My Nu Skin Terms of Use – For Prospects

THESE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE WEBSITE. BY USING THE WEBSITE YOU ACCEPT THESE TERMS AND CONDITIONS.

Acceptance of Terms

These Terms of Use are an Agreement (the “Agreement”) between Nu Skin International Inc. and its affiliated companies (“Nu Skin”, “we” or “us”), you (“you” or “User”) and the Nu Skin Independent Distributor (the “Nu Skin Distributor”) whose website you are visiting.

By using the Website, you indicate your acceptance of this Agreement. If you do not agree to the terms of the Agreement, do not use the Website.

This Agreement sets forth the legal terms and conditions governing your use of the mynuskin.com website (located at [my].nsproducts.com and/or [my].nsopportunity.com) which may include mobile applications, tools and other online services (the “Website”).

Nu Skin may update this Agreement from time to time without prior notice to you. We encourage you to review this Agreement periodically for any updates or changes.

By accessing, browsing, framing, using and/or linking to the Website, you become a User (defined herein in Section 2) and agree to be bound by the terms of this Agreement.

This Agreement was last revised on June 23, 2015.

When using a particular feature of the Website, you may also be subject to any posted guidelines, rules, terms of service, acceptable use policies, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern.

If you have any questions about this User Agreement please contact the legal department of Nu Skin by e-mail at lservais@nuskin.com before using the Website. If you do not agree to the terms and conditions, do not access or use the Website.

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES (SECTION 7) AND DISCLAIMERS OF LIABILITY (SECTION 11).


Types of Users

Any person accessing, browsing, or otherwise using the Website, either manually or via an automated device or program, shall be deemed a “User” under this Agreement.

By accessing the Website and becoming a User you certify that you are 18 years of age or older.


Privacy

You agree that you have read and understand the terms of Website Privacy & Cookies Policy, which can be accessed at [____________] and is incorporated by reference into this Agreement as if fully set forth herein.


Use of the Website

You understand that Nu Skin cannot and does not guarantee or warrant that files available for downloading from the Website will be free of infection or viruses, worms, Trojan horses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.

The Website, while offered by Nu Skin, is operated a Nu Skin Distributor. Nu Skin Distributors are independent third party contractors of Nu Skin and Nu Skin is not responsible or liable for the statements, acts or omissions of such Distributors, whether in connection with the Website or in any other context. You acknowledge and agree that Nu Skin has no control over, and is not responsible or liable for any information, in any medium, provided to you by a Distributor. Nu Skin does not confirm the accuracy or reliability of any materials created or distributed by Distributor in any medium, including, but not limited to, the Internet.


System Integrity

You may not use any device, software or routine to interfere with the proper working of the Website.  You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Website.


RISK; INTERNET USE

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS.


NO WARRANTIES

NU SKIN DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEBSITE, THE WEBSITE’S CONTENT, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE WEBSITE OR ON THE INTERNET GENERALLY, UNLESS SPECIFICALLY STATED ON THE WEBSITE FOR A PARTICULAR PRODUCT OR SERVICE AND NU SKIN SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. SOME COUNTRIES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

NU SKIN DOES NOT WARRANT THAT THE WEBSITE WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.


System Outages

Nu Skin periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Nu Skin shall have no liability whatsoever for the resulting unavailability of the Website or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Website.


Indemnification

You agree to indemnify, defend and hold Nu Skin and its parent company, affiliates, subsidiaries, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the Website, (ii) your use or purchase of services or goods provided through the Website, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Nu Skin’s defense of any claim.

Nu Skin reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Nu Skin.


Intellectual Property

The contents of the Website, such as the “look and feel,” text, graphics, images, logos, audio clips, video, photographs, software, notices, editorial content, and other information, including HTML or XML-based computer programs (the “Content”) are the property of Nu Skin and/or its affiliates or partners, and are protected by federal and international copyright and trademark laws, or other proprietary rights.  These rights are protected in all forms, media and technologies existing now or hereinafter developed.  You may print and download portions of material from the different areas of the Website solely for your personal non-commercial use or as otherwise permitted.  No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Nu Skin.  You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Website.  Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties.  You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Website or the Content.  Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Nu Skin.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Nu Skin or any third party.  Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Nu Skin copyright.


Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL NU SKIN OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE WEBSITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE OR SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.

IN NO EVENT SHALL NU SKIN’S TOTAL CUMMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY TO NU SKIN FOR THE USE OF THE WEBSITE BY YOU, OR $50.

