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Online Wellness Community Natural Health and Anti-Aging News
Online Wellness Community Natural Health and Anti-Aging News

Legal terms and conditions – Other miscellaneous terms and conditions

The following additional terms and conditions are agreed to by all members and users of Online Wellness Community Inc., websites.

  1. The term of this agreement is for ten (10) years and automatically renews for subsequent one year terms unless cancelled by either party by advance 90 days notice unless for breach hereof. If a Member cancels as provided herein, or if the Member’s Member Agreement is involuntarily canceled as provided herein, the former Member shall have no right, title, claim or interest to the Your Network which the cancelled member built, or any commission from the sales generated by that Your Network after termination. A Member whose membership is cancelled will lose all rights as a Member including unpaid rewards. In the event of cancellation, Members agree to waive all rights they may have, including but not limited to property rights, to their former Your Network and to any bonuses, commissions or other remuneration derived from the sales and other activities of his or her former Your Network.
  2. Any controversy or claim arising out of or relating to the Agreement shall be settled by arbitration administered by JAM or AAA in Company’s selection. All arbitration proceedings shall be held in the City of Scottsdale Arizona. Company may select the arbitrator. You are responsible for your own fees, costs and expenses of arbitration, including legal and filing fees. You are also responsible for the fees of the arbitrator you select as well as 50% of the fee of the third arbitrator agreed upon. The decision of the arbitrator shall be final and binding on the parties. The Company may seek injunctive action in any court of law at any time notwithstanding this mandatory arbitration provision governing all other disputes between the parties.
  3. Should any portion of this Agreement (comprising the above and all of the below provisions to the end hereof) be declared invalid by a court of competent jurisdiction, the balance of such rules, applications, or instruments shall remain in full force and effect.
  4. This Agreement shall be construed under Nevada law in Company’s election. Otherwise Arizona law applies.
  5. This Agreement, including all of the following additional terms and conditions, constitutes the entire agreement of the parties (You and Company), and may only be amended by a mutually agreed upon writing unless otherwise specified herein, is binding upon successors and assigns, shall be liberally construed, and is fully adopted electronically by You applying for membership and accepting membership by logging in.
  6. You may not sell, assign or otherwise transfer this Member Agreement or Member rights to Your Network without written application and approval by the Company which may be withheld for any or no reason in Company’s complete discretion.
  7. Violation of the Agreement or violation of any common law duty, including but not limited to any applicable duty of loyalty, or any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by Member that, in the sole discretion of the Company may damage its reputation or goodwill, may result, at the Company’s discretion, in one or more of the following corrective measures: i. Issuance of a written warning or admonition; ii. A requirement the Member take corrective measures; iii. The imposition of a reasonable fine, which may be deducted from your DMR Rewards; or iv. Any other measure expressly allowed within any provision of this Agreement. The Company may withhold all or part of the Member’s DMR Rewards during the period that the Company is investigating any misconduct or in litigation with Member. If a Member’s rights hereunder are decided to be canceled for disciplinary reasons, the Member will not be entitled to recover any commissions withheld during the investigation period if retention of such amounts is deemed a reasonable offset of damages caused by Member.
  8. The Company, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “Affiliates”), shall not be liable for, and you release and hold harmless the Company and its Affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release the Company and its affiliates from all liability arising from or relating to my promoting membership and agree to indemnify the Company for any claims, demands, liability, judgments, damages, fines, penalties, attorney fees, or other awards arising from any conduct and activities.
  9. When a decision is made to terminate a Member’s Agreement, the Company will inform the Member in writing that the Member Agreement is terminated. The termination notice will be sent by certified mail to any address provided in Member’s profile, if any, as well as be sent electronically at the last provided email address. Notice of termination is effective upon Company sending Member an email.
  10. Every person or other prospective member has the ultimate right to choose his/her own referring member. No member shall have any claim against Company or another member due to a member’s selection of their referring member.
  11. No income claims, income projections nor income representations other than those in this Agreement or on Company websites may be made to prospective members. Any false, deceptive or misleading claims regarding the opportunity or products or services are prohibited.
  12. You agree the Company never waives its rights to enforce any term or condition of this Agreement except expressly in writing regardless of how much time has elapsed since a violation that was not previously enforced.
