin services, such information shall be deemed to be non-confidential and Nu Skin shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Nu Skin shall be free to use any ideas, concepts, know how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
20. Acceptable and Lawful Use of the Site
Any information provided to Nu Skin in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Nu Skin or cause us to lose the services of our Internet service providers or other suppliers. The sender of any communications to this Site or otherwise to Nu Skin shall be responsible for the content and information contained therein, including its truthfulness and accuracy. This Site is provided as a service to its visitors. Nu Skin reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone.
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement.
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
23. No Waiver
Any delay or failure by you or Nu Skin, at any time or times, to require performance of any provision hereof shall in no manner affect your or Nu Skin’s right at a later time to enforce such provision. No delay or failure of you or Nu Skin in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
24. Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Nu Skin and you pertaining to the subject matter hereof. In its sole discretion, Nu Skin may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us at email@example.com.
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Nu Skin, except pursuant to the sale of your business, or all or substantially all of its assets. Nu Skin may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
26. Third Party Beneficiary Rights
No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
28. Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Nu Skin’s policy regarding copyright infringement and Nu Skin’s designated agent for receipt of copyright infringement claims is set forth below:
NU SKIN COPYRIGHT NOTICE
Nu Skin and its affiliates and subsidiaries (“Nu Skin Group”) respect the intellectual property rights of others and requires those who visit our Site to do the same. Nu Skin Group may, in appropriate circumstances and at its discretion, remove or disable access to material on its Site that infringes upon the copyright rights of others. Nu Skin Group also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.
If you believe that your work has been used on our Site in any manner that constitutes copyright infringement, please notify Nu Skin's copyright agent by written notice. The notice should include the following information:
• An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
• A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
• Identification of the location on our Site of the material you claim has been infringed, or the link or reference to another web site that contains the material you claim has been infringed;
• Your name, address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
• A statement by you, under penalty of perjury, that the information in this notification is accurate and that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
Nu Skin’s copyright agent for notice of claims of copyright infringement on this Site is Blaine Knight, who can be reached as follows:
Nu Skin International, Inc.
75 West Center Street
Provo, UT 84601
Copyright © 2017 Nu Skin. All Rights Reserved.
B. Refund Policy, Exchange Policy and Policy for Uncollected/ Undelivered Products
(a) If you purchase products directly from Nu Skin as a retail customer, unless otherwise required by applicable law, Nu Skin will refund to you 100 percent of the purchase price, on unopened and resalable products sold and delivered by Nu Skin to you but returned to Nu Skin within 30 days of the order date. Retail customers may only return the products purchased directly from Nu Skin. Nu Skin does not refund the original shipping costs on returned products. Retail customers must provide the original sales receipt to Nu Skin at the time you request a refund. Retail customers may also return individual products that are purchased as part of a kit or package. All refunds will be made by way of a credit card charge back. The refund policy may not apply to product promotion. In such case, specific prior notification will be given.
(b) If you are Nu Skin Distributors, unless otherwise required by applicable law, Nu Skin will, after deducting an administrative fee equivalent to 10 percent of the price, refund to you 90 percent of the purchase price less applicable bonuses, on unopened and resalable products and business support material sold by Nu Skin to you that are returned within 12 months of the order date. You may only return the products or business support material you purchased directly from Nu Skin. Nu Skin does not refund the original shipping costs on products that you return. In order for Nu Skin to correctly back out the applicable bonuses on returned Products, you must keep the sales order number from the invoice. You must provide the sales order number to Nu Skin at the time you request a refund. You may also return individual products that are purchased as part of a kit or package. The form of the refund will be based on the original form of payment if practicable. If payment was previously made by credit card, a credit card charge back will be arranged. If payment was previously made by cash, a product credit will be arranged. Nu Skin may choose other alternative refund methods as it deems fit. The return of products may affect your eligibility to receive bonuses and your pin level, and if bonuses have already been paid on the returned products, then Nu Skin will recoup your bonuses. Nu Skin does not provide refunds for products or business support materials and services purchased from another Distributor. You must seek a refund directly from the Distributor who sold you such products or business support materials and services. The refund policy may not apply to product promotion. In such case, specific prior notification will be given.
2. Exchange Policy for Products Purchased Directly from Nu Skin
Unless otherwise required by applicable law, Nu Skin will exchange products purchased directly from Nu Skin that were incorrectly sent, or are defective, if you notify Nu Skin within 30 days of the date of purchase. If an exchange is not feasible, Nu Skin may issue (i) a company credit for the amount of the exchanged products, which may be used to purchase other products, or (ii) a full refund of the purchase price.
3. Uncollected/ Undelivered Products
(a) If you are retail customers who purchase products directly from Nu Skin, you acknowledge that administrative time and costs will be incurred by Nu Skin to retain products purchased but remain uncollected by and/or undelivered to you. Accordingly, you agree that IN THE EVENT THAT:
(1) when collection is to be made by you and you fail or neglect for whatsoever reason to collect the products from Nu Skin within thirty (30) days from the date of purchase; or
(2) where you have requested Nu Skin and Nu Skin has agreed to deliver any products to you but Nu Skin is unable to deliver such products to you due to an incorrect or incomplete delivery address or the unavailability of the named recipient at the address as provided by you, and you fail or neglect to collect the products from Nu Skin within thirty (30) days from the date of purchase,
THEN upon the expiry of the aforesaid period of thirty (30) days, Nu Skin shall, without further reference, notice or account to you, cancel your order of such products and after deducting an administrative fee equivalent to 10 percent of the purchase price, refund to you 90 percent of the purchase price.
(b) If you are Nu Skin Distributors, you acknowledge that administrative time and costs will be incurred by Nu Skin to retain products and/or business support materials purchased but remain uncollected by and/or undelivered to you. Accordingly, you agree that IN THE EVENT THAT:
(1) when collection is to be made by you and you fail or neglect for whatsoever reason to collect the products and/or business support materials from Nu Skin within thirty (30) days from the date of purchase; or
(2) where you have requested Nu Skin and Nu Skin has agreed to deliver any products and/or business support materials to you but Nu Skin is unable to deliver such products and/or business support materials to you due to an incorrect or incomplete delivery address or the unavailability of the named recipient at the address as provided by you, and you fail or neglect to collect the products and/or business support materials from Nu Skin within thirty (30) days from the date of purchase,
THEN upon the expiry of the aforesaid period of thirty (30) days, Nu Skin shall, without further reference, notice or account to you, cancel your order of such products and/or business support materials and after deducting an administrative fee equivalent to 10 percent of the purchase price, refund to you 90 percent of the purchase price less applicable bonuses. If bonuses have already been paid on such products, then Nu Skin will recoup your bonuses.