Terms of Use
Mannatech, Incorporated (“Mannatech”) owns and operates this ExploreMannatech.com Web site (the "Site"), which also includes any services related to such operation, or any communications related to ExploreMannatech.com. All references hereafter to the Site include Mannatech and, where appropriate, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Mannatech.
By using the Site, you, the user of the Site ("you" or "user"), agree to the terms, conditions, notices, and guidelines contained in this Terms and Conditions of Use Agreement (the "Agreement") and all modifications hereto. Mannatech reserves the right, at its discretion, at any time, to change or modify the terms and conditions of this Agreement that may be applicable to you, or any part thereof, and to impose new 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 this Agreement will apply to your use.
Users of the Site should periodically check for changes to this Agreement. Your continued use of the Site following the posting of changes to this Agreement on the Site, or by other means by which you obtain notice of those changes means you accept those changes.
Please e-mail any questions regarding this Agreement to mannacomm@mannatech.com.
IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
MANNATECH RESERVES THE RIGHT TO REFUSE OR REVOKE SERVICE TO YOU OR ANY USER AT ANY TIME.
THE SITE AND THE MATERIAL CONTAINED IN THE SITE IS INTENDED FOR USE IN THE UNITED STATES ONLY.
MANNATECH HAS THE RIGHT BUT NOT THE OBLIGATION TO MONITOR THE CONTENT OF THE SITE AND USE THEREOF TO DETERMINE COMPLIANCE WITH THIS AGREEMNENT.
1. Intellectual Property.
The Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Mannatech or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Mannatech and protected by U.S. and international copyright laws. All software used on the Site is the property of Mannatech or commercial software suppliers and is protected by U.S. and international copyright laws.
Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the Site ("Site Material") subject to the following conditions:
- Site Materials may only be used for your personal, non-commercial use;
- Site Materials may not be modified;
- Site Materials may not be copied and posted on any other Web site;
- All copyright, trademark, and other proprietary notices contained in any and all Site Materials may not be altered or deleted and the following notice must appear on each copy of Site Materials: "Copyright ©: [insert year] Mannatech, Incorporated. All rights reserved. Protected by the copyright laws of the United States and international treaties" must appear on each copy of Site Materials.
The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any Site Material or elements from the Site including, but not limited to, the design or layout of the Site, individual elements of the Site's design, or the Mannatech logo or other "Trademarks" as defined below, without the express written permission of Mannatech, or other owners of the Intellectual Property is strictly prohibited. For purposes of this Agreement, the use of any Site Material on any other Web site or networked computer environment is prohibited.
2. User Submissions.
Any messages, suggestions, materials, photos, works of art or authorship, ideas, or concepts that are submitted through the Site by Users ("Submitted Materials") are submitted with the express understanding that the Submitted Materials may be used without limitation by Mannatech or any of its affiliates, in whole or in part, for any purpose in perpetuity, including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media. You additionally agree that Mannatech is free to use any ideas, concepts, techniques, or know-how contained in any Submitted Materials you send to or post on or via the Site for any purpose whatsoever.
DO NOT POST YOUR PERSONALLY IDENTIFIABLE CONTACT INFORMATION IN ANY MESSAGE BOARDS OR OTHER PART OF THE SITE ACCESSIBLE TO USERS, INCLUDING YOUR TELEPHONE NUMBER, HOME, BUSINESS OR EMAIL ADDRESS. ANY POSTING OF SUCH PERSONAL INFORMATION IS EXPRESSLY AT YOUR OWN RISK.
3. Trademarks.
The trademarks, logos, and service marks, including but not limited to Mannatech™&, (collectively, the "Trademarks"), displayed on the Site are the trademarks of Mannatech. All rights reserved. Nothing contained in the Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Mannatech or the third party that owns other trademarks that may be displayed on the Site. Your use of the Trademarks displayed on the Site, third party trademarks displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited. Any other trademarks appearing on the Site which are not the property of Mannatech are the property of the respective owners.