  13. You understand and agree that our websites may include advertisements and that these advertisements are necessary for us to provide quality services. Your correspondence or business dealings with, or participation in promotions of, advertisers, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Company shall not in any way be remotely responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our websites.
  14. We may provide, or third parties may provide, links to other World Wide Web sites or resources. We have no control over and do not monitor such sites and resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource including viruses or electronic contamination or loss of personal information that may result from you visiting third party sites through such links.
  15. You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of our services, or your violation of any rights of another, whether you are a registered user or not. You are responsible for your actions including, but not limited to, costs incurred for Internet access.
  16. You agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of our content or software design and engineering, use of our services, or access to our services, without express written permission by Company.
  17. You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that Company or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software.
  18. Provided you are eligible to use our websites, you are granted a limited license to access and use such websites and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission, is strictly prohibited and will terminate your membership rights hereunder. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
  19. You understand and agree that your use of our website is at your sole risk. Any content, data, links, services, information, accessibility, or functionality is provided “AS-IS” without any express or implied warranty of merchantability, fitness for a particular purpose and non-infringement. Company is not liable for any injury, loss, claim, damages of any kind, whether based on contract, strict liability, tort or otherwise.
  20. We are make reasonable efforts to maintain operation of the Site however we are not responsible for any damages or loss caused you directly or indirectly due to loss of use, loss of data, delays, defects, inaccuracies, quality issues, or any other failure to meet your expectations. We will if business resources allow correct any software and technology defects to continue improving our websites and their performance and user experience.
  21. You are solely responsible for damage to your computer and related programs and information stored thereon as a result of downloading any information, data, products or services from our sites or from sites linked to our Site. You expressly release us from all associated liability or claims.
  22. Notices to you may be made via email, regular mail or Company’s internal notification mechanism.
  23. The Content within the Site includes copyrighted works proprietary to us or to third parties who have provided us with Content (“Content Providers”). You may download and print a single copy of the Content solely for your internal non-commercial use, provided that such Content must not be altered in any way and must contain all copyright and proprietary rights notices that accompany such Content. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU AND/OR YOUR EMPLOYER TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS AND TREATIES.
  24. You agree that we (or our Content Providers) own all worldwide rights, titles and interests in and to the Site and all intellectual property rights therein. You may create a bookmark in your browser to the home page of the Site. Otherwise, you may not create a link to the Site without our prior written approval. All rights not expressly granted in this Agreement are reserved to us. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this Agreement.
  25. We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas or elsewhere on the site. We also do not endorse any opinions expressed in Interactive Areas or elsewhere on the site. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS OR ELSEWHERE ON THE SITE IS AT YOUR OWN RISK.
  26. You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information or content you submit to the site by all means and in any media now known or hereafter developed for any use or purpose.
  27. Disputes. In addition to the dispute terms and provisions elsewhere in this Agreement which You agree to, You also agree all disputes are to be submitted to binding, non-appealable, arbitration to be conducted in Arizona through either JAM or AAA (in Company’s election) by a three member arbitration panel. You select one of the arbitrators, the Company another and the third must be mutually agreed upon. You also agree to be responsible for all Your associated legal and other fees and expenses regardless of outcome. You waive any and all claim to incidental or consequential damages. You waive any and all rights to seek enforcement or review by courts of law. Regarding payment of arbitrator fees, You pay the fees of the arbitrator you select, Company pays the arbitrator fees for the arbitrator Company selects, and You agree to split the cost and fees of the third mutually agreed upon arbitrator. You agree you have waived your right to seek jurisdiction of a court of law in any jurisdiction in connection to this agreement You agree to resolve all disputes by binding arbitration in Arizona. If You nevertheless attempt to bring an action in a court of law, You agree to pay all legal and other professional fees and costs incurred by Company associated with such action and Company’s efforts to seek dismissal of that action should it so chose.

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