­NU SKIN CONNECT TERMS OF USE

Welcome to Nu Skin Connect!

 

Nu Skin Connect is a mobile application that Nu Skin International, Inc. (“Nu Skin”), through its third-party provider Penny AI Technologies Inc. (“Penny”), makes available to its Nu Skin Brand Affiliates to help you manage your customer and other business-related contacts (“Customers”), organize daily tasks, and conduct other business-related activities (“Nu Skin Connect”). These Terms of Use (these “Terms”) govern your use of Nu Skin Connect.

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING NU SKIN CONNECT. BY DOWNLOADING, ACCESSING, OR USING NU SKIN CONNECT, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS, AS WELL AS THE NU SKIN PRIVACY NOTICE.

WHEN USING A PARTICULAR FEATURE OF NU SKIN CONNECT OR THE SERVICES, YOU MAY ALSO BE SUBJECT TO ADDITIONAL RULES, GUIDELINES, TERMS OF SERVICE, PRIVACY NOTICES, OR OTHER CONTRACTUAL PROVISIONS AS NOTED.

IF YOU DO NOT ACCEPT OR AGREE WITH ANY OF THESE TERMS, THEN DO NOT DOWNLOAD NU SKIN CONNECT OR, IF YOU HAVE ALREADY DOWNLOADED NU SKIN CONNECT, UNINSTALL NU SKIN CONNECT AND DISCONTINUE ITS USE.

 

IN ADDITION, THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE (SECTION 13), LIMITATIONS ON NU SKIN’S AND ITS THIRD-PARTY PROVIDERS’ LIABILITY (SECTION 12), AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST NU SKIN, ANY OF NU SKIN’S AFFILIATED ENTITIES, OR ANY OF NU SKIN’S THIRD-PARTY PROVIDERS TO BINDING AND FINAL ARBITRATION.

 

THE AGREEMENT TO ARBITRATE FURTHER PROVIDES THAT (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST NU SKIN, NU SKIN’S AFFILIATED ENTITIES, OR NU SKIN’S THIRD-PARTY PROVIDERS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST NU SKIN, NU SKIN’S AFFILIATED ENTITIES, OR NU SKIN’S THIRD-PARTY PROVIDERS RESOLVED BY A JURY OR IN A COURT OF LAW. PLEASE READ THESE SECTIONS CAREFULLY BEFORE USING NU SKIN CONNECT.

 

THESE TERMS SUPERSEDE ANY OTHER TERMS OF USE AVAILABLE ON NU SKIN’S WEBSITE, AVAILABLE AT WWW.NUSKIN.COM, OR PENNY’S WEBSITE, AVAILABLE AT WWW.GETPENNY.COM.

 

  1. GENERAL

These Terms constitute a binding legal agreement between you, as an individual or in your capacity as an authorized representative of an entity or a Nu Skin Brand Affiliate account (in either case, “you” or “your”), and Nu Skin. These Terms describe the terms and conditions under which the Nu Skin Connect software and any associated products, features, functionality, content, or websites are provided to you (collectively, the “Services”). If you permit, authorize, provide access to, or otherwise allow any other individuals to use the Services through your account or device, including but not limited to other individuals engaging in Business Activity (as such term is defined in the Nu Skin Policies and Procedures) on behalf of your Nu Skin Brand Affiliate account, or represent such individuals in any legal capacity, such individuals will be deemed to be included in the terms “you” or “your” as used in these Terms.

 

Nu Skin may amend or replace these Terms at any time, without prior notice to you, except as may be required under applicable laws, rules, or regulations. If you continue to use the Services, you will be bound by any modifications made to these Terms. You should review the then-current version of these Terms from time to time, which are available at https://www.nuskin.com/content/nuskin/en_US/home/crm/terms-of-service.html.

 

  1. REGISTRATION AND ACCOUNT

2.1 Registration. In order to access, use, and upload content to Nu Skin Connect, you must have an active Nu Skin Brand Affiliate account that is in good standing and you must register for a Nu Skin Connect account using the same email address that is associated with your Nu Skin Brand Affiliate account. Further, you must enter into a Data Protection Agreement by and among you, Nu Skin, and Penny, which sets forth the parties’ respective rights and obligations with respect to any of your Customers’ personal information that may be uploaded to Nu Skin Connect (the “DPA”).

 

By registering for a Nu Skin Connect account, and in consideration for your access to and use of Nu Skin Connect and the Services, you represent, warrant, and agree that (a) you are of legal age to form a binding contract; (b) all information provided by you accurate, current, and complete, and you will maintain and update all information provided by you to keep it accurate, current, and complete; (c) your use of Nu Skin Connect and the Services will be solely for your personal and lawful use in connection with your Nu Skin business; (d) you will comply with these Terms, the DPA, and all applicable laws in using Nu Skin Connect and the Services; and (e) you will comply with the Nu Skin Brand Affiliate Agreement, the Nu Skin Policies and Procedures, the Nu Skin Social Sharing Guidelines, the Nu Skin Product Testimonial Guidelines, the Nu Skin Opportunity Testimonial Guidelines, and all other applicable Nu Skin guidelines (collectively, the “Nu Skin Policies and Guidelines”) in using Nu Skin Connect and the Services. If you register on behalf of a business entity or other organization, you represent and warrant that you have the authority to bind such entity or organization to these Terms, in which case these Terms will be between such entity or organization and Nu Skin, and that you have the authority to make all of the representations and warranties contained in these Terms on such entity’s or organization’s behalf, including those set forth in this Section 2.1.

 

2.2 Personal Information. When you register for and use a Nu Skin Connect account, Nu Skin will collect and process certain personal information, including but not limited to your name, email address, profile picture, and location, as well as track your usage of Nu Skin Connect. This information will be collected, used, and disclosed in accordance with the Nu Skin Privacy Notice, which is incorporated into these Terms by reference and which is available on Nu Skin’s website at nuskin.com. By downloading or using Nu Skin Connect and the Services, you agree to the Nu Skin Privacy Policy.

