PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER dōTERRA WEB SITE(S) OR PURCHASING ANY PRODUCT OR SERVICES FROM dōTERRA.
This Agreement (the “Agreement”) is made between dōTERRA International, a Utah limited liability company (the “Company,” “we” or “us”) and you. This Agreement sets forth the legal terms and conditions for your use of this web site and any other dōTERRA web site(s) and for your purchase and/or use of any dōTERRA goods, services or in connection with the dōTERRA business opportunity (collectively referred to hereinafter as, “Site Content”).
This Agreement also provides information on how to become a dōTERRA IPC. Your use of dōTERRA’s web site(s), including all web pages (collectively, the “Site”) and all information, data, text, software, information, images, sounds or other materials (collectively, the “Content”) contained therein, or your use or purchase of any other Site Content confirms your acceptance of this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you are dissatisfied with the Site or other Site Content, your sole and exclusive remedy is to stop using the Site or other Site Content, except as otherwise expressly stated in section Six of this Agreement (dōTERRA Customer Guarantee).
We reserve the right at any time to:
• Change the terms and conditions of this Agreement;
• Enhance, add to, modify or discontinue the Site or other Site Content, or any portion of the Site or other Site Content, at any time at our sole discretion. Any changes to this Agreement will be effective immediately upon notice, which may be provided to you via e-mail or by display on the Site (hereinafter, “Notice”). Your use of the Site or other Site Content after such Notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with its most current version. The Site or other Site Content, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the Site or other Site Content will be subject to this Agreement.
You must obtain access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We have no liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software.
You represent and warrant that you are at least 18 years old. dōTERRA products and the dōTERRA business opportunity cannot be offered, shipped into or sold in any country outside of those countries that are previously authorized by dōTERRA. dōTERRA is expanding its sales into other markets, accordingly please check for updates periodically.
4. dōTERRA INDEPENDENT PRODUCT CONSULTANTS
dōTERRA products and services are sold through dōTERRA’s network of Independent Product Consultants (hereinafter “IPC” or “IPCs”). To purchase dōTERRA goods or services, you do not have to become an IPC you may become a Preferred Customer. If, however, you are interested in becoming a dōTERRA Independent Product Consultant, please call dōTERRA at 800-411-8151 or email us at email@example.com.
5. dōTERRA INDEPENDENT PRODUCT CONSULTANT WEB SITES
If a dōTERRA Independent Product Consultant has his own Internet web site(s), it is his sole responsibility to ensure that his web site content is accurate and that it fully complies with all dōTERRA rules, policies and procedures, including without limitation, dōTERRA’s Policies and Procedures, and all applicable federal and state rules and regulations. dōTERRA DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATED IN ANY WAY TO INDEPENDENT PRODUCT CONSULTANT WEBSITES.
6. dōTERRA CUSTOMER GUARANTEE
dōTERRA guarantees the quality of any product which carries the dōTERRA name and certifies that the products manufactured for it meet high standards of freshness and purity for customer use. We are confident that our customers will find our products satisfactory in every way.
However, if for any reason, a retail customer is not completely satisfied with any dōTERRA product purchased from a dōTERRA Independent Product Consultant, the customer may request a refund from the IPC within thirty (30) days from the date the customer receives the product. (Customers residing in Wyoming may exceed the 30-day refund period.) The customer will be instructed to return the product, or the unused portion thereof, to the IPC from whom the customer purchased the product.
The IPC must offer the customer a full credit toward the purchase of other dōTERRA products or a full refund of the purchase price. This guarantee is limited only by the terms of certain specific warranties attached to or packaged with certain products and does not apply to any product intentionally damaged or misused.
7. YOUR INFORMATION
If you provide information to the Site, you agree to provide accurate, current and complete information about you. You also agree to maintain and update such information as appropriate. We may disclose any information about you that we collect through the Site or otherwise to third parties. For more information, please see the dōTERRA Policy Manual. Any changes to the dōTERRA Policy Manual will be effective immediately upon Notice. Your use of the Site or other Site Content after such Notice will be deemed acceptance of such changes.
