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STEMNUTRITION.COM
TERMS
OF
USE
The following are terms of a
legal
agreement between you and www.stemnutrition.com (SN). By
accessing,
browsing and/or using this web site, you acknowledge
that
you have read, understood, and agree, to be bound by these
terms
and to comply with all applicable laws and regulations, including
export
and re-export control laws and regulations. If you do not
agree
to these terms, do not use this web site.
This Web site may contain other
proprietary
notices and copyright information, the terms of which
must
be observed and followed. Information on this Web site may
contain
technical inaccuracies or typographical errors.
Information may be changed or
updated
without notice. SN may also make improvements and/or changes
in
the products and/or the programs described in this information
at
any time without notice.
SN assumes no responsibility
regarding
the accuracy of the information that is provided by SN
and
use of such information is at the recipient's own risk. SN
provides
no assurances that any reported problems may be resolved
with
the use of any information that SN provides. By furnishing
information,
SN does not grant any licenses to any copyrights,
patents
or any other intellectual property rights.
SN does not want to receive
confidential
or proprietary information from you through our Web
site.
Please note that any information or material sent to SN will
be
deemed NOT to be confidential. By sending SN any information
or
material, you grant SN an unrestricted, irrevocable license
to
use, reproduce, display, perform, modify, transmit and distribute
those
materials or information, and you also agree that SN is free
to
use any ideas, concepts, know-how or techniques that you send
us
for any purpose. However, we will not release your name or otherwise
publicize
the fact that you submitted materials or other information
to
us unless: (a) we obtain your permission to use your name; or
(b)
we first notify you that the materials or other information
you
submit to a particular part of this site will be published or
otherwise
used with your name on it; or (c) we are required to do
so
by law. You can learn more about SN privacy practices on the
website.
GLOBAL AVAILABILITY
Information SN publishes on
the
World Wide Web may contain references or cross references to
SN
products, programs and services that are not announced or available
in
your country. Such references do not imply that SN intends to
announce
such products, programs or services in your country. Consult
your
local SN business contact for information regarding the products,
programs
and services which may be available to you.
SN's obligations with respect
to
its products and services are governed solely by the agreements
under
which they are provided. If you obtain a product or service
from
SN off this web site that is provided without an agreement,
that
product or service is provided "AS-IS" with no warranties
whatsoever,
express or implied, and your use of that product or
service
is at your own risk.
BUSINESS RELATIONSHIPS
SN makes no representations
whatsoever
about any other Web site which you may access through
this
one. When you access a non-SN Web site, even one that may
contain
the SN-logo, please understand that it is independent from
SN,
and that SN has no control over the content on that Web site.
In
addition, a link to a non-SN Web site does not mean that SN
endorses
or accepts any responsibility for the content, or the use,
of
such Web site. It is up to you to take precautions to ensure
that
whatever you select for your use is free of such items as viruses,
worms,
trojan horses and other items of a destructive nature.
IN NO EVENT WILL SN BE LIABLE
TO
ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL
DAMAGES
FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED
WEB
SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS
INTERRUPTION,
LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION
HANDLING
SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF
THE
POSSIBILITY OF SUCH DAMAGES.
ALL INFORMATION IS PROVIDED
BY
SN ON AN "AS IS" BASIS ONLY. SN PROVIDES NO REPRESENTATIONS
AND
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES
OF
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON
INFRINGEMENT.
SN may at any time revise these
terms
by updating this posting. By using this web site, you agree
to
be bound by any such revisions and should therefore periodically
visit
this page to determine the then current terms to which you
are
bound.
SPAM POLICY
Violations of the policy set
forth
in this document could result in disciplinary action, which
may
include the termination of the offending Independent Associate's
(IA's)
contract.
PURPOSE OF SPAM
POLICY
stemnutrition.com (SN) is
committed
to
protecting the business of the IA and the business of the Company.
Spam
has the ability to cause a disruption in both of these businesses
and
therefore SN has a "zero tolerance" for spam and strictly
prohibits
IA's from engaging in the act of spamming. Because SN
is
committed to building its business the right way, this policy
has
been developed to conform to the highest reasonable
standards.
DEFINITION OF
SPAM
Spamming is defined as any
unsolicited,
unwanted,
irrelevant, or inappropriate messages sent to individuals
who
have no personal, business, social or acquaintance relationship(s)
with
the sender.
ESTABLISHMENT OF SPAM
VIOLATION
You may not send unsolicited
email
that in any way implicates our service (i.e. using SN web
links
in an email). This also prohibits the use of your personalized
SN
URL or any derivative spelling of the word SN in any form of
unsolicited
electronic communication.
Any SOLICITED mass communication
(as
with Opt-in e-mail lists) must contain the required instructions
for
unsubscribing and removal from the list. SN will also consider any of
the following activities a violation of our policy:
* Non compliance with any local, State, Provincial and Federal
laws regarding unsolicited commercial email
*
Sending unsolicited faxes
Should an Independent Advisor
choose
to use purchased leads and email lists, it is their responsibility
to
adhere to any applicable laws, limitations or regulations that
govern
such practices.
INDEPENDENT ADVISOR (IA)
LIABILITY
Although anti-spam laws have
rules
in place that include, but are not limited to, the required
inclusion
of removal links in emails and the provision of proper
contact
information, SN recognizes that compliance to any laws
set
forth does not take away IA's liability for spamming. It is
at
our sole discretion to establish what is to be regarded as
"spam".
SPAMMING
SANCTIONS
For the purposes of this policy,
each
report of spam is considered an offense.
SN will notify IA of any complaint
regarding
their email practices or any alleged violation of the
above
policies. Within forty-eight (48) hours of notification, IA's
must
respond to SN and provide any information requested including,
but
not limited to, the time, date, relationship to the recipient
and
content of the email.
If the IA fails to provide
information
that
demonstrates that the IA did not send SPAM email or otherwise
violate
the above policies, SN will impose the following
sanctions:
First offense:
The IA will be assessed a fee
of
$100/hour for time spent by SN researching the complaint. If
the
spamming activities result in any damage, fines, or fees or
cause
any of the SN websites, domains, servers or activities to
be
interrupted from normal operation, the IA will be held liable
for
damages and loss of business. If in SN's sole opinion the first
offence
is severe, we reserve the right to terminate the IA
position.
Second offense:
The IA's position will be
permanently
terminated
and all commissions and payouts of any kind will be permanently
forfeited.
Ignorance of this policy will
not
be an acceptable excuse for violation and sanctions will still
apply.
There are NO EXCEPTIONS to this policy.
SPAM COMPLAINTS
We apologize if you believe
you
have been spammed by one of our SN Independent Representatives.
Please
send your complaint along with the original message to admin
@
stemnutrition.com so we can deal with this matter
immediately.
FALSE SPAM
COMPLAINTS
SN supports the efforts of
various
organizations working to correctly eliminate spam activities.
However,
if an individual has opted to receive email from an IA
of
SN, and then falsely or maliciously files a spam complaint against
SN
or its IA, SN will cooperate fully with the appropriate agencies
in
the investigation of the incident.
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