 

2.3 Account Information. You understand and agree that your password may be used to attribute an electronic record and electronic signature to you. You further understand and agree that you are solely responsible for keeping your login, password, and any codes related to your use of Nu Skin Connect and the Services confidential. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You will be solely liable for any claims, damages, losses, costs, or other liabilities resulting from any failure to keep your login, password, or any codes related to your use of Nu Skin Connect and the Services confidential (whether such failure or any disclosure occurs with or without your knowledge or consent).

 

  1. DISCLAIMERS

3.1 Other Users. Neither Nu Skin nor its third-party providers have control over the conduct of other users of Nu Skin Connect and the Services, or over the truth or accuracy of the information that other users share through Nu Skin Connect or the Services. Neither Nu Skin nor its third-party providers can guarantee the true identity of any individual with whom you engage through the Services. Neither Nu Skin nor its third-party providers endorse any person who uses or registers for Nu Skin Connect or the Services. NEITHER NU SKIN NOR ITS THIRD-PARTY PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, CAUSED BY ANOTHER USER OF NU SKIN CONNECT OR THE SERVICES.

 

3.2 User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with Nu Skin Connect or the Services. Neither Nu Skin nor its third-party providers shall have any liability or responsibility with respect to such interactions. Nu Skin reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of Nu Skin Connect or the Services.

 

  1. PRIVACY

4.1 Personal Information of Your Customers. If you provide your Customers’ personal information or use Nu Skin Connect or the Services to collect, use, or disclose personal information of a Customer, you represent and warrant that you have received consent from such Customer, or otherwise have the right, to provide the personal information to Nu Skin and its third-party providers. In particular, you are required to inform any such Customers that their data may be used, disclosed, or otherwise processed in Nu Skin Connect by providing them with a duly completed privacy notice in accordance with the DPA. Notwithstanding the foregoing or anything to the contrary in these Terms, the collection, use, and disclosure of any Customer personal information in connection with your use of Nu Skin Connect and the Services, and Nu Skin’s provision of the Services, will be governed by the terms of the DPA, which is incorporated into these Terms by this reference and can be accessed here.

 

4.2 Auditing of Nu Skin Connect Accounts in U.S. If you are a Brand Affiliate located in the United States, Nu Skin may access your Nu Skin Connect account, including the personal information of Customers uploaded to Nu Skin Connect by you, for the limited purpose of carrying out the verification of product sales to your Customers in compliance with applicable regulations and guidance of the U.S. Federal Trade Commission. Pursuant to the terms of the DPA, and in accordance with Section 4.2 above, it is your responsibility to make sure that your Customers have received adequate notice that Nu Skin may access and process their data for such purposes.

 

  1. YOUR LICENSE TO USE NU SKIN CONNECT

5.1 License. Subject to your ongoing compliance with these Terms, you are hereby granted a revocable, non-exclusive, limited, non-transferable, non-sublicensable personal license to install Nu Skin Connect and to access and use Nu Skin Connect and the Services on a device that you own or control (the “License”). Pursuant to these Terms, Nu Skin Connect and the Services are being licensed to you, not sold. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF NU SKIN CONNECT AND THE SERVICES. 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. Each of Nu Skin and Penny reserves the right, in such party’s sole discretion, to add to, change, limit, or discontinue any aspect, content, functionality, or feature of Nu Skin Connect or the Services at any time. Any such additions, changes, limitations, or discontinuations will be subject to these Terms.

 

5.2 Reservation of Rights. Nu Skin Connect, the Services, and all content therein or transferred thereby, including without limitation software, images, text, graphics, illustrations, logos, trademarks, service marks, patents, copyrights, photographs, audio, videos, and music (the “Nu Skin Connect Content”), and all intellectual property rights related thereto, are the exclusive property of Nu Skin, Penny, or Nu Skin’s other third-party service providers, as applicable. Use of the Nu Skin Connect Content for any purpose not expressly permitted by these Terms is strictly prohibited. Except as explicitly provided herein, nothing in these Terms gives you a right to use any names, trademarks, logos, or other distinctive brand features of Nu Skin, Penny, or Nu Skin Connect without prior written consent.

 

5.3 Feedback. You may choose, or Nu Skin or Penny may invite you, to submit comments, suggestions, or other feedback about Nu Skin Connect and the Services, which may include, but are not limited to, ideas for how to improve Nu Skin Connect and the Services (“Feedback”). By submitting Feedback to Nu Skin or Penny, you agree that your disclosure is entirely voluntarily and without restriction and will not place Nu Skin or Penny under any fiduciary or other obligation to you. You further agree that Nu Skin and Penny are free to use and exploit the Feedback in any manner without compensation to you. Feedback, even if designated confidential by you, shall not, absent a separate written agreement among you, Nu Skin, and Penny, create any confidentiality obligation for Nu Skin or Penny with respect to such Feedback, and Nu Skin and Penny are free to disclose the Feedback on a non-confidential basis, or on any other basis, to anyone. All Feedback will be the exclusive property of Nu Skin. To the extent you own any rights in the Feedback, you agree to assign, and hereby do assign, to Nu Skin all right, title, and interest in and to the Feedback. You agree to perform all acts reasonably requested by Nu Skin to perfect and enforce such rights.

 

  1. YOUR LICENSE TO NU SKIN AND PENNY

6.1 User Content. By downloading Nu Skin Connect or using Nu Skin Connect or the Services, and without further payment or consideration to you, you grant Nu Skin the right to use any data (excluding your Customers’ personal information), materials, or other content uploaded or otherwise transmitted to, or created by you through, Nu Skin Connect or the Services, including but not limited to images, text, graphics, illustrations, logos, photographs, audio, videos, music, reviews, comments, and other materials (which may include your name, likeness, and social media user names and handles) (collectively, the “User Content”), subject to the following terms and conditions:

            (a) You will retain ownership of such User Content, and you grant to Nu Skin and its designees (which may include, but are not limited to, Penny, other third-party providers, Nu Skin Brand Affiliates, and Nu Skin customers) a worldwide, royalty-free, non-exclusive license, with right of sublicense (through multiple tiers), to collect, use, reproduce, host, communicate, store, distribute (through multiple tiers), create derivative works of, and publicly display such User Content.