8. USER CONDUCT
You are responsible for any and all Content that you send to us. You may not use the Site or other Site Content or any information that you get from the Site or other Site Content to:
• interfere with any other user’s use of the Site or other Site Content;
• conduct any unlawful activity;
• intentionally solicit or harm minors in any way;
• misrepresent your own identity or any affiliation that you may have;
• modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or other Site Content;
• alter or remove any copyright, trademark or other proprietary rights notices;
• “frame”, “mirror” or “deep link” any part of the Site or other Site Content without our prior written authorization; or
• link to any page within the Site or other Site Content from any web site or web page that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us.
9. USE OF E-MAIL ADDRESSES PROVIDED BY THE SITE
When using any e-mail address provided to you on or through the Site or other Site Content, you agree not to transmit to any person or entity:
• any Content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, harmful, harassing, tortuous, invasive of another’s privacy, hateful, or is racially, ethnically or otherwise objectionable, or is subject to an agreement of confidentiality, or infringes upon our or any third party’s intellectual property or other rights;
• any non-public information about any company;
• any trade secret; or
• any computer code, files or programs (for example, a computer virus) designed to interrupt, destroy, compromise the security of or limit the functionality of any device. Spamming is strictly prohibited. Spam is defined for this purpose as sending an unsolicited message to any persons, entities, newsgroups, forums, e-mail lists or other groups or lists unless prior authorization has been obtained from the e-mail recipient which explicitly permits sending e-mail communication to them, or unless a business or personal relationship has already been established with the e-mail recipient. IF YOU ARE “SPAMMED” BY SOMEONE WHO IS SELLING OR DESCRIBING dōTERRA’s PRODUCTS OR BUSINESS OPPORTUNITY, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION.
• the use of false headers in e-mails or falsifying, forging or altering the origin of any e-mail in connection with dōTERRA and/or its products and services is prohibited. If a person or entity indicates that they do not want to receive e-mail, you agree not to send e-mail to such person or entity. If a person initially agrees to receive e-mail, but later asks to stop receiving e-mail, you must abide by that request. dōTERRA prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service or otherwise.
10. OUR PROPRIETARY RIGHTS
The Site and other Site Content and software used with the Site and other Site Content contain information that is protected by copyrights, trademarks, trade secret laws, service marks, patents and/or other proprietary rights and laws (collectively, “Intellectual Property Laws”). The Content contained within the Site or other Site Content is protected by Intellectual Property Laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or other Site Content, in whole or in part, unless authorized by us, in writing, to do so.
11. OWNERSHIP AND RESTRICTIONS ON USE
dōTERRA International owns and operates the Site and/or other Site Content in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site or other Site Content in any way without our prior written permission. You may not modify any materials contained within the Site or other Site Content nor use any materials for any other purpose.
You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site or other Site Content. We grant you a limited, non-exclusive, non-transferable, non-assignable license to use the Content on the Site solely for the purpose of viewing the Site or other Site Content in the course of using the Internet. Subject to the foregoing license, you may not make a temporary or permanent copy of the Site or other Site Content for any purpose whatsoever, except as permitted in the doTERRA Policy Manual. We do not transfer the title to any Content to you.
We retain all right, title and interest in all Content. You may not sell, resell, decompile, reverse engineer, disassemble or otherwise translate any of the software portions of the Site or other Site Content, except as provided for in the dōTERRA Policy Manual. You may not transfer any portion of the Site or other Site Content to any third party. dōTERRA, our logo, and the name of the products produced, marketed, sold or distributed by the Company, are trademarks and/or service marks of dōTERRA Holdings, LLC. All other trademarks, service marks, and logos used on the Site or other Site Content are the trademarks, service marks or logos of their respective owners.
12. IDEA SUBMISSIONS
If you submit any ideas, suggestions or testimonials to us, we have the right to use your submission without charge in any manner that we deem appropriate, including posting them on the Internet. You may only post ideas and material to this Site if you have obtained appropriate copyright and other permission to post such materials and to permit us to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
The people giving product or business opportunity testimonials on our Site or other Site Content reflect the actual experience of each individual, are anecdotal only, and may be atypical.
We may provide links to third party web sites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such links. Since we do not have any control over third party web sites or resources, we cannot be held responsible or liable for any Content, or for your reliance on any Content, found on such third party web sites or resources.
