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dōTERRA Site User Agreement 1. Acceptance of Terms dōTERRA, a division of dōTERRA International LLC and/or dōTERRA Enterprises sarl, ("dōTERRA" or "we", "us", "our") provides access to the dōTERRA website, accessible at www.mydoterra.com (the "Site"), subject to your acceptance of this Agreement for users of the dōTERRA website (the "Agreement"). dōTERRA may update this Agreement from time to time without prior notification. We invite you to periodically review this agreement, to check for updates or changes. By accessing, browsing, creating frames, using and / or entering links to the Site, you become a User (as defined in the Section) and accept the terms of this Agreement. When a particular function of the site is used, it may also be subject to directives, regulations, terms of use, regulations for acceptable use, regulations on the protection of personal data or other contractual provisions, depending on what is indicated, that are published on the same. In the event of any conflict between any other agreement, rule, regulations or terms of service and this Agreement, the terms and conditions of this Agreement shall prevail. For questions about this User Agreement, contact dōTERRA by sending an e-mail to service@doterra.com. 2. Types of Users Any person who accesses, navigates or otherwise uses the Site, either manually or through a device or automated program, shall be considered a "User" under this Agreement. 3. Protection of Personal Data You declare that you have read and understand the terms of the Privacy Policy accessible here and included by reference in this Agreement as if it were fully explained in the present. 4. Use of the Website You are aware that dōTERRA cannot and does not guarantee that the files available on the site to be downloaded will not contain infections or viruses, bugs, Trojan horses, time bombs, cancelbots or other computer programming procedures that are intended to damage, negatively interfere with or intercept or fraudulently take possession of any system, data or personal information. You will be responsible for the implementation of sufficient procedures and control points to meet your particular requirements in terms of accuracy of data input and output and to maintain external support to the Site that allows the reconstruction of any lost data. 5. System Integrity You will not be allowed to use any device, software or procedure that interferes with the proper functioning of the Site. You can not take any action that imposes an unreasonable burden on the infrastructure used to support the proper functioning of the Site, including but not limited to unsolicited e-mails (eg "spam"). 6. Risk USE OF THE INTERNET IF YOU ASSUME COMPLETE LIABILITY AND RISK IN RELATION TO THE USE OF THE SITE AND THE INTERNET. RECOGNIZE AND DECLARE THAT ANY UPLOAD OR TRANSMISSION CARRIED OUT MAY BE INTERCEPTED AND USED BY NON-AUTHORIZED THIRD PARTIES AND THAT ALL RISKS ASSOCIATED WITH THE MEDESIMO ARE EXCLUSIVELY AT YOUR DISPOSAL. 7. NO WARRANTIES DŌTERRA DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR APPROVALS OF ANY NATURE (INCLUDING BUT NOT LIMITED TO, GUARANTEES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) IN RELATION TO THE SITE, CONTENT OF THE SITE, TO ANY PRODUCT OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET IN GENERAL, IF NOT SPECIFICALLY INDICATED ON THE SITE FOR A PARTICULAR PRODUCT OR SERVICE AND DŌTERRA WILL NOT BE LIABLE FOR ANY COST OR DAMAGE, DIRECTLY OR INDIRECTLY, FROM ANY TRANSACTION MADE THROUGH THE SITE - SOME STATES DO NOT ALLOW THE EXEMPTION OF IMPLIED WARRANTIES AND IN THIS CASE YOU WILL NOT APPLY AS EXCEEDED. DŌTERRA DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE CONFORM TO THE REQUIREMENTS OF THE USER OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR OR THAT THE DEFECTS OF THE SITE WILL BE CORRECTED. THE SITE AND ITS CONTENT WILL BE MADE AVAILABLE ON THE SITE IN THE STATE IN WHICH IT IS AND SECOND AVAILABILITY. 8. Interruptions Interruptions of the dōTERRA system periodically program system interruptions for maintenance or other purposes. Unplanned system outages may also occur. dōTERRA will have no responsibility whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, incorrect delivery, failure to provide information caused by such system outages or from third party actions or any other interruption of hosting services provider or from the internet infrastructure and from networks outside the Site. 9. Indemnity You agree to indemnify and harm dōTERRA and officers, officers, employees and agents of the parent company, affiliates and subsidiaries from any and all claims, claims, actions, costs, liabilities, losses and damages of any kind (including legal fees) incurred ') arising from (i) use, non-compliant use or abuse of the Site; (ii) the use or purchase of goods and services provided via the Site; or (iii) the violation of any provision of this Agreement. You will cooperate to the extent reasonably required in the defense of dōTERRA in any claim for compensation. dōTERRA reserves the right, at its own expense. 