            (b) You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Content, that the User Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, that the User Content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, and that the User Content complies with the Nu Skin Policies and Guidelines.

            (c) You have obtained the written consent, release, and/or permission of every identifiable individual who appears in the User Content, or if any such identifiable individual is under the age of eighteen (18), you have obtained the written consent, release, and/or permission from such individual’s parent or guardian, to use such individual’s likeness as part of such User Content in the manner contemplated by these Terms. You agree to provide to Nu Skin a copy of any such consents, releases, and/or permissions upon request. If you do submit User Content that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Content.   

  

6.2 Deletion of User Content. You understand and agree that Nu Skin may, in its sole discretion and without prior notice, use, modify, revise, filter, or delete any User Content, including but not limited to permanently deleting such User Content from Nu Skin Connect and the Services at any time. Without limiting the foregoing, certain User Content, including but not limited to marketing assets uploaded to or created within Nu Skin Connect by you, will be deleted from the Services every twelve (12) months, unless you recertify that such User Content continues to comply with the Nu Skin Policies and Guidelines.

 

  1. RESTRICTIONS ON USE

In using Nu Skin Connect and the Services, you represent and warrant that you will not:

  • intentionally or unintentionally violate any of these Terms or any local, state, provincial, national, regional, or international law or regulation;

 

  • attempt to decompile, reverse compile, reverse engineer, disassemble, or otherwise to derive source code from any part of Nu Skin Connect, the Services, or any other software provided in connection with the Services;

 

  • make any modification, adaptation, improvement, enhancement, or translation of, or create derivative works from, Nu Skin Connect or the Services, or use, copy, modify, alter, or transfer Nu Skin Connect or the Services contrary to these Terms or applicable laws and regulations;

 

  • access or use Nu Skin Connect or the Services for the purpose of copying any feature of Nu Skin Connect or the Services, or for building a competitive product;

 

  • license, sell, rent, lease, transfer, assign, redistribute, or otherwise commercially exploit Nu Skin Connect, the Services, or any aspect thereof;

 

  • upload, post, email, transmit, or otherwise make available any material that:

 

  • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;

 

  • you do not have a right to make available under any law or under a contractual relationship, or which discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement;

 

  • infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party (including privacy rights);

 

  • is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

 

  • contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of Nu Skin Connect or the Services, or any computer software or hardware, telecommunications equipment, or data of Nu Skin, Penny, or any other user, or that compromises another user’s privacy;

 

  • contains any falsehoods or misrepresentations or creates an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

 

  • use Nu Skin Connect or the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation photographs of others without their permission, personal contact information, or credit, debit, or other account numbers;

 

  • interfere with another’s use of Nu Skin Connect or the Services, or with Nu Skin’s and Penny’s ability to provide Nu Skin Connect and the Services;

 

  • “stalk” or harass any other user of Nu Skin Connect or the Services, or collect or store any information about any other user, other than for purposes of transacting with one another;

 

  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

 

  • use automated scripts to collect information or otherwise interact with Nu Skin Connect or the Services;

 

  • remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices of Nu Skin, Penny, or any other party;

 

  • use Nu Skin Connect or the Services on a device without permission, regardless of whether it is a stolen, lost, or unauthorized device, or tamper with or make an unauthorized connection to the network of any wireless service provider;

 

  • use any part of Nu Skin Connect or the Services while operating vehicles, heavy machinery or engaging in any activity where insufficient attention on your part could result in personal injury, death, or property damage; or

 

  • advocate, encourage, assist, allow, permit, or enable any third party in doing any of the foregoing.

 

  1. MODIFICATION, SUSPENSION, OR TERMINATION OF YOUR ACCOUNT

8.1 Account Modification, Suspension, or Termination by Nu Skin. Your access to your Nu Skin Connect account and the Services may be modified, restricted, or suspended, in whole or in part, at any time, without prior notice to you, for any or no reason. Further, your Nu Skin Connect account may be terminated at any time, without prior notice to you, for any or no reason. Any such modification, restriction, suspension, or termination shall be made by Nu Skin in its sole discretion, and neither Nu Skin nor its third-party providers shall be responsible to you or any third party for any damages that may result from such modification, restriction, suspension, or termination of your Nu Skin Connect account and/or your access to the Services. Reasons for termination may include, but are not limited to: (a) violations of these Terms, the DPA, the Nu Skin Policies and Guidelines, and any other policies or guidelines that are referenced in these Terms and/or posted in Nu Skin Connect or through the Services; (b) discontinuance or material modification to Nu Skin Connect, the Services, or any part thereof; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) cases where the provision of Nu Skin Connect or the Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; or (f) your participation in fraudulent or illegal activities. Your Nu Skin Connect account will be automatically terminated if you have not logged in to your account in twelve (12) consecutive months.  

 

8.2 Termination of Account by You. You may terminate your Nu Skin Connect account at any time by contacting Nu Skin.

 

8.3 User Content Upon Termination of Account. Upon termination of your account, all User Content and all Customer personal information associated with your Nu Skin Connect account shall be deleted. In the event you or Nu Skin terminates your Nu Skin Connect account for any reason, all associated User Content and Customer personal information shall be deleted thirty (30) days from the date of such termination. You may contact Nu Skin to obtain a downloadable copy of your User Content and Customer personal information at any time prior to deletion of such User Content and Customer personal information.

 

  1. INDEMNITY

You agree to indemnify, defend, and hold harmless each of Nu Skin, Penny, Nu Skin’s other third-party providers, and each of their respective owners, officers, directors, members, managers, affiliates, subsidiaries, employees, agents, representatives, contractors, suppliers, licensors, successors, and assigns from and against any claim, demand, proceeding, loss, damage, liability, cost, or expense (including but not limited to reasonable attorneys’ fees and court costs) of any kind arising out of (a) your access to, use, or misuse of Nu Skin Connect, the Services, or any third-party content and services; (b) any breach by you of your obligations under this Terms of Use Agreement or these Terms; (c) any content you create, submit, post, transmit, or otherwise make available through Nu Skin Connect or the Services; (d) your violation of the rights of a third party, including but not limited to any infringement of any intellectual property, proprietary right, or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (e) any violation of law; (f) your negligence or willful misconduct; (g) any dealings between you and any person or entity that you send or otherwise transmit any content to using Nu Skin Connect and the Services; or (h) your violation of any contract you enter into with another user of Nu Skin Connect and the Services. This obligation shall survive the termination or expiration of this Terms of Use Agreement, these Terms, and/or your use of Nu Skin Connect and the Services. Each of Nu Skin and Penny reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Nu Skin or Penny, as applicable, and you agree to cooperate in such defense. You will not in any event settle any matter without the written consent of Nu Skin or Penny, as applicable.

