Welcome to Marketamerica.com. Market America, Inc. and/or its affiliates ("Market America") provide Web site features to you subject to the following terms of service (the "Terms").
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
These Terms set forth the legally binding terms for your use of Marketamerica.com and its related sites (including, without limitation, thepowerprofiles.marketamerica.com, and blog.marketamerica.com), Market America's advertisement sites including without limitation all Market America Banner Advertisements ("Banner Ads") and all Market America Distributor Web Portals (collectively the "Site"). By browsing, using or accessing the Site, you signify that you have read, understand and agree to be bound by these Terms. Additionally, when you use any current or future Market America service or business (e.g., mablog, matv, matravel, news and music listings, audio, video, Your Profile, Customer Support) (the "Service(s)" and the "Business(es)") you also signify that you have read, understand and agree to be bound by these Terms as well as the guidelines, policies, terms and conditions applicable to such Service(s) and/or Business(es). You are only authorized to use the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and these Terms. If you do not agree to be bound by these Terms and to follow all applicable laws, you should leave the Site immediately.
1. AGREEMENT BETWEEN YOU AND MARKET AMERICA
These Terms apply to Marketamerica.com and its related sites (including, without limitation, thepowerprofiles.marketamerica.com, and blog.marketamerica.com), Market America's advertisement sites including without limitation all Market America Banner Advertisements ("Banner Ads") and all Market America Distributor Web Portals (collectively the "Site"). These Terms do not apply to the content of third party Web sites. In the event that any of the terms contained herein conflict with any other terms or any conditions, policies, guidelines or notices contained on, or applicable to, any particular portion of the Site, or any Service or Business, then these Terms shall control.
3. INTENDED AUDIENCE
This Site is a business and commercial site, and is not intended for use by persons under the age of 18. Market America does sell products for children, but it sells them to adults who can purchase them with a valid, permitted payment method. The material on this Site is published by Market America as a service to its Independent Distributors and their Preferred Customers who reside in the United States (including its territories) and Canada. This Site is not intended for access or use outside of these areas. Market America and its affiliates make no claims that the information contained on this Site is appropriate for all jurisdictions. If you access this Site from outside of the countries indicated, you do so at your own risk. You are responsible for compliance with the laws in your jurisdiction.
4. ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mail to Market America, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. PURCHASE TERMS
You are responsible for providing a valid credit card number at time of purchase. You represent and warrant that you are an authorized user of the credit card. You are responsible for payment of all applicable federal, state/province, local and city taxes and for payment of all shipping and handling charges. All applicable taxes and shipping and handling charges will be included on your order invoice.
6. THIRD PARTY BUSINESSES
Parties other than Market America sell products and services on the Site. For example, Genetic Denim offers clothing for sale through the Universal Shopping Cart. In addition, we provide links to the sites of affiliated companies, resources, advertisements, published articles, journals, news, and certain other third-party literature and businesses, and Market America may allow you, at your option, to add third-party links to the portal for your own personal use. Because Market America has no control over the content of linked-to sites or the quality of the goods or services offered by third parties through the Site or through linked-to sites, you acknowledge and agree that we are not responsible for examining or evaluating, and we do not warrant, endorse or guarantee the offerings of any third parties or the content on, or the availability of, their Web sites. You acknowledge and agree that Market America shall not be responsible or liable to you in any manner, directly or indirectly, for the actions, products or services of, or the content provided by, these or any other third parties or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on content provided by any third party and/or the quality of any goods or services offered by any third party through a linked-to Web site, through the Site, or otherwise.
7. MARKET AMERICA RETURN POLICY
MA stands behind the quality of its products. Except as indicated below, a customer making a purchase from a MA Customer Manager through the Site has 30 days after the sale to return products in unused condition and receive a full product refund, less shipping and handling, from the selling Customer Manager. If you pay for all or part of an order with a Gift Card, refunds for that order will be applied first to the Gift Card, up to the Gift Card amount used to pay for the order. Any remaining amount will be refunded to your credit card. PLEASE NOTE: Food items, toothpaste, custom products and gift cards cannot be returned for a refund for any reason (collectively the "MA Return Policy"). The MA Return Policy does not apply to items sold and/or shipped by Merchant Partners or Linked-To Merchants (as defined below).
8. MARKET AMERICA SHIPPING POLICY
There is a minimum shipping and Handling charge of $7.50 for all orders totaling less than $100.00. For all orders of $100 or more, there is a minimum Shipping and Handling charge equal to 7.5% of the total order. For purchases of gift cards totaling less than $100.00, there is a Shipping and Handling charge of $2.95, and for purchases of gift cards totaling $100 or more, there is no Shipping and Handling charge. These rates apply to standard ground shipping only (collectively the "MA Shipping Policy"). The MA Shipping Policy does not apply to Products sold and/or shipped by Merchant Partners or Linked-To Merchants (as defined below).
