TERMS AND CONDITIONS
Use of Material
All materials included on the USANA Web Site are protected by copyright, trademark and other laws and are the property of USANA Health Sciences, Inc., unless otherwise noted. Unauthorized use of such materials may violate copyright, trademark and other laws. You may download and print portions of the materials for non-commercial and informational use. Copies that you make of the material must bear any copyright, trademark or other proprietary notices located on the USANA Web Site, which pertain to the material being copied. Any other sale, modification, reproduction, re-distribution, publication or re-transmission of any information from the USANA Web Site, in whole or in part without the prior written permission of USANA Health Sciences, Inc. is prohibited.
The information and services published on the USANA Web Site may contain typographical errors or technical inaccuracies. Information may be changed or updated without notice. USANA may also make improvements in and/or changes to the information described in the USANA Web Site at any time without notice. USANA is not responsible for any errors or omissions in the USANA Web Site or any web site which may be referenced within or linked to the USANA Web Site.
INFORMATION ON THE USANA WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OR TITLE. USANA MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE USANA WEB SITE. ANY RELIANCE ON OR USE OF SUCH MATERIAL SHALL BE AT YOUR SOLE RISK. USANA MAKES NO REPRESENTATION OR WARRANTY THAT THE USANA WEB SITE WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE USANA WEB SITE OR THE SERVERS HOSTING SUCH WEB SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
USANA ASSUMES NO LIABILITY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND, LOST PROFITS, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE USE OF OR INABILITY TO USE THE USANA WEB SITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE USANA WEB SITE, EVEN IF USANA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The materials in the USANA Web Site are presented solely for the purpose of promoting the USANA opportunity and the USANA products available in your country of residence. THE PRODUCTS PROMOTED ON THE USANA WEB SITE ARE NOT FOR SALE OUTSIDE OF YOUR COUNTRY OF RESIDENCE. USANA makes no representation that materials contained in the USANA Web Site are in compliance with the laws of jurisdictions outside of your country of residence. Individuals who choose to access the USANA Web Site from countries outside of their country of residence do so on their own initiative and for information purposes only. The terms and conditions herein shall be governed by the laws of your country of residence, without regard to that country’s conflicts of laws principles. You hereby submit to the jurisdiction of the courts of your country of residence for the purposes of litigating any lawsuit arising out of or in connection with these terms and conditions.
If you are a consumer purchasing products or services online from USANA for personal, family, or household purposes, you may have additional rights pursuant to applicable laws and regulations of your country of residence pertaining to digital signatures and completion and authentication of electronic contracts. Please read the following disclosure carefully. It describes your rights to elect to contract electronically with us.
By ordering products online from USANA, (1) you agree and consent to (i) contract electronically with us for the products or services you have requested in accordance with this Agreement and (2) you understand that you are entering into a legal agreement and you intend to be legally bound by this Agreement. In order to access, download, and print this Agreement, you need Adobe Acrobat Reader 9.0 or higher. Changes to these hardware and software requirements will be posted here. You may also request to receive a copy of this Agreement in writing from USANA free of charge within thirty (30) days after you have entered into this Agreement with USANA.
If you do not consent to the above, please cancel your request, and by so doing you will not be able to complete your online transaction.
PRODUCT RETURN POLICY
USANA warrants the quality of its products and shall exchange any defective product. Anyone returning a damaged or defective product must complete the Associate Product Exchange or Return. Product exchanges made for the purpose of favorable gain through maximizing commissions or manipulating the Binary Compensation Plan (as evidenced through patterns observed outside of the average Associate pattern of exchanges) will not be honored and are considered a material breach of the Associate Agreement.
THIRTY (30) DAY RETURN POLICY
USANA obligates its Associates to honor the Company’s 100 percent, unconditional, 30-day, money-back guarantee to all retail customers. If for any reason a retail customer is dissatisfied with any USANA product, he/she may return the product to the Associate from whom the product was purchased within thirty (30) days from the date of purchase for a replacement, exchange, or full refund of the purchase price. If the retail customer requests a refund, the Associate who sold the product to the retail customer must immediately refund the retail customer’s purchase price. (Retail customers must return merchandise to the Associate who sold it to them; USANA will not accept returned merchandise directly from retail customers.) The Associate, in turn, should complete a Dissatisfied Consumer Product Return and forward the form along with the original sales receipt and returned merchandise to USANA. USANA will then replace the returned merchandise with like product and ship it to the Associate. All retail customers must be provided with two copies of an official USANA Retail Sales Receipt at the time of the sale. The back of the receipt provides the customer with written notice of his/her rights to cancel the sales agreement.
USANA offers Preferred Customers, and retail customers who order directly from an official USANA Web site, a 100 percent, 30-day, money back guarantee on their initial product order. If for any reason a Preferred Customer is dissatisfied with any USANA product, he/she may return that product to the Company within thirty (30) days for replacement, exchange, or full refund of the purchase price. If a Preferred Customer returns merchandise equal to or exceeding $100.00 US, this will be deemed a Voluntary Cancellation. For all other returns, the Company shall repurchase the inventory pursuant to the terms of section 7.3. Moreover, the Company will adjust the appropriate Associates’ sales volume pursuant to section 6.2.