 

  1. THIRD-PARTY CONTENT, SITES, AND SERVICES; DISTRIBUTION CHANNELS

10.1 Third-Party Content, Sites, and Services. Nu Skin Connect and the Services may direct you to sites, software, or services owned or operated by third parties (“Third-Party Sites”). Nu Skin has not reviewed all of the Third-Party Sites to which you may be directed, and Nu Skin has no control over such Third-Party Sites. Additionally, Nu Skin has no control over and is not responsible for (a) the content and operation of such Third-Party Sites or (b) the privacy or other practices of such Third-Party Sites. The fact that Nu Skin Connect or the Services direct you to such Third-Party Sites does not indicate any approval or endorsement of any such Third-Party Sites. Nu Skin Connect and the Services direct you to such Third-Party Sites only as a convenience. You are responsible for the costs associated with such Third-Party Sites, including any applicable license fees and service charges. Accordingly, Nu Skin strongly encourages you to become familiar with the terms of use and practices of any such Third-Party Sites.

 

Third-Party Sites may provide links to other sites and apps with or without Nu Skin’s authorization. Nu Skin does not endorse such sites, and Nu Skin is not and will not be responsible or liable for any links to those sites or apps, any content, advertising, products, or other materials available on or through such other sites or apps, or any loss or damages incurred in connection therewith.

 

YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES, SOFTWARE, AND SERVICES, INCLUDING BUT NOT LIMITED TO YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD-PARTY SITES, SOFTWARE, AND SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE, AND SERVICES. YOU HEREBY RELEASE NU SKIN, PENNY, AND NU SKIN’S OTHER THIRD-PARTY PROVIDERS FROM ALL LIABILITY AND/OR DAMAGES THAT MAY ARISE FROM YOUR USE OF ANY THIRD-PARTY SITES OR YOUR RECEIPT OF SERVICES FROM ANY THIRD-PARTY SITES.

  

Nu Skin has the right, at any time and in its sole discretion, to block links to Third-Party Sites and apps through technological or other means without prior notice.

 

10.2 Distribution Channels. Nu Skin Connect may be made available through the Apple App Store, Google Play, or other distribution channels (each, a “Distribution Channel”). If you obtain Nu Skin Connect through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and Nu Skin only, and not with the Distribution Channel.

 

Where Nu Skin Connect is made available for your use in connection with an Apple-branded product (“Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

 

  • You and Nu Skin each acknowledge that these Terms are concluded between you and Nu Skin only, and not with Apple Inc. (“Apple”), and that as between Nu Skin and Apple, Nu Skin and its third-party providers, as applicable, not Apple, are solely responsible for the Apple-Enabled Software and the content thereof.
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be the sole responsibility of Nu Skin and its third-party providers, as applicable, to the extent it cannot be disclaimed under applicable law.
  • You and Nu Skin each acknowledge that Nu Skin and its third-party providers, as applicable, not Apple, are responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Nu Skin and Apple, Nu Skin and its third-party providers, as applicable, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
  • If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Nu Skin as follows:
  •  

Attention:  Legal

Nu Skin International, Inc.

75 West Center Street

Provo, Utah 84601

United States

 

You and Nu Skin each acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

 

  1. DISCLAIMER OF WARRANTIES

NU SKIN CONNECT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NU SKIN AND EACH OF ITS THIRD-PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO NU SKIN CONNECT AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

 

NU SKIN AND EACH OF ITS THIRD-PARTY PROVIDERS MAKES NO WARRANTY (A) AGAINST INTERFERENCE OF YOUR ENJOYMENT OF NU SKIN CONNECT AND THE SERVICES; (B) THAT NU SKIN CONNECT AND THE SERVICES WILL BE FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE, OR MEET YOUR REQUIREMENTS; (C) REGARDING THE SECURITY, RELIABILITY, OR TIMELINESS OF THE SERVICES; OR (D) THAT ANY ERRORS, BUGS, OR FAILURES IN NU SKIN CONNECT OR THE SERVICES WILL BE CORRECTED.

 

ANY CONTENT OR MATERIAL DOWNLOADED, TRANSMITTED, STORED, ACCESSED, OR OTHERWISE MAINTAINED THROUGH YOUR USE OF NU SKIN CONNECT OR THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF NU SKIN CONNECT OR THE SERVICES. NO ADVICE, COURSE OF CONDUCT, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NU SKIN OR ANY PARTY, OR THROUGH NU SKIN CONNECT OR THE SERVICES, SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT NU SKIN MIGHT NOT BE ABLE TO OFFER NU SKIN CONNECT OR THE SERVICES AT ALL IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS.

