PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
Welcome to Pele’s Grace USA, Inc., and thank you for visiting the pelegrace.com website and affiliated websites. This Agreement sets forth the legal terms and conditions of your use of the Pele’s Grace USA, Inc. website and various related sites and services. Your use of this website is subject to your compliance with all the terms, conditions, and notices contained or referenced in this Agreement, as well as any other written agreement between us.
Acceptance of Terms.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THIS SITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THIS WEBSITE AND THE APPLICABLE PRODUCTS, SERVICES, CONTENT OR INFORMATION.
When using a particular feature of the website, you may also be subject to any posted guidelines, rules, terms of service, acceptable use policies, privacy policies, or other contractual provision as noted. Pele’s Grace may update this Agreement from time to time without prior notice to you. We encourage you to review this Agreement periodically for any updates or changes.
IF YOU ARE A PELE’S GRACE INDEPENDENT MEMBERS YOU ARE BOUND BY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN YOUR INDEPENDENT MEMBER AGREEMENT AND THE POLICIES AND PROCEDURES.
You represent and warrant that you are at least 18 years old and are of sufficient legal age to use the website and to enter into the binding legal obligations you may incur as a result of use of the website. You agree to be financially responsible for any liability you may incur as a result of using the website.
Access and Passwords.
As part of our registration process you may have selected a particular username and password that will entitle you to enter password protected areas of the website. By registering, you agree that all information provided in the registration process is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You agree that you are the only individual entitled to access the site using your username or password, and you agree not to permit others to access the site under your sign-up information. You may not assign or otherwise transfer your account to any other person or entity. If you lose your username or password our system can quickly generate you a new one. Just contact us at firstname.lastname@example.org.
Use of the Website.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. You understand that Pele’s Grace cannot and does not guarantee or warrant that files available for downloading from the website will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to intercept or expropriate any system, data or personal information, or to damage, detrimentally interfere with any system. You are responsible for implementing sufficient firewalls, virus protections and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data.
Independent Members and users agree that they are solely responsible for the content or information IMs and users publish, post or display on the website, or transmit to other IMs and users.
You agree to use the website in a manner consistent with any and all applicable laws and regulations that you will not post any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. You agree that you will not post on the website, or transmit to other Independent Members and users or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, comments, suggestions, photos, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please notify us of any material contained on the website that you believe infringes these rules by sending an email to email@example.com.
You will not engage in advertising to, or solicitation of, other IMs and users to buy or sell any products or services through the website. You will not transmit any chain letters, spam or junk email to other IMs and users.
You will not harvest or collect personal information about other Independent Members and users whether or not for commercial purposes, without their express consent. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the website or its contents. You will not “frame” or “mirror” any part of the website, without our prior written authorization. You also shall not use metatags or code or other devices containing any reference to Pele’s Grace or the website in order to direct any person to any other website for any purpose. You will not modify, adapt, sub-license, translate, sell, reverse engineer, decipher, de-compile or otherwise disassemble any portion of the website or any software used on or for the website or cause others to do so.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
Links to Other Websites.
Pele’s Grace expends great efforts to provide only high-quality web resources that are valuable and appropriate. However, because Pele’s Grace does not have control over the changing nature of content on sites that are listed in its links, Pele’s Grace lists third party sites for use at the user’s risk and explicitly disclaims any responsibility for the accuracy, content, or availability of information the resources may contain. Subsequently, Pele’s Grace does not warrant or guarantee that information from a listed site will not contain material that is inaccurate, or which some individuals may deem inappropriate or objectionable.
The contents of the website, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “Content”) is the property of Pele’s Grace and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the website solely for your personal non-commercial use or your non-commercial use or as otherwise permitted in writing. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Pele’s Grace, unless otherwise noted. Certain content may be licensed from third parties and all such third-party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the website or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Pele’s Grace.
Pele’s Grace and the other Pele’s Grace trademarks, trade names, all product and service names, company names, and logos appearing on this Pele’s Grace website, unless otherwise noted, are proprietary trademarks, tradenames and trade dress of Pele’s Grace. The use or misuse of any Marks or any other materials contained on the website, without the prior written permission of their owner, is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Pele’s Grace or any third party.
ANY UNAUTHORISED USE OF ANY MATERIALS CONTAINED ON THIS WEBSITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, THE LAWS OF PRIVACY AND PUBLICITY, AND COMMUNICATIONS REGULATIONS AND STATUTES.
Limitation of Liability.
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Pele’s Grace DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, Pele’s Grace DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS CURRENT, COMPLETE, OR ERROR-FREE. SOME STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PELE’S GRACE, IT’S SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALY) BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO THE WEBSITE, THE COMMUNITY OR CONTENT, THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF PELE’S GRACE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN PELE’S GRACE’S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Account and Password.
Online Purchases. If you are purchasing goods or services online for the first time, you will automatically receive an identification number (“Pele’s Grace ID”) and confirmation of your Username allowing you to login to our system “back office” or your account. You can update and edit your personal information at any time and are required to have your information updated and correct.
You are required to register with Pele’s Grace in order to access certain areas of this website. With respect to any such registration, Pele’s Grace has the right to grant or deny you the usage of a User Name or Email Address in accordance with its policies, such as for reasons that these belong to or are already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or for any other reason in its sole discretion.