4. User Responsibilities.
You agree that you will conduct yourself in a mature manner that lends itself to civil discourse, and that you will use the Site for lawful purposes only. Further, you agree not to use any facilities or resources available on or through the Site to perpetrate prohibited conduct, whether against the Site, Mannatech, or any other third party. Examples of prohibited conduct include, but are not limited to chain letters, unauthorized copying of Submitted Materials, Site Materials or Intellectual Property, pornography, unsolicited advertising, postings which are deemed excessive in number or deemed to be initiated to harm the Site or Mannatech’s business, or other communication that creates a nuisance or is otherwise offensive to the recipient or other users of the Site. You represent and warrant that Submitted Materials do not infringe any third-party intellectual property rights. You agree not to transmit any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or profane material, any material submitted without permission under another person's name, or other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. You shall not, without the express written approval of Mannatech, submit any materials which contain advertising or any solicitation with respect to products or services, including any on-line businesses or services competitive with Mannatech. Mannatech has the right, in its sole discretion to edit or remove any material portion of Submitted Materials, which in its sole discretion, it finds to be in violation of the provisions of this agreement, in violation of any applicable state or federal law, or otherwise objectionable.
5. Privacy.
On most sections of the Site, Mannatech collects personal information from its users on a voluntary basis. Mannatech does not require this information for users to obtain access to the Site; however, users may have to provide certain personal information in order to participate in some of the features offered on the Site. Personal information received from any visitor will be used solely for internal marketing purposes and will not be sold or provided to third parties. By accepting this Agreement, you expressly consent to our use of your personal information as explained in this paragraph.
6. Limits on Liability.
You agree that at no time during or after the term of this Agreement that Mannatech is liable for:
- The contents of any communication, message, or other information sent by you or third parties to Mannatech or the Site, or posted by you or other third parties on any part of the Site;
- The contents of any Web site not controlled, owned, or operated by Mannatech that is accessed from or linked to any part of the Site;
- Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
- The results of any interpersonal interactions to which you are exposed or in which you become involved through the Site or other Mannatech Web sites; and
- Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use any of the Site or related content, or download any software through the Site, even if Mannatech has been advised of the possibility of such damages. If you are dissatisfied with any portion of the Site, any content, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.
The Site may include links to other Internet sites, both related and unrelated to Mannatech and/or the Site. Additionally, other sites may link to the Site with the permission of Mannatech. Descriptions of or references to individuals, companies, products, services or publications not owned by Mannatech on the Site or any linked Web site do not imply any endorsement of those individuals, companies, products, or publications by Mannatech. Mannatech is not and will not be liable for any damages or costs arising out of or in any way connected with your use or involvement with any of the individuals, companies, products, services, or publications accessed through the Site. Further it is acknowledged and agreed that, any actions taken by Mannatech to improve the user experience of the Site, including by removal of any Submitted Materials or occasional review of postings by individuals on the Site, will not be deemed to constitute or create a duty by Mannatech to monitor the content thereof, nor will it be deemed a basis for any liability of Mannatech in connection with Submitted Materials or otherwise without limitation.
7. Indemnification.
You agree to indemnify and hold Mannatech, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Mannatech harmless from all claims, liabilities, losses, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (a) your use of any parts of the Site, Site Materials or related services or any information posted by you on the Site; (b) your use of any Submitted Materials, products or services offered by third-parties through the Site, including without limitation any damage to any software or hardware as a result of any viruses; (c) your download and/or use of any of the software available for download through any part of the Site; or (d) your alleged breach of this Agreement.
8. Disclaimer of Warranties.
The information, material, services, and other content included on any part of the Site may include inaccuracies, typographical errors, and/or other problems.