 

  1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL NU SKIN, PENNY, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING NU SKIN CONNECT OR THE SERVICES, OR ANY OF THEIR RESPECTIVE PARENT, SUBSIDIARY, OR OTHERWISE AFFILIATED ENTITIES, PREDECESSORS, SUCCESSORS, ASSIGNS, PARTNERS, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, INVESTORS, REPRESENTATIVES, AGENTS, OR VENDORS (COLLECTIVELY, THE “NU SKIN RELATED PARTIES”), BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF FUTURE REVENUE OR INCOME; LOSS OF PERSONAL OR BUSINESS REPUTATION OR OPPORTUNITY; LOSS OF PROFITS, GOODWILL, USE, OR DATA; LOSS OF CONFIDENTIAL INFORMATION; OR BUSINESS INTERRUPTION, CORRUPTION OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE NU SKIN RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), ARISING OUT OF OR RELATING TO (A) ANY BREACH OR ALLEGED BREACH OF THIS TERMS OF USE AGREEMENT OR THESE TERMS; (B) YOUR USE OR INABILITY TO USE NU SKIN CONNECT OR THE SERVICES, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION, OR SERVICES, (D) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON NU SKIN CONNECT OR THE SERVICES, (E) ANY BUGS, VIRUSES, OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH NU SKIN CONNECT OR THE SERVICES, (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (H) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS, ENTITIES, OR USERS WHOM YOU SEND OR TRANSMIT ANY CONTENT TO USING NU SKIN CONNECT OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS, ENTITIES, OR USERS; (I) YOUR STATUS AS AN INDEPENDENT CONTRACTOR AND BRAND AFFILIATE OF NU SKIN PRODUCTS; (J) A THIRD-PARTY PROVIDER’S STATUS AS A PROVIDER OF SERVICES TO YOU OR NU SKIN; (K) ANY ACT, OMISSION, OR OTHER CONDUCT ARISING OUT OF OR RELATED TO NU SKIN CONNECT OR THE SERVICES; OR (L) ANY OTHER MATTER RELATING TO NU SKIN CONNECT OR THE SERVICES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE THAT IN NO EVENT SHALL THE ENTIRE AGGREGATE LIABILITY OF THE NU SKIN RELATED PARTIES TO YOU OR YOUR SUCCESSORS OR ASSIGNS FOR ANY CLAIM WHATSOEVER ARISING OUT OF OR RELATED TO THIS TERMS OF USE AGREEMENT, THESE TERMS, OR YOUR USE OF NU SKIN CONNECT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR CAUSE OF ACTION ARISING IN CONTRACT, TORT, OR EQUITY, EXCEED THE TOTAL AMOUNT OF ANY FEES PAID BY YOU FOR USE OF NU SKIN CONNECT OR THE SERVICES, OR $50 USD, WHICHEVER IS GREATER. AS SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW.

IF YOU ARE A USER FROM THE STATE OF NEW JERSEY, UNITED STATES OF AMERICA, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.  IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

 

  1. ARBITRATION AGREEMENT

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHTS.

13.1 What is Mandatory Arbitration. In order to expedite the resolution of all Disputes (as such term is defined below), Nu Skin has instituted a mandatory arbitration procedure. Arbitration involves the referral of a Dispute to an impartial third party known as an arbitrator for hearing and decision. The arbitrator acts as a private judge, considers the parties’ evidence, and renders a binding decision in the form of an arbitration award. The arbitrator’s award is a final ruling, and judgment on the award may be entered by a court of law. The object of arbitration is the final resolution of Disputes in a quicker, more private, and less formal manner than ordinary court proceedings.

 

13.2 Arbitration is Mandatory and Binding as to All Disputes. YOU AND NU SKIN AGREE THAT MANDATORY AND BINDING ARBITRATION IS THE SOLE MEANS TO DECIDE ANY AND ALL DISPUTES, EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN. BY AGREEING TO ARBITRATION, YOU AND NU SKIN WAIVE ALL RIGHTS TO ANY JURY OR COURT TRIALS FOR THE RESOLUTION OF DISPUTES AND AGREE THAT THE ARBITRATION AWARD IS FINAL AND THAT A JUDGMENT MAY BE ENTERED BY A COURT ON THE AWARD.

 

13.3 Definition of a “Dispute.” A “DISPUTE” MEANS ANY AND ALL PAST, PRESENT, OR FUTURE CLAIMS, DISPUTES, CONTROVERSIES, CAUSES OF ACTION, OR COMPLAINTS, WHETHER BASED IN CONTRACT, TORT, STATUTE, LAW, PRODUCT LIABILITY, EQUITY, OR ANY OTHER CAUSE OF ACTION, (I) ARISING FROM OR RELATED TO THIS TERMS OF USE AGREEMENT, OR ANY ALLEGED BREACH THEREOF, THESE TERMS, YOUR USE OF OR INABILITY TO USE NU SKIN CONNECT OR THE SERVICES, OR THE USE OF OR THE INABILITY TO USE NU SKIN CONNECT OR THE SERVICES BY ANY OF YOUR CUSTOMERS, BRAND AFFILIATES IN YOUR DOWNLINE OR UPLINE, OR THE CUSTOMERS OF BRAND AFFILIATES IN YOUR DOWNLINE OR UPLINE, INCLUDING WITHOUT LIMITATION ANY AND ALL SUCH CLAIMS, DISPUTES, CONTROVERSIES, CAUSES OF ACTION, OR COMPLAINTS BETWEEN YOU AND ANY OF THE NU SKIN PARTIES (AS SUCH TERM IS DEFINED BELOW), BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF ALL OR ANY PORTION OF NU SKIN CONNECT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO PENNY (EACH, A “THIRD-PARTY PROVIDER”) (EACH SUCH THIRD-PARTY PROVIDER SHALL BE A THIRD-PARTY BENEFICIARY OF THIS SECTION 13, ARBITRATION AGREEMENT), BETWEEN YOU, ANY OF THE NU SKIN PARTIES, AND ANY OF NU SKIN’S THIRD-PARTY PROVIDERS, BETWEEN YOU AND ANOTHER NU SKIN BRAND AFFILIATE (WHO SHALL BE A THIRD-PARTY BENEFICIARY OF THIS SECTION 13, ARBITRATION AGREEMENT), BETWEEN YOU, ANY OF THE NU SKIN PARTIES, AND ANOTHER NU SKIN BRAND AFFILIATE, OR BETWEEN YOU, ANY OF THE NU SKIN PARTIES, ANOTHER NU SKIN BRAND AFFILIATE, AND ANY OF NU SKIN’S THIRD-PARTY PROVIDERS, OR (II) ARISING OUT OF OR RELATED TO THE INTERPRETATION OR ENFORCEMENT OF THIS TERMS OF USE AGREEMENT OR THESE TERMS. The “Nu Skin Parties” shall mean Nu Skin, Nu Skin Enterprises, Inc., Nu Skin Enterprises United States, Inc., and their respective parents, subsidiaries, and otherwise affiliated entities. Each of Nu Skin Enterprises, Inc., Nu Skin Enterprises United States, Inc., and their respective parents, subsidiaries, and otherwise affiliated entities, as well as the parents, subsidiaries, and otherwise affiliated entities of Nu Skin, shall be a third-party beneficiary of this Section 13, Arbitration Agreement. Nothing in this definition of “Dispute” is intended to, nor shall it be interpreted to, permit adjudication of any Dispute as a class action.

