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1. Introduction. Welcome to FreelifeGocji.com by Zach Thomson, Youngevity Independent Distributor.
1.1. Separate Privacy Policy. By using the Website, you represent and warrant that you have read and understood, and agree to be bound by, this Agreement and YGYI LLC's Privacy Policy (the "Privacy Policy"), which is incorporated into this Agreement by reference. The Privacy Policy is available at https://youngevityusa.com/privacy-policy.
1.2. No Permission Without Agreement. If you do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy, you may not access or use the Website, and you must immediately cease accessing or using the Website.
1.3. Arbitration and Remedies. These terms contain a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 24 (Dispute Resolution) for full details.
2. Privacy Policy. By using the Website, you consent to the collection and use of certain information about you, as specified in the Privacy Policy discussed in Section 1.3 (Separate Privacy Policy).
3. Changes to Agreement and Privacy Policy. Internet technology and the applicable laws, rules, and regulations change frequently. It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find either this Agreement or the Privacy Policy unacceptable, you must immediately cease accessing the Website.
4. Eligibility.
4.1. By accessing and/or using the Website, including by doing so after accessing this Agreement, you represent and warrant that you are either at least 18 years old.
4.2. Corporate Use. If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
5. Technology Platform. Without limitation, you agree that the Website is merely a technology platform, and that you use the Website at your own risk and pursuant to Section 9 (Assumption of Risk; Release).
6. No Reliance on Third Party Content. Opinions, advice, statements, or other information made available through the Website by third parties are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content.
7. Assumption of Risk; Release. You knowingly and freely assume all risk when using the Website. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Website.
8. User Account, Accuracy, and Security.
10.1. User Account. To use the Website, you must register and create a user account ("Account"). During the Account creation process, you will be asked to provide information that personally identifies you, including your Distributor ID ("Personal Information").
10.2. Profile Viewable By Members. All users of the Website have Profiles, which include some of the Personal Information provided during Account registration. In some circumstances, such as a forum for Distributors, these Profiles may be accessible by other Distributors who have registered with the Website, created Accounts, and connected with each other. However, YGYI cannot guarantee that the Personal Information in your Profile will remain private to registered users of the Website.
10.3. Account Information Accuracy. You represent and warrant that all user information you provide in connection with your Account and your use of the Website is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal Profile. You agree that you will not submit any fake content (including without limitation any Account, username, likeness, or Profile) to willfully and credibly impersonate another person, whether actual or fictitious. As a non-exhaustive example, you agree that you will not upload a Profile image that is not your likeness, or provide inaccurate information about certifications.
10.4. No Pseudonyms. You must use your real name; pseudonyms are not allowed. Any use of a pseudonym violates Section 10.3 (Account Information Accuracy) and is cause for suspension or deletion of your Account.
10.5. Account Security. You will also be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Website.
11. Interactions with Other Users. Certain parts of the Website may facilitate communication between users, such as a blog, forum, reviews, or comments section. You are solely responsible for your interactions with other Distributors and users.
12. Consent to Receive Electronic Communications from Company. By registering for the Website and providing your name, email, postal or residential address, and/or phone number through the Website, you expressly consent to receive electronic and other communications. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
13. Fees.
13.1. Credit Card Information. If you wish to purchase any product or service made available through the Services (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, the 3-digit security code for your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
13.2. Reservation of Rights. Company reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); (iv) refuse to provide any user with any product or service; (v) change the fees and charges in effect, or to add new fees and charges, by posting such changes or providing notice to you.
13.3. Payment. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
13.4. Refunds or Exchanges. Distributors, Preferred, and Retail Customers of Company that need to return product for any reason, will be required to follow the procedures as outlined in Section M of Company's Policies and Procedures. Anyone failing to follow the procedures as described will not be entitled to a refund from Company.
14. Subscriptions. From time to time, Company may make certain products and services available through the Service on a subscription-payment basis (each a "Subscription"). The terms of this Section 14 apply to any Subscriptions purchased by you.
14.1. Automatic Billing. If your Subscription plan provides for Automatic Billing, you understand and agree that Company will bill your Subscription fees automatically to the payment method (e.g., credit card) you designate when signing up.
14.2. Automatic Renewal. Unless you cancel your Subscription, your Subscription will renew automatically at the end of its term. For example, if your Subscription requires payment on the 1st day of every month, your credit card will continue to be charged every month according to your Subscription plan until you cancel your Subscription pursuant to Section 14.3 below.
14.3. Cancellation.
14.3.1. How to Cancel. To cancel your Subscription, you must either (1) log into the Website with your Account and modify or cancel the Subscription, or (2) email Company at cancel@youngevity.com.
14.3.2. Effect of Cancellation. Once your cancellation is confirmed by Company, your Subscription will be terminated. If your pre-cancellation billing period was paid up, then Company will not bill you further, but Company will not refund you for any remainder of that term.
15. Third Party Websites. The Website may be linked with the websites of third parties ("Third Party Websites"), some of whom may have established relationships with YGYI.
16. User Content.
16.1. User Content Defined. "User Content" is any content, material, or information, not including personally identifiable information (e.g., first and last name, address, phone number, email address, etc.), that you submit, upload, and/or post to, or transmit, display, perform, or distribute through the Website, whether in connection with your use of the Website or otherwise. This includes, without limitation, personal photos and videos.
16.2. License of User Content. By submitting, uploading, or posting User Content in any form with, through, or to the Website, you grant the Company Parties a royalty-free, perpetual, non-exclusive, unrestricted, fully paid-up, worldwide, sublicensable, revocable (as set forth in Section 6 (License) of this Agreement), assignable license to copy or otherwise reproduce, modify, adapt, translate, distribute, enhance, transmit, publicly display or perform, reformat, and/or otherwise use User Content in connection with the operation of the Website, or any other similar or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You further agree that the Company Parties may publish or otherwise disclose your personal information in connection with their exercise of the license granted under this section. You agree to waive, and waive, any claims arising from or relating to the exercise by the Company Parties of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section.
16.3. Your Representations About User Content. You represent and warrant that you: (a) own all rights, title, and interest in and to all User Content you submit, or are otherwise authorized to grant the rights provided the Company Parties under this section; or (b) have written consent, release, and/or permission of every identifiable individual person in any User Content you submit to use the name and likeness of every identifiable person in the User Content.
17. Headings. The headings in this Agreement are for convenience only, and shall have no legal or contractual effect.