MANNATECH MAKES NO CLAIM THAT ITS PRODUCTS ARE ANYTHING OTHER THAN PRODUCTS DESIGNED TO IMPROVE NUTRITION AND, THEREBY, OPTIMIZE HEALTH. EVERYONE REGARDLESS OF HIS/HER ORIGINAL STATE OF HEALTH CAN BENEFIT FROM IMPROVED NUTRITION.
MANNATECH PRODUCTS ARE NOT DESIGNED FOR USE IN THE TREATMENT OF DISEASE OR TO SUBSTITUTE FOR A DOCTOR'S CARE OR FOR PROVEN THERAPY. MANNATECH'S PRODUCTS ARE DESIGNED TO IMPROVE NUTRITION RATHER THAN TO TREAT DISEASE. HOWEVER, SCIENTIFIC RESEARCH HAS ESTABLISHED A CONNECTION BETWEEN NUTRITION AND MANY DISEASE CONDITIONS.
ANY PRODUCT CLAIMS MADE BY INDIVIDUALS WITHIN THE CONTENT OF THIS WEB SITE ARE BASED UPON HIS OR HER PERSONAL BELIEF AND/OR EXPERIENCES AFTER THE USE OF MANNATECH PRODUCTS AND MANNATECH DISCLAIMS ALL LIABILITY FOR SUCH CLAIMS THAT MAY BE MADE. THESE REPORTS HAVE NOT BEEN VERIFIED AND ARE NOT REPRESENTED AS PROVIDING A BALANCED VIEW OF THE AVAILABLE SCIENCE. THESE ARE THE STATEMENTS OF THE INDIVIDUALS GIVING THEM AND NOT OF MANNATECH, INCORPORATED.
WITH RESPECT TO MANNATECH’S INDEPENDENT ASSOCIATES, ANY MISUSE OF THIS SITE WILL RESULT IN DISCIPLINARY ACTION IN ACCORDANCE WITH THE COMPLIANCE ADMINISTRATION PROCEDURE.
MANNATECH RECORDS YOUR ACCEPTANCE OF THESE TERMS AND RETAINS A COPY OF YOUR ACCEPTANCE FOR A PERIOD OF THREE (3) YEARS.
ALL OF THE SITE MATERIALS, CONTENT, AND SERVICES ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MANNATECH DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MANNATECH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ITS CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, OR ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MANNATECH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEB SITE AND ITS CONTENT, INCLUDING THIRD-PARTY CONTENT OFFERED THROUGH THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, NEGILGENCE, OR FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MANNATECH IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD-PARTY USERS OF THE SITE OR ANY CLAIM FOR VIOLATION OF PUBLICTY OR PRIVACY RIGHTS.
USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY CONTENT OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
9. Choice of Law, Jurisdiction and Venue.
This Agreement shall be governed by the laws of the State of Texas applicable to contracts entered into and performed exclusively in that state. Any court of competent jurisdiction sitting within Dallas, Texas will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. The losing party shall pay all reasonable fees and costs (including reasonable attorneys' fees) resulting from any claim or dispute arising from this Agreement.
Mannatech makes no representation that content on any part of the Site is appropriate or available for use in other locations outside the United States. Those who choose to access any part of the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site may contain references to products or services not available in all countries. While Mannatech does market some of its products outside of the United States, the content of this Site may not be compliant with the laws and/or regulations of other countries. Software from any part of the Site may be subject to U.S. and Canadian export controls.
10. The Site is owned and operated by Mannatech, Incorporated. All notices regarding this site should be addressed to the attention of Mannatech’s General Counsel at its corporate headquarters located at 600 S. Royal Lane, Suite 200, Coppell, Texas 75019. For further information about Mannatech or the Site, please visit the "Contact Us" section of the Site. You may have this same information sent to you by e-mail by sending a letter to Mannatech, Incorporated, Attention: Global Communications, 600 S. Royal Lane, Suite 200, Coppell, Texas 75019 with your e-mail address and a request for this information.
Copyright © 2008. Mannatech, Incorporated. All rights reserved.
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