 

13.4 Mediation. Mediation is a voluntary process whereby a neutral third party known as a mediator attempts to resolve a Dispute between contending parties. The object of the mediator is to increase the parties’ mutual understanding of the Dispute, persuade them to adjust their positions towards each other, and hopefully resolve the Dispute through agreement by the parties. If all parties to the Dispute agree to mediation, then Nu Skin will facilitate a mediation to be held in Salt Lake City, State of Utah, at the offices of Nu Skin’s outside counsel. The mediation will be conducted in the English language. All fees and costs of the mediation will be borne equally by the parties to the mediation. If not all parties to the Dispute agree to the mediation, or any agreed-to mediation is not successful, then the Dispute will be submitted to arbitration as provided in this Section 13.

 

13.5 Arbitrating Parties. All parties that will participate in the arbitration, including you, the Nu Skin Parties, another Nu Skin Brand Affiliate, or Nu Skin’s Third-Party Providers, are referred to as “Arbitrating Parties” in this Section 13.

 

13.6 Arbitration Procedure.

      13.6.1 AAA Arbitration, Arbitration Seat, and Arbitration Location. All Disputes not resolved by mediation shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”), or its designated successor, in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered by any state or federal court located in Salt Lake County, State of Utah, having jurisdiction. Salt Lake County, State of Utah, shall be the place and seat of the arbitration, and the state and federal courts located in Salt Lake County, State of Utah, shall have exclusive venue of any matters relating to the arbitration, including without limitation deciding petitions and motions to compel arbitration and confirming, modifying, or vacating the arbitration award. You and Nu Skin consent to the personal jurisdiction of any state or federal court located in Salt Lake County, State of Utah, to adjudicate such matters relating to the arbitration and waive any objection to improper venue. The proceedings will be held before a single arbitrator, who will render a final and binding decision. The arbitration hearing will be held in the Salt Lake City, Utah, offices of Nu Skin’s outside counsel.

      13.6.2 Agreed Modifications to the AAA Commercial Arbitration Rules (“CAR”). Section 13.6.1 and the following subsections of this Section 13.6.2 shall govern the arbitration proceedings notwithstanding anything in the CAR to the contrary.

 

13.6.2.1 Procedural Rules. Unless the Arbitrating Parties otherwise agree after the Dispute arises, neither the “Expedited Procedures” of the CAR nor the “Procedures for Large, Complex Commercial Disputes” of the CAR shall apply to the arbitration.

 

13.6.2.2 When an Arbitration Claim May Be Made. A claim made in a demand for arbitration or a counterclaim or crossclaim asserted in arbitration (collectively, an “Arbitration Claim”) shall in no event be made after the date when the institution of legal or equitable proceedings based on the Arbitration Claim would be barred by the applicable statute of limitations, statute of repose, or contractual limitation on the assertion of claims. For purposes of applicable statutes of limitation, statutes of response, and contractual limitations on the assertion of claims, receipt by the AAA of an Arbitration Claim shall constitute the institution of legal or equitable proceedings based on the Arbitration Claim.

 

13.6.2.3 Selection of Single Arbitrator. The arbitration proceedings will be held before a single arbitrator. Before the procedures of the CAR for the selection of an arbitrator are commenced by the AAA, the Arbitrating Parties shall have not less than fifteen (15) calendar days after filing of the initial demand for arbitration, the initial counterclaim (if any), and initial crossclaim (if any) to mutually agree upon the appointment of the arbitrator.

 

13.6.2.4 Qualifications of Arbitrator. Unless the Arbitrating Parties mutually agree to the appointment of the arbitrator pursuant to Section 13.6.2.3, the arbitrator selected in accordance with the procedures of the CAR shall (a) be a professional arbitrator having not less than ten (10) years’ experience in conducting AAA arbitrations; (b) be law trained and have practiced law as a licensed lawyer and/or have served as a judge for not less than ten (10) years; (c) have at least five (5) years’ experience in software licensing agreements and terms of use; and (d) have some experience with multilevel marketing companies having a direct sales independent contractor distributor network.

 

13.6.2.5 Consolidation of Arbitrations. The Arbitrating Parties agree that a court with jurisdiction may on the petition of Nu Skin (but not any other Arbitrating Party) (a) consolidate separate arbitration proceedings to which any of the Nu Skin Parties is a party as to all or some claims if there are separate agreements to arbitrate or separate arbitration proceedings between the same parties, and (b) consolidate separate arbitration proceedings as to all or some claims if any of the Nu Skin Parties is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third party when (1) the claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions or the Nu Skin business, (2) the existence of a common issue of fact or law creates a possibility of conflicting decisions in the separate arbitration proceedings, and (3) the prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of, or hardship to, parties opposing consolidation. The Arbitrating Parties agree that there shall be no other consolidations of separate arbitration proceedings.

 

13.6.2.6 Discovery. The arbitrator will have the discretion to order a pre-arbitration exchange of information by the Arbitrating Parties, including but not limited to the production of documents supporting an Arbitrating Party’s claims or defenses, the production of requested documents, the identification of proposed witnesses and summaries of their expected testimony, the production of reports of expert witnesses expected to testify at the arbitration hearing, and the depositions of witnesses and Arbitrating Parties. Additionally, subject to the arbitrator’s discretion, the Arbitrating Parties may submit a pre-arbitration brief outlining the legal causes of action, factual background, and argument of positions.