You are solely responsible for all activities within your account under your password and Pele’s Grace ID. Your password should be treated with care and should not be disclosed to anyone. You cannot use your password or anyone else’s password for any unauthorized purpose. YOU SHALL INDEMNIFY PELE’S GRACE AND ITS STAFF FROM ALL CLAIMS AND LIABILITIES MADE BY A THIRD PARTY RESULTING FROM ALL ACTIVITIES INCURRED WITHIN YOUR ACCOUNT.
In consideration of your use of the website you agree to: (i) provide true, accurate, and current and complete information about yourself or your organization as prompted by the website (the “registration information”); and (ii) maintain and update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and decline to permit your continued use of the website and future access to the website.
You agree to indemnify, defend and hold Pele’s Grace and its affiliates, subsidiaries officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys’ fees) resulting from (i) your use, misuse or abuse of the website, (ii) your use or purchase of services or goods provided through the website, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Pele’s Grace defense of any claim. Pele’s Grace reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Pele’s Grace.
Purchases and Payments.
Pele’s Grace reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to prevent or prohibit any user or customer from making any or all purchases or payments; and/or (d) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through Pele’s Grace websites are subject to change without notice, and Pele’s Grace shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to the Pele’s Grace terms of sale, and/or refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through Pele’s Grace websites, 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.
For Independent Members, your user license includes a revocable right to access and use certain trade secret, confidential, and proprietary business information, which includes, without limitation, genealogy information, i.e., information compiled by Pele’s Grace that discloses or relates to all or part of the downline or upline within the IMs sales organization, including, without limitation, IM lists, and all IM contact and business performance information. You acknowledge that Pele’s Grace is the exclusive owner of all such confidential information and agree to maintain all confidential information in strictest confidence and to use it only as authorized by Pele’s Grace. You agree not to compile, organize, access, create lists of, or otherwise use confidential information except as authorized by Pele’s Grace under the Independent Member Policies and Procedures, as amended.
Linking and Framing Policy.
Unless you have a written agreement in effect with Pele’s Grace that states otherwise, you may only provide a hyperlink to the website on another website only if the link is a text-only link clearly marked “Pele’s Grace” or pelegrace.com and the link is directed to the URL pelegrace.com or the member’s retail sales order page or sign up page and not to other pages or websites. In addition, the link, when activated by a user, must display the website full-screen and not within a “frame” on the linking website. Further, the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with Pele’s Grace name and trademarks or create the false appearance that Pele’s Grace is associated with, approves of, nor is a sponsor of the linking website. Pele’s Grace reserves the right to revoke its consent to any link at any time in its sole discretion.
Acceptable and Lawful Use of the Website.
Any information provided to Pele’s Grace in connection with use of the website: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to intercept or expropriate any system, data or personal information, or to damage, detrimentally interfere with any system; (d) shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Pele’s Grace or cause us to lose the services of our Internet service providers or other suppliers.
You agree not to interfere or take action that results in interference with or disruption of the website or servers or networks connected to this website. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to this website.
Termination and Enforcement.
This Agreement is effective until terminated by Pele’s Grace. You agree that Pele’s Grace, at its sole discretion, may terminate your access to or use of this Pele’s Grace website, at any time and for any reason, including without limitation if Pele’s Grace believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Provided, however, if you are a Pele’s Grace IM, any disciplinary actions including actions based upon improper use of the website will be undertaken pursuant to disciplinary rules contained in the Pele’s Grace Independent Member agreement and/or Pele’s Grace Policies and Procedures. Upon any such termination, your right to use this Pele’s Grace website will immediately cease. You agree that any termination of your access to or use of this Pele’s Grace website may be effected without prior notice and that Pele’s Grace may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that Pele’s Grace shall not be liable to you or any third party for any termination of your access to this Pele’s Grace website or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Pele’s Grace reserves the right to takes steps that Pele’s Grace believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of this Pele’s Grace website and/or a third-party claim that your use of this Pele’s Grace website is unlawful or violates such third party’s rights).
Pele’s Grace strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior consent has been obtained from the email recipient or unless there is a preexisting business or personal relationship with the email recipient. Pele’s Grace also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Pele’s Grace, and/or its products and services. Pele’s Grace prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. If you or anyone you know is “spammed” by someone who is selling or describing Pele’s Grace’s products and services, please contact us promptly so that we make take appropriate action.
Governing Law, Jurisdiction and Venue.
This Agreement and access to the website shall be governed by and construed in accordance with the law of the state of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the state of California and of the United States of America located in Orange County for any litigation arising out of or relating to use of the website or purchases of services made through the website (and agree not to commence any litigation relating thereto except in such courts). You hereby irrevocably and unconditionally waive any objection to the laying of venue of any such litigation in the courts of the state of California and agree not to plead or claim in any court that such litigation brought therein has been brought in an inconvenient forum.
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unnforceability shall not affect any other provision contained in this Agreement.
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Pele’s Grace, except pursuant to the sale of your business, or all or substantially all of its assets. Pele’s Grace may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
Third Party Beneficiary Rights.
No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on our website and are effective immediately. The date of the newest version is posted below. Please check back frequently, especially before you use our website, to see if these Terms have changed. Continued use of the website after any changes to the Terms constitutes your consent to such changes.
If you have any concerns about the website or these Terms, please send an e-mail to customer service at firstname.lastname@example.org. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
DATE: August 2, 2019