1. AGREEMENT BETWEEN YOU AND MARKET AMERICA
This Terms of Service ("TOS") applies to all Market America owned and operated Web Sites, including without limitation, the Market America UnFranchise® Ecommerce Web Site, advertisement sites including but not limited to all Market America Banner Advertisements ("Banner Ads"), the Market America Home Page, the Market America distributor web portals and the Market America Mini Web-sites (individually the "Web Site" and collectively as the "Web Sites"). This TOS does not apply to the content of third party websites. In the event that any of the terms, conditions, or notices contained herein conflict with the additional terms or other terms and guidelines contained within any particular Market America site, then these terms shall control.
2. INTENDED AUDIENCE
This site is a business and commercial site, and therefore is not intended for persons under the age of 18. The material on this Web Site is published by Market America, Inc. as a service to its Independent Distributors and their customers who reside in the United States, Canada, and all United States Territories. This site is not intended for access or use outside of these areas. Market America and its affiliates make no claims that the information located on this site is appropriate for all jurisdictions. If you access the materials on this website from outside of these countries indicated, you do so at your own risk. You are responsible for compliance with the laws in your respective jurisdiction.
3. PURCHASE TERMS
You are responsible for providing a valid credit card number or account information with available credit at time of purchase. You represent and warrant that you are an authorized user of the credit card or account information. You are responsible for payment of any applicable federal, state/province, local and city taxes. You are responsible for payment of shipping and handling charges. Taxes and shipping and handling charges will be included on your order invoice.
4. RETURN POLICY
Market America stands behind the quality of its products and guarantees your satisfaction. A customer or client making a purchase from an Independent Distributor has until 30 days after the sale to cancel an order and receive a full product refund from the selling Distributor. Products and Services purchased from any Affiliate partner store are covered by policies and terms contained on the individual Affiliate partner store's website. The above listed guarantees/warranties do not apply to purchases from Affiliate partner stores.
You agree to provide true, accurate, and complete information to Market America or the Independent Distributor when making a purchase. You agree not to resell any merchandise or services you purchase, unless you are a current Independent Distributor. Preferred Customers agree to not resell any merchandise or services purchased. You agree to maintain the confidentiality of any identification number, key or password ("Identifiers") that you are provided with. You agree to immediately notify Market America of any unauthorized use of the above or other breach of security. You are fully responsible for all activities under your Identifiers. Market America is not responsible for any misuse of your account by someone who uses your Identifiers. Market America is not responsible for any misuse of your account by someone who uses your Identifiers.
All Web Site design, text and graphics are owned solely and exclusively by Market America. The contents of the Web Sites are Copyright © 2003 Market America, Inc. ALL RIGHTS RESERVED. No Web Site material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any medium including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Market America.
Market America, the Market America logo, product names and logos, UnFranchise®, all page headers, custom graphics and button icons are service marks, trade names, trademarks and/or trade dress of Market America, Inc. There are other trademarks, product names, company names, logos, service marks, and/or trade dress indicated on the Web site that are the property of their respective owners.
8. LINKS TO THIRD PARTY SITES
Market America provides via the Web Sites, links to other World Wide Web sites or resources and/or advertisements or other such promotional materials for third-parties. Because Market America has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, you acknowledge and agree that Market America is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; (3) the goods or services offered via these third-party sites. Accordingly, you acknowledge and agree that Market America shall not be responsible or liable to you in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to web site and/or the quality of any goods or services offered by or through any linked to third-party site.
9. MODIFICATION OF THESE TERMS OF SERVICE
Market America reserves the right to change the terms, conditions, and notices under which the Market America Web Sites are offered. You are responsible for regularly reviewing these Terms of Service and additional terms posted on particular Web Sites. Your continued use of the Market America Web Sites constitutes your agreement to all such terms, conditions, and notices.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MARKET AMERICA WEB SITES IS AT YOUR SOLE RISK. THE WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARKET AMERICA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MARKET AMERICA MAKES NO WARRANTY THAT (i) THE WEB SITE(S) WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE(S) WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE(S) IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARKET AMERICA OR THROUGH OR FROM THE EMAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARKET AMERICA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE WEB SITE(S); (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE(S), (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) MISDIRECTED ORDERS OR LOST PROFITS, LOST REGISTRATIONS, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS OR OTHER DATA; OR (vi) ANY OTHER MATTER RELATING TO THE WEB SITES EVEN IF MARKET AMERICA, ITS EMPLOYEES OR INDEPENDENT DISTRIBUTORS THEREOF, ARE ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES.
a. Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of North Carolina, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Guilford County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the Market America Web Sties.
b. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Market America as a result of this agreement or use of the Market America Web Sites.
c. You agree to indemnify and hold Market America, its parents, subsidiaries, affiliates, officers and employees, and Independent Distributors harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Market America Web Sites.
d. Market America reserves the right to disclose any personal information about you or your use of the Market America Web Sites, including its contents, without your prior permission, if Market America has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Market America or its affiliated companies; (3) enforce the TOS; or (4) act to protect the interests of its Distributors, Employees, Principals or others.
e. Market America's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Market America's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MARKET AMERICA Web Sites or information provided to or gathered by Market America with respect to such use.
f. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
g. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Market America with respect to the Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Market America with respect to the Web Sites.
h. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Market America's Designated Agent. Market America's Agent for Notice of copyright or other intellectual property infringement can be reached as follows:By Mail: Andy Wattleworth c/o Market America, Inc., 1302 Pleasant Ridge Road, Greensboro, North Carolina 27409.By email: firstname.lastname@example.org.
a. If you are a Market America Preferred Customer, you are automatically enrolled in the Cashback program, which allows you to get 2% cash back for your qualifying purchases, and, when you refer your friends, to also receive .5% cash back on the qualifying purchases your friends make. The cash you earn can be used as a payment option to pay for products available through the checkout on Market America’s websites. Additionally, you may request redemptions from your account, subject to then-current minimum redemption requirements (currently USD$10).
b. Preferred Customers will be credited, subject to these Terms and additional terms disclosed on the Participating Store’s site, a percentage of the Net Purchases of Market America-branded products or qualifying products sold by third-parties that display the Cashback logo (“Participating Stores”). “Net purchase” is defined as the total amount paid for the product, minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees. Market America reserves the right, in its sole discretion, to determine which products will display the Cashback logo.
c. Participating Stores are responsible for reporting qualifying purchases (and related returns, refunds and/or coupon use) to us. Participating Stores may not report your purchase to Market America if they determine that your purchase did not qualify for cash back because you did not comply with these Terms or additional terms disclosed on the Participating Store’s site, or if the Participating Store determines that you were not referred to the Participating Store by Market America. We may also disqualify reported purchases based on our own determination that you have not complied with these Terms or the terms disclosed on the Participating Store’s site.
d. Cash back rewards for qualifying Market America-branded products will post to your account immediately. Qualifying purchases from Participating Stores will stay in pending status until cleared by the Participating Store, to account for returns, refunds, fraud, and other processing issues. After this point, if the purchase is eligible, it will be marked as “available” in your account and the associated cash back rewards will be eligible for redemption. It is your responsibility to ensure that we properly post cash back rewards to your account.
e. Market America is not responsible for changes to, or discontinuance or withdrawal of, any Participating Store’s participation in the Cashback program, or for any effect on accrual of cash back rewards caused by such changes, discontinuance, or withdrawal. If a Participating Store fails to report a transaction to Market America, or withholds payment to Market America for any reason, Market America reserves the right to cancel the cash back award associated with that transaction. Cash back rewards awarded to Preferred Customers are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to your account at any time by Market America in its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Cashback program.
f. You will not earn cash back on purchases where (a) your browser is not configured to accept cookies; (b) you are not logged in as a Preferred Customer; (c) the order is later cancelled or the goods or services are later returned; (d) the Participating Store does not report the purchase to us; or (e) you conduct "sham" transactions or otherwise collude with merchants), make any misrepresentation in connection with your participation in Cashback, maintain multiple accounts, or do not otherwise comply with these Terms.
g. Cash back rewards have no monetary value until the associated purchases are approved and you make a proper redemption request. You may be taxed on your accrual of cash back rewards, depending on the amount of cash back rewards you accrue and the tax laws of federal, state, and local jurisdictions. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of cash back rewards.
h. We may close your account if it has been inactive for 12 months (i.e., no qualifying purchases during the prior 12-month period). Accrued but unredeemed cash back rewards in accounts that are closed will be returned to Market America.
i. Market America reserves the right to terminate the Cashback program at any time with notice. Notification of termination will be sent to the email address you provide to Market America during the Preferred Customer registration process.