Although we attempt to maintain the integrity of the Site and other Site Content, we make no guarantee as to the accuracy or completeness of the Site or other Site Content. If you believe that you have discovered an error in the Site or other Site Content, please contact us at (801) 615-7200 or email us at firstname.lastname@example.org or email@example.com, and include, if possible, a description of the error, its URL location and your contact information. We will make reasonable efforts to address your concerns.
16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By using the Site or other Site Content, you expressly agree that:
• The Site and other Site Content are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, except as expressly noted in the section of this Agreement entitled dōTERRA Customer Guarantee.
• We do not make any warranty that (i) the Site or Site Content will meet your requirements; (ii) the Site or other Site Content will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Site or other Site Content will be accurate or reliable; or (iv) any errors in the Site or other Site Content will be corrected.
• Your use of the Site or other Site Content is at your sole risk. Advice, statements or opinions should not be relied upon when making important personal, medical, legal or financial decisions. You should consult a professional to obtain specific advice appropriate to your circumstances. You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by any material that you download or obtain through the Site or other Site Content. We may not be held liable for any damages or harm attributable to viruses or other destructive materials.
• We make no representations or warranties regarding IPC web sites, including warranties of merchantability or fitness of purpose. You should not rely on any representations or warranties contained on any IPC web sites.
• The Company must approve any additional warranties in writing. You agree not to hold us, our officers, directors, employees, agents, designees, representatives, IPCs, or our suppliers liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if we have been advised that such losses may occur, which result from: • your inability to access your registration data at any time;
• your participation as a dōTERRA Independent Product Consultant;
• your use or inability to use the Site or your purchase or use of other Site Content;
• unauthorized access to or alteration of your transmissions or data; or
• the acts of any third party related to the Site or other Site Content. You hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if we have been advised of the possibility of such damages. Depending on the applicable jurisdiction, some of the limitations contained in this Section may not apply to you.
17. PROTECTING YOUR INFORMATION
We implement the following:
• Password protected- Your dōTERRA account is password protected.
• Timed log-off – dōTERRA’s system will automatically log you off from our site after 30 minutes of inactivity. This reduces the risk of others accessing your information from your unattended computer.
• Employee access – We limit employee access to customer information to those who have a business reason to know this information. We cannot and do not guarantee or warrant that this website, or materials that may be downloaded from this website, do not contain destructive features. We are not liable for any damages or harm attributable to the foregoing. Among other sharing, dōTERRA may share any of your information with companies that provide services to us, including companies that operate outside of the United States.
18. MAKING PURCHASES WITH YOUR CREDIT CARD
When you order products on the website, we need to know your name, email address, mailing address, credit card number, V-Code number and expiration date. This allows us to fulfill your order and to notify you of your order status. DON’T WANT TO USE YOUR CREDIT CARD ON THE INTERNET? No problem. Just call the customer service center at 800-411-8151.
In order to increase convenience and provide special services to frequent users of the website, we require that you register. This registration is open to anyone who wishes to purchase product. To register, we will ask you to provide your name, address, credit card billing information, product shipping information, product preferences and general demographic information. We use this information to make using the website easier for users:
• By not requiring frequent website visitors to re-enter recurring information every time they visit the website.
• To personalize website visits for frequent visitors, we will recommend products that you have indicated you are interested in and welcome you to the website by name.
• By adding your e-mail address to our “opt-in” list in order to receive email notifications about product specials and other company information via our email newsletter.
20. SHARING INFORMATION WITH THIRD PARTIES
dōTERRA does not sell or rent your information to any unrelated third party. We also do not authorize outside parties to use your information to market their products to you.
There are other situations when we may disclose to third parties the customer information we collect. Third parties could include government entities, courts or other entities (in response to subpoenas and other legal processes), and those with whom you have requested us to share information.
We also may disclose the information we collect with, for example, nonaffiliated third parties that are acting on our behalf, including companies that perform support services for us, such as data processors, technical systems consultants and programmers or companies that provide services and products for our IPCs.
