1. Acceptance of Terms
THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE APP. BY USING THE APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Nu Skin International, Inc. (collectively “Nu Skin” or “we”, “us”, “our”) provides access to this mobile application (the “App”) subject to your acceptance of this 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 or using the App in any way, you become a User (defined herein in Section 2) and agree to be bound by the terms of this Agreement. This Agreement was last revised on April 16th, 2018. When using a particular feature of the App, 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 User Agreement please contact Nu Skin by e-mail at email@example.com before using the App.
We will communicate with you by email or by posting notices on this App. 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 App; Modifications
(a) You understand that Nu Skin cannot and does not guarantee or warrant that files available for downloading from the App 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 App 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 the App 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 App. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the App 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 APP 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 APP, THE APP CONTENT, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE APP OR ON THE INTERNET GENERALLY, UNLESS SPECIFICALLY STATED ON THE APP 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 APP. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
NU SKIN DOES NOT WARRANT THAT THE APP OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE APP WILL BE CORRECTED. THE APP AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE APP 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 App or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery 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 App.
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 App, (ii) your misuse of services or goods provided through the App, 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 App, 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 federal and international 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 App 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 App. 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 App 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 APP 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 APP (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 APP; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; OR (V) ANY OTHER MATTER RELATING TO THE APP. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE APP. 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 APP BY YOU, OR $50. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF NU SKIN, OUR PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.
12. Your Account Obligations
In consideration of your use of the App you agree to: (i) provide true, accurate, and current and complete information about yourself or your organization as prompted by the App (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 App and future access to the App. 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. 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 App. This App 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 damages or injury 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 App, you do so entirely at your own risk.
14. Governing Law
This Agreement and access to the App shall be governed by and construed in accordance with the law of the state of Utah, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.
15. Choice of Forum
(a) Nu Skin Distributors, Preferred Customers and ADR Program Participants. If you are a Nu Skin Distributor, a preferred customer or an ADR Program participant, then any dispute arising out of or relating to the use of the App or purchases of services made through the App will be resolved through the arbitration procedure set forth in the Policies and Procedures or your agreement with the company.
(b) Other Users. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the state of Utah and of the United States of America located in Utah for any litigation arising out of or relating to use of the App or purchases of services made through the App (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 the state of Utah and agree not to plead or claim in any court in the state of Utah that such litigation brought therein has been brought in an inconvenient forum.
16. International Users
You may not use this App in violation of any U.S. export laws or regulations. Nu Skin makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the App from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, notwithstanding sections 16 and 17 above.
17. 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 App, 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.
18. Acceptable and Lawful Use of the App
Any information provided to Nu Skin in connection with use of the App: (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 App or otherwise to Nu Skin shall be responsible for the content and information contained therein, including its truthfulness and accuracy. This App is provided as a service to its visitors. Nu Skin reserves the right to delete, modify or supplement the Content of this App 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 unenforcability 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.
21. 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.
22. 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 App. Any amended or modified terms will be effective upon posting. Continued use of the App constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us at firstname.lastname@example.org.
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.
24. 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.
26. 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 pursuant to the Digital Millennium Copyright Act (17 USC § 512) is set forth below:
NU SKIN COPYRIGHT NOTICE
Nu Skin and its affiliates and subsidiaries (“Nu Skin”) respect the intellectual property rights of others and requires those who visit our App to do the same. Nu Skin may, in appropriate circumstances and at its discretion, remove or disable access to material on its App that infringes upon the copyright rights of others. Nu Skin 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 App 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 App 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 App is Blaine Knight, who can be reached as follows:
Nu Skin International, Inc.
75 West Center Street
Provo, UT 84601
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