MELALEUCA, INC. AND MELAELUCA
OF CANADA, INC. WEB SITE
TERMS OF USE AND LEGAL RESTRICTIONS
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE
USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT
YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS
("TERMS"), DO NOT USE THIS WEB SITE.
Use of Site. Unless otherwise specified, Melaleuca,
Inc. and Melaleuca of Canada, Inc. ("Melaleuca") Web
Sites are for your personal use. You may not modify,
copy, distribute, transmit, display, reproduce, publish,
license, create derivative works from, transfer, or
sell any information obtained from Melaleuca’s Web Sites.
Melaleuca authorizes you to view and download the materials
at this Web Site only for your personal, non-commercial
use, provided that you retain all copyright and other
proprietary notices contained in the original materials
on any copies of the materials. You may not modify the
materials at this Site in any way or reproduce or publicly
display, perform, or distribute or otherwise use them
for any public or commercial purpose. For purposes of
these Terms, any use of these materials on any other
Web site or networked computer environment for any purpose
is prohibited. The materials at this Site are copyrighted
and any unauthorized use of any materials at this Site
may violate copyright, trademark, and other laws. If
you breach any of these Terms, your authorization to
use this Site automatically terminates and you must
immediately destroy any downloaded or printed materials.
User Submissions. Other than personally identifiable
information, which is covered under the Melaleuca
Online Privacy Statement, any material,
information or other communication you transmit or post
to this Site will be considered non-confidential and
non-proprietary ("Communications"). Melaleuca will have
no obligations with respect to the Communications. Melaleuca
and its designees will be free to copy, disclose, distribute,
incorporate and otherwise use the Communications and
all data, images, sounds, text, and other things embodied
therein for any and all commercial or non-commercial
purposes. You are prohibited from posting or transmitting
to or from this Site any unlawful, threatening, libelous,
defamatory, obscene, pornographic, or other material
that would violate any law.
Links To Other Web Sites. Melaleuca does not
offer or provide links to third party Web Sites on this
Site and does not allow third party Web Sites to provide
links to this Web Site.
No Unlawful or Prohibited Use. As a condition
of your use of the this Web Site, you warrant to Melaleuca
that you will not use the Web Site for any purpose that
is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Web Site in any manner
which could damage, disable, overburden, or impair the
Web Site or interfere with any other party’s use and
enjoyment of the Web Site. You may not obtain or attempt
to obtain any materials or information through any means
not intentionally made available or provided for through
the Web Site.
Disclaimer. THE MATERIALS PROVIDED AT THIS SITE
ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. Melaleuca further does not warrant the accuracy
and completeness of the materials at this Site. Melaleuca
may make changes to the materials at this Site, or to
the products and prices described in them, at any time
without notice. The materials at this Site may be out
of date, and Melaleuca makes no commitment to update
the materials at this Site. Information published at
this Site may refer to products, programs or services
that are intended for use only in the United States
or Canada and may not be used or relied upon in any
other country. Applicable law may not allow the exclusion
of implied warranties, so the above exclusion may not
apply to you.
Limitation of Liability. IN NO EVENT WILL MELALEUCA,
ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS
SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS,
LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE
USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS
SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS
OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION
FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR
OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS
THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
Termination/Access Restriction. Melaleuca reserves
the right, in its sole discretion, to terminate your
access to any or all Melaleuca Web Sites and the related
services or any portion thereof at any time, without
notice.
Modification of These Terms of Use. Melaleuca
may revise these Terms at any time by updating this
posting. You should visit this page from time to time
to review the then-current Terms because they are binding
on you. Certain provisions of these Terms may be superseded
by expressly designated legal notices or terms located
on particular pages at this Site.
General. This agreement is governed by the laws
of the State of Idaho, U.S.A. You hereby consent to
the exclusive jurisdiction and venue of courts in Bonneville
County, Idaho, U.S.A. or the U.S. District Court for
the District of Idaho, in all disputes arising out of
or relating to the use of the Melaleuca Web Sites. Use
of the Melaleuca Web Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these
terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you
and Melaleuca as a result of this agreement or use of
the Melaleuca Web Site. Melaleuca’s performance of this
agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation
of Melaleuca’s right to comply with governmental, court
and law enforcement requests or requirements relating
to your use of the Web Site or information provided
to or gathered by Melaleuca with respect to such use.
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
provisions 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. Unless otherwise specified
herein, this agreement constitutes the entire agreement
between the user and Melaleuca with respect to the Melaleuca
Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral
or written, between the user and Melaleuca with respect
to the Web Site. A printed version of this agreement
and 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 he same condition as other business documents
and records originally generated and maintained in printed
form.
Copyright and Trademark Notices: All contents
of the Melaleuca Web Sites are: Copyright © 1990-2000
Melaleuca, Inc. 3910 S. Yellowstone Hwy., Idaho Falls,
Idaho 83404 U.S.A. All rights reserved.
TRADEMARKS. Melaleuca, Vitality for Life, EcoSense,
Melaleuca Pharmacy, Melaleuca Essentials and other Melaleuca
products referenced herein are either trademarks or
registered trademarks of Melaleuca, Inc. Nicole Miller
is a registered trademark of Kobra International, Ltd.,
used under license. The names of actual companies and
products mentioned herein may be the trademarks of their
respective owners.
All rights not expressly granted herein are reserved.
Revised March 2000 |