 

13.6.2.7 Presentation of Evidence. The arbitrator shall allow the presentation of evidence at the arbitration hearing by Affidavit and/or Declaration of a witness, despite the absence of the opportunity by the opposing parties to cross-examine the witness, but the arbitrator may reduce the weight that the arbitrator gives to such evidence. The arbitrator shall allow the presentation of testimony of witnesses at the arbitration hearing by deposition or by video deposition that was taken under circumstances that allowed for cross-examination of the witness even if the witness is available to attend the arbitration hearing and subject to the subpoena power of the arbitrator. The arbitrator shall allow the presentation of testimony of witnesses at the arbitration hearing via live video platforms, and such witnesses shall be subject to cross-examination via the same live video platform.

 

13.6.2.8 Dispositive Motions. The arbitrator shall grant motions dispositive of some or all claims of an Arbitrating Party only when there is no dispute as to any facts material to the disposition and the disposition can be made as a matter of law.

 

            13.6.2.9 Date of Arbitration. Unless all Arbitrating Parties agree otherwise, or a court with jurisdiction orders otherwise on the petition of one of the Arbitrating Parties for good cause, the arbitration will take place within six (6) months after the Arbitration Claim is filed.

 

            13.6.2.10 Date of the Award. On the petition of an Arbitrating Party for good cause, a court with jurisdiction may extend the time for the arbitrator to issue an award following the close of the arbitration hearing, and such order may be issued before or after the expiration of the time for the issuance of the award.

 

            13.6.2.11 Reasoned Award. The arbitrator shall issue a reasoned award.

 

            13.6.2.12 Language. The arbitration will be conducted in the English language, but at the request and expense of the requesting Arbitrating Party, documents and testimonies will be translated into the requesting Arbitrating Party’s language.

 

            13.6.2.13 No Class Actions. No Dispute will be adjudicated, in arbitration or any other judicial proceeding, as a class action.

 

            13.6.2.14 Permitted Attendees. Each Arbitrating Party in the arbitration is limited to the attendance of the Arbitrating Party and, with respect to you and your Brand Affiliate account, those individuals appearing on your Brand Affiliate account with Nu Skin. In addition, each Arbitrating Party is limited to no more than three attorneys.

            13.6.2.15 Fees and Expenses of Arbitrator. All fees and expenses of the arbitrator will be borne equally by the Arbitrating Parties in the arbitration, subject to allocation in the final award.

 

13.6.3 Arbitration Awards.

(a) The arbitrator’s award will be final and binding. It will be a full resolution of all existing claims and disputes between the Arbitrating Parties in the arbitration. Judgment upon any arbitration award may be entered by any state or federal court with jurisdiction located within Salt Lake County, the State of Utah. The binding and preclusive effect of any arbitration award will be limited to the actual Dispute and Arbitration Claim arbitrated, and to the Arbitrating Parties, and will have no collateral effect on any other disputes or claims of any kind.

(b) The arbitrator’s decision will be in writing and based on the application of the strict rules of law to the evidence submitted in the arbitration. In addition to an award for monetary damages incurred, the arbitrator may also award a prevailing Arbitrating Party the costs and expenses of the proceeding, including but not limited to arbitration fees and reasonable attorney’s fees. However, punitive damage awards are not allowed. NEITHER AN ARBITRATING PARTY, NOR NU SKIN, NOR A NU SKIN THIRD-PARTY PROVIDER, NOR ANY OF NU SKIN’S OR NU SKIN’S THIRD-PARTY PROVIDERS’ PARENT, SUBSIDIARY, RELATED OR AFFILIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, INVESTORS, OR VENDORS, WILL HAVE ANY LIABILITY FOR ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, INCLUDING LOSS OF FUTURE REVENUE OR INCOME, OR LOSS OF BUSINESS REPUTATION OR OPPORTUNITY ARISING OUT OF OR RELATING TO ANY BREACH OR ALLEGED BREACH OF THIS TERMS OF USE AGREEMENT OR THESE TERMS, OR FOR ANY ACT, OMMISSION, OR OTHER CONDUCT ARISING OUT OF OR RELATED TO  NU SKIN CONNECT OR THE SERVICES, AN ARBITRATING PARTY’S STATUS AS AN INDEPENDENT CONTRACTOR AND BRAND AFFILIATE OF NU SKIN’S PRODUCTS, OR A THIRD-PARTY PROVIDER’S STATUS AS A THIRD-PARTY PROVIDER OF SERVICES TO YOU OR TO NU SKIN.

(c) This Terms of Use Agreement contains a limitation of liability in Section 12. The arbitrator shall have no authority to award damages against the Nu Skin Related Parties (defined in Section 12) such that the entire aggregate liability of the Nu Skin Related Parties exceeds the agreed limitation on liability of the Nu Skin Related Parties set forth in Section 12 of this Terms of Use Agreement.

 

   13.6.4 Confidentiality. All arbitration proceedings will be private and closed to the public, and the documents, pleadings, and testimony produced in the proceedings shall be kept confidential. Except as may be required by law, and the use of the arbitration award to procure or to oppose the entry of a judgment on the arbitration award by a court of law or to appeal or enforce a judgment entered on the arbitration award, neither an Arbitrating Party nor the arbitrator may disclose the existence, content, or results of any arbitration proceeding without the prior written consent of all the Arbitrating Parties.

 

   13.6.5 Enforcement of Judgment Entered on Arbitration Award; Injunctive Relief. Notwithstanding this arbitration agreement, any Arbitrating Party may apply to a court of competent jurisdiction in the State of Utah, or in any other jurisdiction as necessary to enforce a judgment entered on an arbitration award or injunctive relief granted by an arbitrator or a court of competent jurisdiction regarding an arbitration under this arbitration agreement. Notwithstanding this arbitration agreement, any Arbitrating Party may apply to a federal or state court with competent jurisdiction located in Salt Lake County, State of Utah, (i) to seek a temporary restraining order, preliminary injunction, other injunctive relief, or an order compelling arbitration; or, (ii) in an action brought by Nu Skin or its Third-Party Providers, to enforce their respective trademarks, patents, copyrights, or other intellectual property. The institution of any action in a court for equitable relief, to enforce an arbitration award or order or to enforce a judgment entered on an arbitration award or order, will not constitute a waiver of the obligation of any Arbitrating Party to submit any Dispute to arbitration.