10. Intellectual Property The content of the Site, such as e.g. text, graphics, logos, sound clips, videos, photographs, software and other information (the "Content") is owned by dōTERRA and / or its affiliates or partners and is protected by federal and international copyright laws and on trademarks or other proprietary rights. These rights are protected in all forms, means of communication and technologies that exist at this time or will be developed later. You may print and download parts of material from different areas of the Site for personal non-commercial use only or for non-commercial use within your company or as otherwise permitted. No part of the Content may be reprinted, republished, modified or distributed in any form without the explicit written consent of dōTERRA. You can not, nor by the present Agreement you are granted permission, to reproduce, submit to reverse engineering, decompile, disassemble, modify, transmit, sell, distribute, license, create derivative works in relation to the Site. Some contents may be licensed to third parties and all of this third party content and all intellectual property rights related to the content belong to the respective third parties. You may not delete, alter or modify any copyright, trademark or other term of intellectual property or property or the legend contained on the Website or the Content. Any rights not expressly guaranteed by this Agreement or any license agreement. Nothing contained herein will be construed as conferring, by implication, foreclosure or any other license or right under any patent or trade mark of dōTERRA or third parties. Except as expressly provided above, nothing contained herein may be construed to confer a license or rights under any dōTERRA copyright. 11. Limitation of Liability IN NO EVENT SHALL DŌTERRA OR OTHER PARTIES INVOLVED IN THE CREATION, IN THE PRODUCTION OR IN THE DISTRIBUTION OF THE SITE WILL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSSES OF GOODS, GOODWILL, USE, DATA OR OTHER IMMATERIAL IMMOBILISATIONS (ALSO IN IF YOU HAVE NOTIFIED THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM (I) USE OR INABILITY TO USE THE SITE (II) THE COST FOR THE PURCHASE OF SUBSTITUTE GOODS OR SERVICES, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS SUBSCRIBED THROUGH THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) DECLARATIONS OR THIRD PARTY BEHAVIOR ON THE SITE; OR (V) ANY OTHER ASPECT RELATED TO THE SITE. IN THIS SITE DECLARE THAT THIS PARAGRAPH WILL APPLY TO THE TOTALITY CONTENT, PRODUCTS AND SERVICES RETURNS AVAILABLE THROUGH THE SITE. UNDER NO CIRCUMSTANCES THE TOTAL LIABILITY OF DŌTERRA WITHIN THE MEANING OF THESE TERMS WILL BE ABOVE THE LESSER BETWEEN THE AMOUNT OF ANY COMMISSION PAID TO DŌTERRA FOR THE USE OF THE SITE BY YOUR PART, WHERE THIS IS REQUIRED OR NECESSARY OR SO US DOLLARS. CONSIDERING THAT CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY WILL BE LIMITED TO THE MINIMUM AMOUNT ALLOWED BY LAW. THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT SHALL BE INTERPRETED IN FAVOR OF DŌTERRA, OUR PARENT COMPANY, AFFILIATES, SUBSIDIARIES AND ALL OUR RESPECTIVES, OFFICIALS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS. 12. The obligations of your account. In consideration of the use of the Website, you agree to: (i) provide truthful, accurate, up-to-date and complete information about yourself or your company, as required by the Site (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it truthful, accurate, current and complete. By providing untruthful, inaccurate, outdated or incomplete information or if there are reasonable grounds for suspecting that such information is untrue, inaccurate, outdated or incomplete, we may suspend or terminate your account and refuse authorization to use it of the Site and future access to the Site. You are responsible for the confidentiality of your password and your account number and you are fully responsible for all activities that occur using your account number and password. You are aware that your password can be used to give you an electronic record and an electronic signature. Therefore, you will not disclose your password or identifying information to your account to third parties. Under no circumstances will dōTERRA be responsible for fraudulent purchases made using your compromised password. You agree to promptly notify us of any unauthorized use of your password or any other security breach. You are aware that your password can be used to give you an electronic record and an electronic signature. Therefore, you will not disclose your password or identifying information to your account to third parties. Under no circumstances will dōTERRA be responsible for fraudulent purchases made using your compromised password. You agree to promptly notify us of any unauthorized use of your password or any other security breach. You are aware that your password can be used to give you an electronic record and an electronic signature. Therefore, you will not disclose your password or identifying information to your account to third parties. Under no circumstances will dōTERRA be responsible for fraudulent purchases made using your compromised password. You agree to promptly notify us of any unauthorized use of your password or any other security breach. 