The URL (the “Site”) you are attempting to access is owned by Amway International Inc. (“Amway”, “we”, or “us”). All content, information, and applications (collectively, “Content”) provided on and through the Site may be used only under the following terms and conditions (the “Terms”). You should carefully read these Terms. Your access to and use of the Site and its Content are governed by these Terms, which are a legally binding contract between you and Amway. IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS YOU MAY NOT ACCESS THE SITE OR THE CONTENT AND/OR YOU MUST DISCONTINUE YOUR USE OF THE SITE OR THE CONTENT.
Through this Site, Amway may also make available to you: (a) Content, and certain images, text, information, illustrations, photographs, videos, documents and other materials (collectively, “Materials”); and (b) various services, functionality, tools and software (collectively, “Software”). Subject to these Terms, Amway and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display the Materials; and (b) use the Software solely for your own informational use. In these Terms, all references to the “Site” shall be deemed to include all Materials and Software, unless otherwise expressly indicated. All rights not expressly granted by Amway to you are retained by Amway, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Intellectual Property Rights
Copyright. The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided in these Terms, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without Amway’s prior written permission.
Trademarks. Amway, the Amway logo, all company names, and all other trademarks and logos, unless otherwise noted, are trademarks and/or trade dress of Alticor Inc. worldwide, or its affiliates or other companies under common ownership or control or their licensors (the “Marks”). The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
Amway may terminate your access to the Site at any time and for any reason without prior notification. Additionally, Amway may modify the Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue the Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to the Site under these Terms or under any other applicable policy without prior notice. We reserve the right to bar any further access to the Content, the Materials, and/or this Site. You agree that we will not be liable to you or any third-party for any termination of your access to this Site. Provisions that survive termination of these Terms are those relating to ownership, limitations of liability, indemnification, the ABO Registration Agreement, the Rules of Conduct, the Quality Assurance Standards and others which by their nature are intended to survive.
Your use of our Site is also subject to the terms of our Privacy Statement. You acknowledge that you have read and understand our Privacy Statement, and consent to the use of any personal information you provide in accordance with the terms of, and for the purpose set forth in, our Privacy Statement.
SITE AND CONTENT WARRANTY DISCLAIMER
THE SITE, INCLUDING ALL MATERIALS AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF YOUR USER GENERATED CONTENT, THIS SITE OR THE MATERIALS OR SOFTWARE PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE.
BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE US, AND OUR THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE OR ACCESS TO YOUR USER GENERATED CONTENT (OR THE MATERIALS OR SOFTWARE PROVIDED ON OR ACCESSIBLE FROM THE SITE), OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR TO YOUR USE OF THIS SITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED $100. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
You agree to indemnify and hold Amway, and its parents, subsidiaries, affiliates, officers, agents, partners, licensors, employees, and Amway Business Owners (ABOs) harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.
User Generated Content
By uploading User Generated Content to the Site, you hereby agree to assign such User Generated Content to Amway and agree to execute any assignment or other documents deemed necessary by Amway to perfect such assignment. You warrant and represent that you own all rights in such User Generated Content and that you have the right and authority to transfer the User Generated Content to Amway.
You agree that you will not assert any interest in your User Generated Content against Amway and that Amway has no obligation to return your User Generated Content. You should also be aware that submissions of User Generated Content may not be secure, and you should consider this before submitting any information to the Site.
You further agree that Amway is free to use any ideas, information, concepts, or techniques contained in any User Generated Content you send to the Site or Amway, for any purposes whatsoever, including, without limitation, developing, producing, and marketing in connection with products and/or services using such User Generated Content, and without compensation of any kind to you. You further perpetually and irrevocably grant Amway the unconditional right to use your name, persona and likeness included in any User Generated Content, without any obligations to you other than as provided for within these Terms. You also grant to Amway the right to sub-license and authorize others to exercise any of the rights granted to Amway, who will also be entitled to benefit from the rights and licenses granted to Amway under these Terms. Depending on your country, you may have certain rights to object to the usage of your information or to require the erasure of certain data; please contact email@example.com if you are concerned about the usage or retention of data about you.
You authorize Amway to publish your User Generated Content in a searchable format that may be accessed by users of the Site and the internet. Except as prohibited by applicable law, you waive any rights of attribution and/or any so-called “moral rights” you may have in any User Generated Content you submit, even if such User Generated Content is altered or changed in a manner not agreeable to you, to the greatest extent allowed by applicable law.
Amway has no obligation to monitor or enforce any intellectual property rights to User Generated Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Generated Content.
You acknowledge and agree that Amway may, but is not obligated to, review, monitor, display, archive, maintain, accept, profit from, delete, move, re-format, edit, alter, distort, remove, block or use User Generated Content at any time and without notice to you as it deems fit. You also agree and understand that Amway is not obligated to use User Generated Content and that you will not receive any additional consideration or compensation for your User Generated Content for any further or derivative use of it. Your access to the Site shall be the sole consideration for your User Generated Content.
Third Party Content
You should not upload Third Party Content onto the Site without written permission from the Third Party Content Owner. You also should not use or incorporate Third Party Content into User Generated Content without written permission from the Third Party.
You agree to use the services only as lawful in the United States, and the relevant jurisdictions and subdivisions within the United States.
If you are a resident of a nation outside of the United States, your use of this Site is conditioned upon (i) your representation to Amway that your use of the Site is legal under the legal system applicable to you, (ii) your agreement to use the Site only in a manner that complies with any law applicable to you, and (iii) your specific indemnification of Amway against claims arising under the legal system applicable to you.
Third Party Information
Please be aware that when you are on the Site, you could be directed to other sites that are beyond Amway’s control. Amway is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. Amway reserves the right to terminate any link or linking program at any time. Amway provides such links only as a convenience to you. Amway has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.
Amway may provide you information from third parties as part of this Site. Unless expressly stated, Amway does not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by third-parties. You agree that Amway is not responsible for third party information accessible through this Site.
Third Party Service Providers
Amway may use third party service providers to help develop and maintain the Site or to provide specific services offered through this Site. You agree that these Terms, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by Amway. All references to Amway are deemed to include its affiliates, agents and service providers. All agents and service providers of Amway will be authorized to use your personal information only for the purpose for which they are hired.
Compliance with Laws and Amway’s Policies and Procedures. You will comply with the requirements of all applicable laws, ordinances, regulations, codes and executive orders, and all applicable Amway policies, standards and guidelines as published and/or modified from time to time, including but not limited to the IBO Rules of Conduct.
Other Agreements. This Agreement is in addition to and does not nullify any other agreement(s) between you and Amway including but not limited to the terms and conditions contained in your Amway authorization and contract and the IBO Rules of Conduct and any agreement regarding your use of Amway’s other websites. Termination of this Agreement will not affect, or result in the termination of, any such other agreements.
Errors and Corrections. While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time.
Governing Law and Jurisdiction. These Terms are governed by and construed in accordance with the laws of the United States, without giving effect to conflict of law principles. Any controversy or dispute arising out of your use of our Site shall be submitted, and you irrevocably consent, to the personal jurisdiction of any state or federal court located in, or whose district includes, Kent County, Michigan, USA.
Entire Agreement/Severability. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions. Amway’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.