BECAUSE SOME COUNTRIES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW.  THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF NU SKIN, OUR PARENT COMPANY, AFFILIATES, SUBSIDIARIES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.


Promotions

The Website may contain contests or promotions that require you to send material or information about yourself in order to participate. Please note that any such contest or promotion offered through the Website may be governed by a separate set of terms and conditions that may include, among other things, eligibility requirements such as age limits and geographical restrictions.

If you decide to participate in such contests or promotions it will be your responsibility to familiarize yourself with any relevant terms and conditions, and by your participation you agree to comply with any such terms and conditions which shall be binding and final in all respects.


No Endorsement of Content and Links to Other Web Sites

Any links to other sites are provided as merely a convenience to the Users of this Site. This Website may provide links or references to other sites but Nu Skin has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. Nu Skin does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Website, you do so entirely at your own risk.


Linking and Framing the Website

Unless a User has a written agreement in effect with Nu Skin that states otherwise, a User may only provide a hyperlink to the Website on another web site if the User complies with all of the following: (a) the link must be a text-only link clearly marked "Nu Skin” or the link must "point" to the URL of the Website and not to other pages within the Website; (b) the link, when activated by a User, must display the Website full-screen and not within a "frame" on the linking web site; and (c) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with the Nu Skin name and trademarks or create the false appearance Nu Skin is associated with, or a sponsor of, the linking web site. By providing this consent, Nu Skin is not foregoing its ownership or rights in any trademarks, copyrights, patents or any other forms of intellectual property associated with the Website. Nu Skin reserves the right to revoke its consent to any link at any time in its sole discretion.


Governing Law

This Agreement and access to the Website shall be governed by and construed in accordance with the law of the state of Utah (U.S.A.), exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.


Choice of Forum

You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the state of Utah and of the United States of America located in Utah for any litigation arising out of or relating to use of the Website or purchases of services made through the Website (and agree not to commence any litigation relating thereto except in such courts). You hereby irrevocably and unconditionally waive any objection to the laying of venue of any such litigation in the courts of the state of Utah and agree not to plead or claim in any court in the state of Utah that such litigation brought therein has been brought in an inconvenient forum.


International Users

Nu Skin makes no claims that the Content is appropriate or may be downloaded outside of the Countries for which it is meant.  Access to the Content may not be legal in certain countries or for certain persons.  If you access the Website from outside of the Countries for which it is meant, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, notwithstanding sections 15 and 16 above.


User Feedback

Should any User respond to Nu Skin with information, feedback, questions, requests, opinions, comments, suggestions, or the like regarding the content of any Nu Skin document, or the Website, such information shall be deemed to be non-confidential and Nu Skin shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.  Nu Skin shall be free to use any ideas, concepts, know how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.


Severability

In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement.


Headings

The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.


No Waiver

Any delay or failure by you or Nu Skin, at any time or times, to require performance of any provision hereof shall in no manner affect your or Nu Skin’s right at a later time to enforce such provision.  No delay or failure of you or Nu Skin in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.


Entire Agreement, Updates and Modifications

This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Nu Skin, you and the Nu Skin Distributor pertaining to the subject matter hereof.  In its sole discretion, Nu Skin may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Website.  Any amended or modified terms will be effective upon posting.  Continued use of the Websites constitutes acceptance of any modified terms and conditions.


Assignment

You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Nu Skin, except pursuant to the sale of your business, or all or substantially all of its assets.  Nu Skin may, at any time, assign its rights or delegate its obligations hereunder without notice to you.


Third Party Beneficiary Rights

No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.


Policy Regarding Copyright Infringement and Designation of a Copyright Agent

If you believe that your work has been used on our Websites in any manner that constitutes copyright infringement under your Country’s laws, please notify Nu Skin's copyright agent at the address below.

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) of the United States is set forth below:

NU SKIN COPYRIGHT NOTICE

Nu Skin respects the intellectual property rights of others and requires those who use our Services to do the same. Nu Skin may, in appropriate circumstances and at its discretion, remove or disable access to material on its Websites that infringes upon the copyright rights of others. Nu Skin also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.

If you believe that your work has been used on our Websites 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 on the Services is Blaine Knight, who can be reached as follows:

By mail: Nu Skin Enterprises United States, Inc.; 8th Floor; 75 West Center Street; Provo, UT 84601

By email: bknight@nuskin.com

By telephone: (801) 345-3800

By facsimile: (801) 345-3899


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