 

   13.6.6 Survival. This agreement to arbitrate will survive any termination or expiration of this Terms of Use Agreement, these Terms, your Nu Skin Connect account, or your Brand Affiliate account.

 

14. GOVERNING LAW; VENUE. The place of origin of this Terms of Use Agreement is the State of Utah, United States of America. This Terms of Use Agreement will be governed by, construed in accordance with, and interpreted pursuant to the substantive laws of the State of Utah, without giving effect to its rules regarding choice of laws, provided, however, the agreement to arbitrate in Section 13 of this Terms of Use Agreement shall be governed by the Federal Arbitration Act. The exclusive venue for the arbitration hearing and court proceedings related to the arbitration of any and all Disputes will be in Salt Lake County, State of Utah, in accordance with Section 13. If any Dispute or any other claim, dispute, or controversy arising out of or related to this Terms of Use Agreement, these Terms, Nu Skin Connect, or the Services is not submitted to arbitration in accordance with Section 13, the exclusive venue for the adjudication of such claims, disputes, and controversies shall be the state and federal courts located in Salt Lake County, State of Utah. You consent to the personal jurisdiction of the state and federal courts located in Salt Lake County, State of Utah, and waive any objection to improper venue. YOU FURTHER WAIVE YOUR RIGHT TO A JURY TRIAL. To the extent either declaratory or injunctive relief is sought, such relief can be awarded only to the extent necessary to provide the relief warranted by a party’s individual claim.

 

15. ATTORNEYS’ FEES

If any party commences any action or proceeding, whether an arbitration action or proceeding or a judicial action or proceeding, to interpret or enforce any of the terms or conditions of this Terms of Use Agreement, the prevailing party in such action or proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the defense or prosecution of claims in such action or proceeding.

 

    16. SYSTEM OUTAGES

Nu Skin and its third-party providers periodically schedule system downtime for Nu Skin Connect and the Services for maintenance and other purposes. Unplanned system outages may also occur. Neither Nu Skin nor its third-party providers shall have any liability whatsoever for the resulting unavailability of Nu Skin Connect or the Services, for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages, or for any third-party acts or any other outages of web host providers or the Internet infrastructure and network external to Nu Skin Connect or the Services.

 

    17. ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER; ASSIGNMENT

This Terms of Use Agreement, these Terms, Nu Skin’s Privacy Policy, the DPA, the Nu Skin Policies and Guidelines, and any other documents expressly incorporated herein by reference constitute the entire agreement between Nu Skin and you governing your use of Nu Skin Connect and the Services and all related activities. These Terms supplement and do not supersede any other policies that apply to you, including but not limited to your Nu Skin Brand Affiliate Agreement and the Nu Skin Policies and Procedures. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Nu Skin’s delay or failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign any part of this Terms of Use Agreement or these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise, without Nu Skin’s prior written consent. Nu Skin may assign this Terms of Use Agreement or these Terms for any reason without notice to you.

 

    18. THIRD-PARTY BENEFICIARY RIGHTS

Except as expressly stated herein, no person not a party to this Terms of Use Agreement or these Terms is intended to be a beneficiary of this Terms of Use Agreement or these Terms, and no person not a party to this Terms of Use Agreement or these Terms shall have any right to enforce any provision of this Terms of Use Agreement or these Terms.

 

    19. SERVICE PROVIDER PAYMENT

You agree to pay all fees charged to you by your wireless service provider, if any, for the Services and any associated data usage charges, if any, regardless of whether you have electronically downloaded, installed, or used Nu Skin Connect. We will not be liable for any liabilities, losses, or damages resulting from any failure in the functionality of the Services caused by or resulting from your failure to pay any amounts when due.

 

    20. EXPORT RESTRICTIONS

    You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. You agree to comply with the requirements of the U.S. Department of Commerce Export Administration Regulations, the U.S. International Traffic in Arms Regulations, applicable U.S. sanctions and embargoes administered by the U.S. Department of Treasury, and all applicable international, national, state, regional, and local laws and regulations, including but not limited to any applicable import and use restrictions, to the extent that any apply to you.

     

    21. NOTICES

By using Nu Skin Connect and the Services, you consent to receive all communications, notices, and disclosures in connection with Nu Skin Connect and the Services in electronic form, including short message service (“SMS”).

 

    22. 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 respects the intellectual property rights of others and requires those who use Nu Skin Connect and the Services to do the same. Nu Skin may, in appropriate circumstances and in its discretion, remove or disable access to material that infringes upon the intellectual property rights of others. Nu Skin may also, in 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 through Nu Skin Connect or the Services in any manner that constitutes copyright infringement, please notify Nu Skin’s copyright agent by written notice. The notice should include the following information:

    Nu Skin’s copyright agent for notice of claims of copyright infringement for Nu Skin Connect and the Services is Blaine Knight, who can be reached as follows:

    By mail:

    Nu Skin International, Inc.

    75 West Center Street

    Provo, Utah 84601

    United States

     

    By email:

    bknight@nuskin.com

     

    By telephone:

    (801) 345-3800

     

    By facsimile:

    (801) 345-3899

     

     

    23. CALIFORNIA CONSUMER NOTICE

    Under California Civil Code Section 1789.3, users of Nu Skin Connect and the Services from the State of California, United States of America, are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact Nu Skin directly at:

    Attention:  Customer Support

    Nu Skin International, Inc.

    75 West Center Street

    Provo, Utah 84601

    United States

    businesssupport@nuskin.com

     

    24. CONTACT US

    If you have any questions about these Terms or if you wish to receive any additional information, provide feedback, or raise any concerns in relation to Nu Skin Connect or the Services, please contact Nu Skin at: privacy@nuskin.com.

    Last Modified: March 20, 2022

    Copyright © 2022 Nu Skin. All Rights Reserved.

     

  1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  2. 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;
  3. Identification of the location in the Services of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
  4. Your name, address, telephone number, and email address;
  5. 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
  6. 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.