13. Product Prices In the event that a product is indicated at an incorrect price or with incorrect information due to a typographical error or errors in the price or in the product information, dōTERRA will retain the right to refuse or cancel any orders transmitted for the product offered at the incorrect price. dōTERRA will have the right to refuse or cancel such orders, regardless of the order confirmation and the debit to the User's credit card. If the credit card has already been charged and the order has been canceled, dōTERRA will immediately credit your credit card equal to the amount of the charge. 14. No approval of the Content and Links to other websites All links to other sites are provided simply as a convenience for Users of the Site. This Site may provide links or references to other sites but dōTERRA has not reviewed all of these other sites, has no responsibility for the content of such other sites and will not be liable for damages or injuries arising from such content. dōTERRA does not endorse or make any representations about such sites or any information or other products or materials found on it or any results that may derive from their use. If you decide to access these or other sites whose link is present on the Website, this will be at your own risk. 15. Links and Frame of the Website Except in the event that a User has a written agreement with dōTERRA that declares otherwise, a User may provide only a hypertext link to the Website on another website, if the User complies with all the conditions listed below: ( a) the link must be an exclusively textual link, clearly marked "dōTERRA" or the link must "direct" to the URL http://www.doterra.com "and not to other pages within the Site; (c) the link, if activated by a User, must display the Website on a full page; and not within a "frame" on the linking website; and (d) the graphic layout, position and other aspects of the link shall not be such as to damage or compromise the good name of dōTERRA of the trademarks or create a misleading image of dōTERRA such that we may consider that dōTERRA is associated with or sponsor of the website to which the link refers. By providing this consent, dōTERRA does not waive any property or right to any trademark, commercial law, patent or any other form of intellectual property associated with the Site. dōTERRA reserves the right to revoke its consent to any link in any moment, at its sole discretion. 16. Current Legislation This Agreement and access to the Site will be governed by and construed in accordance with the laws of the State of Utah, with provisions on conflicts of law and matters relating to copyright, trademarks and patents under of US federal laws. 17. Choice of competent court You hereby grant your irrevocable and unconditional assent to submit to the exclusive jurisdiction of Utah and Utah-based judicial authorities in any dispute arising from or relating to the use of the Site or purchases of services performed through the Site (and you agree not to enter into any dispute related to this, except in such courts). By virtue of the present, irrevocably and unconditionally renounced to any objection to the venue of this dispute in the courts of the state of Utah and accepted not to dispute or sue any state court in Utah that this dispute has been brought to a registered office not cheap. 18. International users dōTERRA makes no representation that the Content is adequate or may be downloaded outside the United States. In some countries or for some people, access to the Content may not be legal. By accessing the Site outside the United States, you do so at your own risk and are responsible for complying with the laws of your jurisdiction, except as provided in sections 16 and 17 above. 19. Feedback from users In the event that a User responds to dōTERRA with information, including feedback, such as questions, requests, opinions, comments, suggestions or similar items in relation to the content of any dōTERRA document, the Site or dōTERRA services, such information will be deemed non-confidential and dōTERRA will have no obligation with respect to such information and will be free to reproduce, use, disclose and distribute information to others without limitation. dōTERRA will be free to use the ideas, concepts, know-how or techniques contained in such information for any purpose, including but not limited to the development, production and marketing of products containing such information. 