BY ACCESSING, BROWSING, OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN, AND ANY POLICIES REFERENCED BY, THESE SITE TERMS, INCLUDING ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SITE.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. Mannatech prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Mannatech upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You understand that the Site is offered by Mannatech as a format for building and developing your business. In providing the Site, Mannatech makes no representations, warranties or guarantees regarding the results achieved in your business by using the Site.
You may not use the Site for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the App and your Content (defined below), including but not limited to copyright laws, data collection, privacy and anti-spam legislation. Without limiting the generality of the foregoing, you agree that, where required, you have obtained valid consent to send commercial electronic messages via the Site.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, and other content or materials (collectively, “Content”) that you submit, post or display on or via the Site. You must not post violent, derogatory, discriminatory, unlawful, infringing, hateful photos or other similar content via the Site.
You must not change, modify, adapt or alter the Site in any way.
You must not interfere or disrupt the Site or servers or networks connected to the Site, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Mannatech application or sites are rendered or displayed in a user’s browser or device.
You must not attempt to restrict another user from using or enjoying the Site and you must not encourage or facilitate violations of these Site Terms.
Violation of these Site Terms may, in Mannatech’s sole discretion, result in termination of your Site account. You understand and agree that Mannatech cannot and will not be responsible for the Content posted on the App and you use the App at your own risk. If you violate the letter or spirit of these Site Terms, or otherwise create risk or possible legal exposure for Mannatech, Mannatech can stop providing all or part of the Site to you.
All copyrighted and copyrightable materials on the Site, including but not limited to the text, design, manuals, product information, graphics, images, pictures, videos, sound and other files, and the selection and arrangement thereof (collectively, “Materials”) are ALL RIGHTS RESERVED © 2015 Mannatech, Incorporated and/or its licensors. Mannatech grants you a limited license to make personal use only of the Materials for your information purposes and for the purposes of promoting the Mannatech products and business opportunity only. This license is subject to these Site Terms, and does not include the right to: (a) use the Site or Materials other than for the intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Site, including any images or videos found on the Site or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of the Site or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.
You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of Mannatech or any third party. Any unauthorized use of the Site will terminate the permission or license granted by these Site Terms and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Requests for written permission to use the Site in any above listed manner should be sent to the Brand Management department. They may be reached as follows:
600 S. Royal Lane
Coppell, Texas 75019
You are also advised that Mannatech will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Notice of claims of copyright infringement of our Materials can be reported to the Company by emailing email@example.com.
You represent and warrant that: (i) you own the Content posted by you on or through the App or otherwise have the right to grant the rights and licenses set forth in these App Terms; (ii) the posting and use of your Content on or through the App does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the App; and (iv) you have the legal right and capacity to enter into these App Terms in your jurisdiction. Mannatech reserves the right to remove any Content from the App for any reason, without prior notice. Content removed from the App may continue to be stored by Mannatech, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide Mannatech’s copyright agent the following written information in accordance with the Digital Millennium Copyright Act (DMCA):
Trademarks of Mannatech and those of its suppliers or licensors may not be copied, used or imitated, in whole or in part, without the prior written permission of Mannatech or its suppliers or licensors. You may not use meta tags or any other “hidden text” using any of the above-referenced marks without Mannatech’s permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Mannatech, and may not be copied, imitated, or used, in whole or in part, without Mannatech’s prior written permission. All other Mannatech names or logos mentioned on the Site, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Mannatech.
This Site is based in Coppell, Texas, USA. Mannatech makes no claims that the information located herein is appropriate or may be downloaded legally outside of the United States. Access to the materials may not be legal by certain persons in certain countries. If you access this Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws in your respective jurisdiction. You understand and agree that:
These Site Terms and any transactions thereunder shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and entirely to be performed within the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or inequity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Dallas County, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these App Terms.
Mannatech reserves the right, at its discretion, at any time, to change or modify these App Terms that may be applicable to you, or any part thereof, and to impose new Site Terms and conditions. Such changes, modifications, additions or deletions will be effective immediately. Each time you use the Site the terms and conditions set forth in these Site Terms will apply to your use. Users of the Site should periodically check for changes to the Site Terms. Your continued use of this Site following the posting of changes to the Site Terms on the Site, or by other means by which you obtain notice of those changes, means that you accept those changes.
THE SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. MANNATECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. MANNATECH DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE.
MANNATECH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. MANNATECH CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING CONTENT THAT IS POSTED BY THIRD PARTIES. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL MANNATECH BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS THEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
You agree to defend (at Mannatech’s request), indemnify and hold Mannatech harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following, including as a result of your direct activities on the Site or those conducted on your behalf: (i) your Content or your access to or use of the App; (ii) your breach or alleged breach of these Site Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Mannatech in the defense of any claim. Mannatech reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Mannatech.
You agree that any claim you may have arising out of or related to your relationship with Mannatech must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
This Site and any other official Mannatech web site may contain links to sites owned or operated by parties other than Mannatech. Mannatech provides these links as a convenience only and does not endorse the companies or contents of any linked sites. Mannatech does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Website owners who wish to link their website to Mannatech’s website must obtain prior written permission from Mannatech’s Brand Management department at the contact information listed above.
Mannatech may use “cookie” technology to obtain non-personal information from its online visitors. Cookies are information files that your web browser automatically places from your computer when you visit a web site. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. We do not extract personal information in this process nor do we provide this information to third parties. Cookies allow us to customize your user interface to speed up the navigation process and to make the site experience more meaningful, fun and efficient. If your browser is configured to reject cookies, you will not be able to utilize the features of our web site.February 2015