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STEMCELLFX.COM TERMS OF USE The following are terms of a legal agreement between you and www.stemcellfx.com (SC). 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. SC may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. SC assumes no responsibility regarding the accuracy of the information that is provided by SC and use of such information is at the recipient's own risk. SC provides no assurances that any reported problems may be resolved with the use of any information that SC provides. By furnishing information, SC does not grant any licenses to any copyrights, patents or any other intellectual property rights. SC does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to SC will be deemed NOT to be confidential. By sending SC any information or material, you grant SC an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that SC 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 SC privacy practices on the website. GLOBAL AVAILABILITY Information SC publishes on the World Wide Web may contain references or cross references to SC products, programs and services that are not announced or available in your country. Such references do not imply that SC intends to announce such products, programs or services in your country. Consult your local SC business contact for information regarding the products, programs and services which may be available to you. SC'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 SC 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 SC makes no representations whatsoever about any other Web site which you may access through this one. When you access a non-SC Web site, even one that may contain the SC-logo, please understand that it is independent from SC, and that SC has no control over the content on that Web site. In addition, a link to a non-SC Web site does not mean that SC 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 SC 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 SC ON AN "AS IS" BASIS ONLY. SC PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON INFRINGEMENT. SC 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 (SC) 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 SC has a "zero tolerance" for spam and strictly prohibits IA's from engaging in the act of spamming. Because SC 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 SC web links in an email). This also prohibits the use of your personalized SC URL or any derivative spelling of the word SC 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. SC will also consider any of
the following activities a violation of our policy: 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, SC 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. SC 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 SC 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, SC will impose the following sanctions: First offense: The IA will be assessed a fee of $100/hour for time spent by SC researching the complaint. If the spamming activities result in any damage, fines, or fees or cause any of the SC 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 SC'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 SC Independent Representatives. Please send your complaint along with the original message to admin @ stemcellfx.com so we can deal with this matter immediately. FALSE SPAM COMPLAINTS SC 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 SC, and then falsely or maliciously files a spam complaint against SC or its IA, SC will cooperate fully with the appropriate agencies in the investigation of the incident.
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