21. LINKS TO OTHER WEBSITES
dōTERRA’s website may contain links to other third party websites. These websites provide our customers with additional information that may make your dōTERRA shopping experience more beneficial. All of these websites are owned and operated independently of dōTERRA. Each have their own separate privacy and data collection policies. dōTERRA has no responsibility or liability whatsoever for the independent actions or policies of these independent websites and is not responsible for the content or practices of such websites.
22. OPTING-OUT OF E-MAILS
dōTERRA collects email addresses at various points in the website. Providing your email address in most of these areas may be optional. If at any time you wish to stop receiving any promotional email messages from us, simply change the opt-out option in your registration record.
23. REFUND POLICY FOR RETAIL CUSTOMERS
Retail customers are guaranteed 100% product satisfaction. Within thirty (30) days from the date of purchase, a Retail Customer may (a) obtain a new replacement for any defective product; or (b) cancel the purchase, return the product and obtain a full refund.
In all cases, proper notice, proof of timely purchase and timely return of the product is required to be given a refund. dōTERRA reserves the right to reject repetitive returns. When dōTERRA products are acquired from or through an IPC, that IPC is the primary party responsible for customer satisfaction by exchanging the product or refunding the money. In the event there occurs a dispute, dōTERRA will determine the facts and resolve the issue. If cash is disbursed by dōTERRA, the same will be charged back to dōTERRA IPCs who benefited from the product sales.
24. YOUR CONSENT
By using our website, you consent to the collection and use of the data you provide to dōTERRA. If we decide to change our online privacy statement, we will post the revised version on the Site.
25. LIMITATION OF LIABILITY
We do not make any warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, compatibility, security, correctness, completeness, usefulness, or non-infringement with respect to this website or any information or goods that are purchased using this website.
You assume full responsibility and risk of loss, including loss of data, resulting from your use of this web site. We do not warrant that this website is free of viruses or other potentially harmful components. We do not warrant that this website will be uninterrupted or error-free, and there may be delays, omissions, interruptions and inaccuracies in the content or other materials or goods available on this website.
You agree that dōTERRA (including without limitation its officers, directors, employees, and affiliated entities) will not be held liable for any claims, damages or costs, whether direct or indirect, consequential or special, arising out of or in any way connected to your use or inability to use this website or any hyperlinked website, or any information or goods that are purchased using this website, including lost profits, business interruption, loss of programs or other data, or otherwise.
In addition, you agree that we may not be held liable for the conduct of other members associated with this website, including, but not limited to, activities relating to message boards or chat rooms, or any other services that may be offered in the future. You hereby waive any claims, whether based on contractual, tort or other grounds, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow for limited liability or exclusion of implied warranties, therefore not all of the above limitations may apply to you.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, designees, Independent Product Consultants and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or in any way related to:
• your acts or omissions in connection with the Site or other Site Content;
• the acts or omissions of any person in connection with the Site or other Site Content using your account;
• your purchase or use of the Site or other Site Content and the purchase or use of the Site or other Site Content by any person using your account;
• breach of any provision of this Agreement;
• any allegation that any materials submitted to us, transmitted to us or through the Site or other Site Content infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
• violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of publicity, trespass, and infringement of intellectual property or other proprietary rights. If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action.
28. TERMINATION; MODIFICATION
At any time and for any reason, we may terminate your use of and access to the Site or other Site Content. At any time and for any reason, we may modify or discontinue providing the Site or other Site Content, or any part thereof, with or without notice to you.
No notice is required to effect any termination right of any party. You shall not hold us responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages due to our modification or discontinuation of the Site or other Site Content or our termination of your access to the Site or other Site Content.
29. UNITED STATES LAW
If you choose to access the Site or other Site Content from locations outside of the United States, you are responsible for compliance with local laws if, and to the extent that, such local laws are applicable. All software used on the Site or other Site Content is subject to U.S. export controls.
No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right, in our sole discretion, to limit the availability of the Site or other Site Content to any person, geographic area or jurisdiction at any time.
The laws of the State of Utah apply to this Agreement (without regard to Utah’s conflict of law principles). Any dispute between you and us must be brought before state or federal courts located in Utah. If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply.
This is the entire Agreement between you and us relating to the Site or other Site Content and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer your rights or obligations under this Agreement to anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement.