Update: June 22, 2020
The Site and Site Content
1. The Site is intended to be used by adults (over the age of 18) to learn more about Agellum, its products, and opportunities, as well as to purchase Agellum products as a customer. Reps may also use the Site to conduct their own business, manage their customers and sponsorships, monitor the volume of their business and use any data analytic tools that might be provided by Agellum.
2. THE PRODUCTS ON THE SITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. INFORMATION ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN PHYSICIAN OR OTHER MEDICAL PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION ON THE SITE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE OR PRESCRIBING ANY MEDICATION. YOU SHOULD READ CAREFULLY ALL PRODUCT PACKAGING. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT YOUR HEALTH CARE PROVIDER.
3. Information on the Site is subject to change without notice. In addition, Agellum may make changes to the products described on the Site and prices for such products at any time without notice. Information regarding Agellum’s products and services is applicable only in the United States, unless otherwise noted. Some products and services may not be available in certain areas. Agellum makes no representation that the Materials (defined below) included on the Site are appropriate or available for use in countries other than the United States. Those who do access the Site from other countries are solely responsible for compliance with local laws of that country.
4. In the event that Agellum may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board and the like on the Site, Agellum is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such transmissions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Agellum will fully cooperate with any law enforcement authorities or court order requesting or directing Agellum to disclose the identity of anyone posting any such information or materials.
Your Account and Personal Information
Rep and Customer Obligations
9. If you choose to enroll as a Rep or a Customer (or both), you are agreeing to the terms that Agellum only allows two accounts per address. A Rep or Customer (or both) are NOT allowed to have more than one account, this statement allows for two people that live at the same address to each become a Rep or a Customer (or both). A Rep can only have 1 position within the Team (Binary) Tree. If a wife and husband want to both enroll in the business they can, but neither of them can have an interest in the other’s business. The first account cannot be the sponsor of the second account, whether the second account is a Rep or a Customer. The second account cannot be sponsored by someone that uses the same address.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of product, data or software to and from the US or other countries);
- To obtain or attempt to obtain any Materials (defined below) or information through any means not intentionally made available or provided for through the Site;
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “spam”, or any other similar solicitation;
- To impersonate or attempt to impersonate Agellum, an Agellum employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- To access or attempt to access any other user’s account and/or use any other user’s Security Information;
- To engage in high-pressure selling;
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Agellum or users of the Site or expose them to liability; or
- If you are a Rep, to engage in any other conduct prohibited by the Rep Agreement and/or Rep Policies.
11. You further agree to not do any of the following:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Site;
- Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack or
- Otherwise attempt to interfere with the proper working of the Site.
12. Agellum or its payment processing partner may collect payment from you through the Site for your purchase of goods or services. You acknowledge and agree that:
- You will use only credit cards or other payment means which you are duly and fully authorized to you;
- You will only provide payment related information that is accurate and correct and will continue to be accurate and correct;
13. IN NO EVENT WILL AGELLUM OR OUR PAYMENT PROCESSING PARTNER BE RESPONSIBLE IF AGELLUM OR OUR PAYMENT PROCESSING PARTNER ARE UNABLE TO COMPLETE A TRANSACTION FOR ANY REASON
Cancelling, Returning or Exchanging Product
14. The following provisions of this Section (Cancelling, Returning or Exchanging Product) do not apply to any Agellum product purchased through any bulk sales program or any non-Agellum website.
15. Cancellation. Customers may cancel a transaction without any penalty or obligation within three (3) business days from the date of purchase on the sales receipt. Customers should receive a refund within ten (10) business days following receipt of a valid and timely cancellation notice. Customers who received the product prior to a valid and timely cancellation must return the cancelled product in substantially as good condition as when it was received. Such product may be returned, if applicable, by following Agellum’s instructions for return of the cancelled product. If the customer fails to return the cancelled product, then the customer remains liable for the Product.
16. Return or Exchange. If you are not completely satisfied with any Agellum product that you purchased you may request a refund or exchange within thirty (30) days from the date of purchase by returning the unused portion of the product back to Agellum. If you purchased a Nerium Plus Subscription, all of the items in the subscription must be returned to receive a refund. The refund or exchange amount is based upon the price paid at the time of sale, sales tax (if applicable) and shipping costs.* Product refunds are made in the same form of payment as the product purchase. Product exchanges will be for product(s) of equal or lesser value of the price paid at the time of sale.
*Refunded shipping costs are calculated as the lesser of 5% retail value of the items returned or $75, but no less than the current standard flat shipping rate.
17. Refund. To be entitled to a refund from Agellum, you must meet the following requirements: (A) The returned Products must be accompanied by a Returned Merchandise Authorization (RMA) number provided by the Agellum Corporate Backup Support Team and an inventory list of the product(s) returned; (B) the returned Products must appear on the individual’s order history; and (C) the returned products must have been purchased within thirty (30) days preceding the date of the return. All product returned to us will remain with us, even if your return or exchange does not meet the abovementioned requirements.
18. Credits. If you have a credit on your account, you must use the credit within six (6) months from the date on which the credit was issued.
Intellectual Property and Confidential Information
21. The Site may provide you with an opportunity to communicate with us. Please be aware that any communication, whether it be suggestions, ideas, graphics, or other material, to Agellum through the Site or otherwise will be treated as non-confidential and non-proprietary. Anything you submit, transmit, or post becomes the property of Agellum and Agellum is free to use any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.
22. You must not upload, post or otherwise make available on the Site, any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify Agellum and its officers, directors, members, employees, agents and independent contractors for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you.
Disclaimer of Warranty and Limitation of Liability
23. While Agellum uses reasonable efforts to include accurate and up to date information on the Site, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, CORRECTNESS, RELIABILITY OR OTHERWISE WITH RESPECT TO SUCH INFORMATION, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OMISSIONS OR ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL ERRORS AND TECHNICAL ERRORS) IN THE CONTENT OF THE SITE.
24. Use of and browsing on the Site is done at your own risk. AGELLUM DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. It is up to you to take precautions to ensure that whatever Materials you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
25. Without limiting the foregoing, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND AGELLUM HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
26. LIMITATION ON DAMAGES. AGELLUM, ITS AFFILIATES (INCLUDING ANY PARENT OR SUBSIDIARY COMPANIES), LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, AND ANY SUCCESSORS AND ASSIGNS, SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR ANY OTHER DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO, OR USE OF, OR BROWSING THE SITE, OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT THEREOF; (B) THE USE OR THE INABILITY TO USE THE SITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (F) ANY OTHER MATTER RELATING TO THE SITE. The foregoing limitation of liability shall apply to the maximum extent permitted by law.
27. LIMITATION OF TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
28. MONETARY CAP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AGELLUM, ITS AFFILIATES (INCLUDING ANY PARENT OR SUBSIDIARY COMPANIES), LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, AND ANY SUCCESSORS AND ASSIGNS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT AND SERVICES FOR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED $1,000. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR AGELLUM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
32. You agree to defend, indemnify, and hold harmless Agellum, its affiliates (including any parent or subsidiary companies), licensors, and service providers, and its and their respective officers, directors, members, employees, agents, independent contractors, and any successors and assigns from and against any and all claims, demands, actions, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including without limitation interest, penalties, reasonable attorneys’ fees and expert witness costs) arising out of or in any way relating to:
- Your use of the Site, including, but not limited to, any use of the Site’s content, or your use of any information obtained from the Site; and
- Any actions made with your account whether by you or someone else.
Suspension or Termination of Access
34. In its sole and absolute discretion, with or without notice to you, Agellum may suspend or terminate your access to or use of the Site, terminate your account or remove and discard anything transmitted by you, or information stored, sent, or received from you via the Site for any reason, including, but not limited to:
- Any unauthorized access to or use of the Site;
- Tampering with or alteration of any of the software or data files contained in, or accessed through, the Site;
- If Agellum determines in its sole discretion that you have used or are using the Site in or for any fraudulent or illegal purpose, including if you are engaged in suspicious activity or Agellum determines that your continued use of the Site would cause Agellum to violate any applicable law or would place Agellum at material risk of suffering any sanction, penalty or liability; or
- If your actions or omissions create an immediate threat or may cause material harm to any person or organization.
35. You may request to terminate your account for any reason by emailing Agellum at firstname.lastname@example.org. Agellum shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your access rights to the Site. Termination or suspension of your access rights to the Site shall not affect any right or relief to which Agellum may be entitled, at law or in equity.
37. If you have opted in to receive special offers from Agellum via email, text message, or otherwise, you can unsubscribe via the links provided in the email, text message, or otherwise at any time or by contacting us at email@example.com. By opting in to receive special offers from us, you also consent to receiving, from time to time, text messages or emails which may include alerts, promotions, offers, polls, and giveaways.