9. MERCHANT PARTNER AND LINKED-TO MERCHANT RETURN AND SHIPPING POLICIES
"Merchant Partners" are third parties that offer products and/or services on the Site. "Linked-To Merchants" are third parties that offer products and/or services from a third party Web site that is accessed through a link on the Site. "Merchant Partner Products" are products and services that are offered for sale by Merchant Partners on Market America's Universal Shopping Cart and that are shipped by or on behalf of a Merchant Partner. "Linked-To Merchant Products" are products and services that are offered for sale by a Linked-To Merchant through the Linked-To Merchant's third party Web site. Merchant Partner Products purchased through the Site are covered by each Merchant Partner's individual Return and Shipping Policies. Return and Shipping Policies for each Merchant Partner Product purchased by a customer through the Universal Shopping Cart will be available for review by the customer during the customer's shopping process. Linked-To Merchant Products purchased by a Market America customer are covered by each Linked-To Merchant's individual Return and Shipping Policies, which are available on each Linked-To Merchant's third party Web site.
10. OTHER LINKED-TO MERCHANTS POLICIES AND TERMS
In addition to the return and shipping policies mentioned above, all purchases from Linked-To Merchants are governed by the terms and policies posted on the Linked-To Merchant's third party Web site.
You agree that all information you provide to Market America or your Customer Manager will be true, accurate, and complete. You agree to maintain the confidentiality of any identification number, key or password ("Identifiers") that you are provided by Market America or your Customer Manager. You agree to accept full responsibility for all activities that occur under your account or any of your Identifiers. You agree to immediately notify Market America of any unauthorized use your account or any of your Identifiers or any other breach of security. You are fully responsible for all activities under your account and/or your Identifiers. Market America is not responsible for any misuse of your account by someone who uses your Identifiers.
All Site design, text, graphics, logos, button icons, images, photos, audio clips, video clips, digital downloads, data compilations and software are owned solely and exclusively by Market America or its content suppliers and protected by U.S. and international copyright or patent laws. The compilation of all content on the Site is the exclusive property of Market America and protected by U.S. and international copyright laws. All software used on this Site is the property of Market America or its software suppliers and protected by United States and international copyright or patent laws. The contents of the Site are Copyright © 2003-2010 Market America, Inc. ALL RIGHTS RESERVED. No Site material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any medium including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Market America.
Market America, the Market America logo, "Built on Product. Powered by People," all Market America product and service names and logos, UnFranchise®, and all other Market America graphics, page headers, button icons, logos, scripts and service names are service marks, trade names, trademarks and/or trade dress of Market America, Inc. in the United States and/or other countries (collectively "Market America’s Marks"). Market America's Marks may not be used in connection with any product or service that is not Market America's, in any manner that is likely, in the discretion of Market America, to cause confusion among customers, or to disparage or discredit Market America. All other trademarks not owned by Market America that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Market America.
14. LICENSE AND SITE ACCESS
Market America grants you a limited license to access and make personal use of the Site. This license does not include the right to download (other than page caching) or modify the Site or any portion thereof. This license does not include any resale or commercial use of the Site or its contents; any collection and/or use of any product /service listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant or any other third party or to the detriment of Market America; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Market America. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Market America without express written consent. You may not use any meta tags or any other "hidden text" utilizing Market America's name or trademarks without the express written consent of Market America. Any unauthorized use terminates the permission or license granted by Market America.
15. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, power profiles and other content; send communications; personalize their use of the portal by adding third-party links for their own personal viewing and use; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. Market America reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, unless we indicate otherwise, you grant Market America a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant Market America and its sublicensees the right to use the name and photos that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to, or violate any rights of, any person or entity. Market America has the right but not the obligation to monitor and edit or remove any activity or content. Market America takes no responsibility and assumes no liability for any content posted by you or any third party.
16. RISK OF LOSS
The risk of loss and title for all items purchased from Market America pass to you upon our delivery of the items to the shipper.
17. PRODUCT / SERVICE DESCRIPTIONS
Market America makes every attempt to provide you with accurate information. However, we do not warrant or guarantee that product and service descriptions or other contents of the Site are accurate, complete, reliable, current, or error-free. If a product offered by Market America is not as described, your sole remedy is to return it to Market America in unused condition for a refund, as set forth in MA's Refund Policy. If a product or service offered by a Merchant Partner or Linked-To Merchant is not as described, you have no remedy against Market America. Your sole remedy will be against the offending Merchant Partner or Linked-To Merchant.
Except where noted otherwise, the Price displayed for products on our Web site represents the full retail price of the product. Despite our best efforts, a small number of the items in our Universal Shopping Cart may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by Market America. Merchant Partners and Linked-To Merchants may follow different policies in the event of a mispriced item.
19. MODIFICATION OF SITE POLICIES AND THESE TERMS
Please review our other policies posted on this Site. These policies also govern your visit to the Site. Market America reserves the right to change our Site, policies and these Terms at any time, in our discretion. You are responsible for regularly reviewing our policies, these Terms and additional terms posted on particular portions of the Site. Your continued use of the Market America Site constitutes your agreement to all such terms, conditions, policies and notices.
20. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE MARKET AMERICA SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARKET AMERICA EXPRESSLY DISCLAIMS 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. MARKET AMERICA MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARKET AMERICA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
21. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER MARKET AMERICA NOR ITS INDEPENDENT DISTRIBUTORS, MERCHANT PARTNERS OR LINKED-TO MERCHANTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; (v) MISDIRECTED ORDERS OR LOST PROFITS, LOST REGISTRATIONS, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS OR OTHER DATA; OR (vi) ANY OTHER MATTER RELATING TO THE SITE EVEN IF MARKET AMERICA, ITS EMPLOYEES, INDEPENDENT DISTRIBUTORS, MERCHANT PARTNERS OR LINKED-TO MERCHANTS, ARE ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
22. COPYRIGHT COMPLAINTS
Market America respects the intellectual property of others. Following is our Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Market America's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Market America that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of the location on the Site of the material that you claim is infringing;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Market America's Agent for Notice of copyright or other intellectual property infringement can be reached as follows:
- By Mail:
- Ryan Luft c/o Market America, Inc.
1302 Pleasant Ridge Road
Greensboro, North Carolina 27409
- By Email:
23. CHOICE OF LAW AND VENUE
Any dispute that may arise between you and Market America, including, without limitation, claims for enforcement, breach or violation of duties or rights under these Terms shall be governed by and adjudicated under the laws of the State of North Carolina, without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Guilford County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the Site.
You agree to indemnify and hold Market America, its parents, subsidiaries, affiliates, officers and employees, and Independent Distributors harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of, conduct on or content provided to the Site.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and Market America as a result of these Terms or use of the Site.
- Market America reserves the right to disclose any personal information about you or your use of the Site, including its contents, without your prior permission, if Market America has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Market America or its affiliated companies; (3) enforce these Terms; or (4) act to protect the interests of its Independent Distributors, Employees, Principals or others.
- Market America's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Market America's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Market America with respect to such use.
- If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
- Unless otherwise specified herein, these Terms constitute the entire agreement between you and Market America with respect to the Site and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Market America with respect to the Site.
- A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- You agree not to resell any merchandise or services you purchase through the Site, unless you are a current Independent Distributor of Market America. Preferred Customers agree to not resell any merchandise or services purchased.
- Market America reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders at any time in its sole discretion.
- If you are a Market America Preferred Customer, you are automatically enrolled in the Cashback program, which allows you to get 2% cash back for your qualifying purchases, and, when you refer your friends, to also receive .5% cash back on the qualifying purchases your friends make. The cash you earn can be used as a payment option to pay for products available through the checkout on Market America’s websites. Additionally, you may request redemptions from your account, subject to then-current minimum redemption requirements (currently $10 USD).
- Preferred Customers will be credited, subject to these Terms and additional terms disclosed on the Participating Store’s site, a percentage of the Net Purchases of Market America-branded products or qualifying products sold by third-parties that display the Cashback logo (“Participating Stores”). “Net purchase” is defined as the total amount paid for the product, minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees. Market America reserves the right, in its sole discretion, to determine which products will display the Cashback logo.
- Participating Stores are responsible for reporting qualifying purchases (and related returns, refunds and/or coupon use) to us. Participating Stores may not report your purchase to Market America if they determine that your purchase did not qualify for cash back because you did not comply with these Terms or additional terms disclosed on the Participating Store’s site, or if the Participating Store determines that you were not referred to the Participating Store by Market America. We may also disqualify reported purchases based on our own determination that you have not complied with these Terms or the terms disclosed on the Participating Store’s site.
- Cash back rewards for qualifying Market America-branded products will post to your account immediately. Qualifying purchases from Participating Stores will stay in pending status until cleared by the Participating Store, to account for returns, refunds, fraud, and other processing issues. After this point, if the purchase is eligible, it will be marked as “available” in your account and the associated cash back rewards will be eligible for redemption. It is your responsibility to ensure that we properly post cash back rewards to your account.
- Market America is not responsible for changes to, or discontinuance or withdrawal of, any Participating Store’s participation in the Cashback program, or for any effect on accrual of cash back rewards caused by such changes, discontinuance, or withdrawal. If a Participating Store fails to report a transaction to Market America, or withholds payment to Market America for any reason, Market America reserves the right to cancel the cash back award associated with that transaction. Cash back rewards awarded to Preferred Customers are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to your account at any time by Market America in its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Cashback program.
- You will not earn cash back on purchases where (a) your browser is not configured to accept cookies; (b) you are not logged in as a Preferred Customer; (c) the order is later cancelled or the goods or services are later returned; (d) the Participating Store does not report the purchase to us; or (e) you conduct "sham" transactions or otherwise collude with merchants), make any misrepresentation in connection with your participation in Cashback, maintain multiple accounts, or do not otherwise comply with these Terms.
- Cash back rewards have no monetary value until the associated purchases are approved and you make a proper redemption request. You may be taxed on your accrual of cash back rewards, depending on the amount of cash back rewards you accrue and the tax laws of federal, state, and local jurisdictions. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of cash back rewards.
- We may close your account if it has been inactive for 12 months (i.e., no qualifying purchases during the prior 12-month period). Accrued but unredeemed cash back rewards in accounts that are closed will be returned to Market America.
- Market America reserves the right to terminate the Cashback program at any time with notice. Notification of termination will be sent to the email address you provide to Market America during the Preferred Customer registration process.