20. Acceptable and legal use of the Website Any information provided to dōTERRA in connection with the use of the Site: (a) will not be false, inaccurate or misleading; (b) will not be obscene or indecent; (c) will not contain viruses, Trojan horses, bugs, time bombs, cancelbots or other computer programming procedures designed to damage, interfere, intercept or fraudulently acquire any system, data or personal information; (d) will not infringe the copyrights of third parties, patents, trademarks, trade secrets or other proprietary rights or rights of publicity or confidentiality; (e) will not be defamatory, libelous, illegally threatening or persecutory and (f) will not give rise to any liability for dōTERRA or make us lose the service of our internet service providers or other providers. The sender of communications to the Website or otherwise to dōTERRA will be responsible for the content and information set forth herein, also in relation to their truthfulness and accuracy. This Site is provided as a service to its visitors. dōTERRA reserves the right to delete, modify or supplement the Website Content at any time and for any reason, without any communication being required. 21. Divisibility In the event that one or more parts of this Agreement for any reason is held to be invalid, enforceable or inapplicable in some respects, such validity, illegality or non-applicability shall not affect any other provisions of this Agreement. 22. Headers The headings used in this Agreement are for reference purposes only and should not be used as an aid in the interpretation of this Agreement. 23. No renunciation Any delay or inability on your part or by dōTERRA, at any time, to request the services of any provision contained in this document, can not in any way damage the subsequent right of you or dōTERRA to apply this provision. No delay or incapacity on the part of you or dōTERRA in exercising any rights arising from this will constitute a waiver of such right or other rights under this. 24. Indivisibility of the Agreement, Updates and Changes This Agreement and any document expressly incorporated by reference constitutes the entirety of the existing Agreement between dōTERRA and you in relation to the subject matter hereof. At its sole discretion, dōTERRA may unilaterally correct or modify this Agreement or any other document referred to herein, by publishing on the Site. Any amended or modified terms will come into force at the time of its publication on the Site. of the Site constitutes acceptance of any modified terms and conditions. For questions about this Agreement, you can contact us at service@doterra.com 25. Assignment You may not assign your rights or delegate your responsibilities in the present without the prior written consent of dōTERRA, except as provided for in the sale of your responsibility or all or a significant part of its assets. dōTERRA may at any time assign its rights or delegate the obligations arising from this without prior notice. 26. Rights of the Third Beneficiary No person who does not constitute a party to this Agreement may be a beneficiary of this Agreement and no person other than a party to this Agreement shall have any right to apply any term of this Agreement. 27. Resolution dōTERRA may immediately issue a warning, suspend or terminate access to the Site or following a violation of this Agreement (or any other agreement or regulation contained herein by reference) or in the event we are unable to verify or authenticate any information you have provided to us or for any other reason at our discretion. You can cancel your account by contacting us at 1-800-411-8151. 28. Regulation concerning the violation of copyright and designation of a copyright agent The dōTERRA regulations in relation to the violation of copyright and the agent appointed by dōTERRA for the receipt of claims for compensation following copyright infringement in accordance with the Digital Millennium Copyright Act (17 USC § 512) is designated below: DŌTERRA'S COPYRIGHT WARNING dōTERRA and its subsidiaries and affiliates ("dōTERRA") respect the intellectual property rights of third parties and request the same from those who visit our Site. dōTERRA may, in the appropriate circumstances and at its discretion, remove or disable access to materials on your Site that violate the copyright of others. dōTERRA may also, at its discretion, delete or disable links or references to an online location that contains infringing material or activity. If you believe that your work has been used on our Site in a manner that constitutes a violation of copyright, please report it in writing to dōTERRA's copyright agent.
The dōTERRA copyright agent for the notification of claims for damages following copyright infringement on this site is David Doxey, who can be contacted at the following addresses:
By mail: By email: By telephone: Copyright © 2017 dōTERRA Holdings LLC. All Rights Reserved. |