USANA recognizes the importance of protecting the privacy of information we may collect from you. To this end, we are committed to using our best efforts to respect your privacy. Here is how we handle information we learn about you from your visit to the USANA Web site.
The Ways We Use Information
We receive and store information you enter on the USANA Web site or give us in any way. We use such information, including your name and e-mail address, for several purposes:
To process, fulfill and notify you of your product order status; and
To send you the latest information about our company, events and product specials.
From time to time we collect personal information from distributors. Where permitted by the provisions of applicable laws, USANA may use and disclose such personal information about distributors for the following purposes:
Processing your Distributor Application;
Processing, fulfilling and notifying you of your product order status;
Developing Downline Genealogy Reports or other related business reports;
Providing Distributor services such as planning and facilitating Distributor meetings and training;
Administering Distributor benefits;
Developing and implementing policies, marketing plans, and strategies;
Publishing personal information in USANA newsletters, promotional materials and company and intra-group communications;
Providing references; and
Complying with applicable laws and regulatory requirements and assisting with any governmental or police investigation; and
Other purposes directly relating to any of the above.
We use your financial information, such as account or credit card number, ONLY for billing purposes
To keep track of your shopping cart status;
To allow you to use all password-protected services in a single session without having to re-enter your password; and
To track your site of origin for the follow-me feature.
We ask you to voluntarily provide demographic information, such as postal code, age or income level. All responses are kept confidential and used for internal marketing and statistical purposes only.
We do not solicit personal information from or market to persons under the age of 18.
We have security measures in place to protect against the loss, misuse and alteration of the information you provide. When you place an order or give us personal information, such as name, address, credit card or social security number, you are automatically on our secure server. Our secure server software encrypts the information you input before it is sent to us to protect your data against unauthorized access.
Links to Other Web sites
As a resource to our visitors we provide links to other Web sites, which we believe are useful and meet our high standards. However, USANA is not responsible for the contents of such linked Web sites. In particular, USANA is not responsible for the privacy notices or practices provided in such linked Web sites.
We are not in the business of selling your personal information to third parties. Where permitted by the provisions of applicable law, USANA may share such information from time to time with the following third parties:
Those employees, directors and managers of USANA and its local and foreign associated/affiliated companies who have a need to access your personal information in carrying out their responsibilities;
Any agent, contractor, supplier, vendor, or third party who provides administrative, advertising, printing, or other services to USANA or its affiliated companies, including but not limited to distribution centers, external auditors, medical practitioners, trustees, insurance companies, actuaries;
Sponsors and Upline business leaders who may need access to downline distributor personal information in order to monitor sales activity and business development in their personal sales groups. However, USANA does not share credit card information or Social Security or Social Insurance Numbers with any third party without your permission or unless required by law or valid court order
Any government agency or other appropriate governmental, police, or regulatory authority in the United States or elsewhere in order to meet legal security and regulatory requirements; and
In the case of information submitted by distributors, any consultant/agent appointed by USANA or its affiliated companies to plan, provide and/or administer distributor benefits.
The consent you have provided herein to the use of your personal information by USANA or its affiliates, shall also extend to any person or corporation to which USANA may transfer its business, provided that such personal information is used for the same purposes.
We provide you the opportunity to discontinue receiving future e-mail communications from us at the point where we request information from you. This gives you the option to remove your e-mail address from our database so that you do not receive any future mailings and no longer receive our service.
You can exercise this option at any time by sending us an e-mail or written letter to our Distributor or Customer Service department. If you do discontinue service, you will not be able to use password-protected areas of our site.
Access to Personal Information
You have the right to request and obtain from USANA the personal information USANA has on file about you and request a correction of any data that is inaccurate. You may also request USANA to inform you of the type of personal information maintained by USANA. Requests for access to and correction of personal data or information about USANA’s policies and procedures regarding personal data should be addressed in writing to USANA Distributor/Customer Service.
Questions or comments about USANA should be e-mailed or mailed by post to USANA Distributor/Customer Service.
UNSOLICITED COMMERCIAL ELECTRONIC COMMUNICATIONS (SPAM)
USANA does not send “spam” (unsolicited commercial electronic communications in the form of e-mail, text, SMS/instant message) to our Distributors or customers, and we prohibit our Distributors from using spam to market and sell our products or recruit other Distributors. As such, we require our Distributors to comply with the following rules when using electronic communications to market and promote the USANA opportunity and our products:
You may send commercial electronic communications ONLY to (a) recipients with whom you have an existing business, family, or personal relationship; or (b) business referrals, but only if you have a business, family or personal relationship with the person making the referral and the person making the referral has a business, family or personal relationship with the person being referred to you.
Any commercial electronic communication you send must include: (a) a clear and accurate subject header, (b) accurate sender contact details (name, mailing address, phone number and e-mail address), (c) in the case of a referral, the name of the person who provided you with the referral, and (d) a functional “opt-out” or unsubscribe feature.
ELECTRONIC SIGNATURE / CONSENT TO CONTRACT ELECTRONICALLY
USANA Health Sciences, Inc. (“USANA”) requires your consent to enter into an electronic agreement with USANA before you complete your online enrollment.
Please note if you complete the online Associate/Distributor Application and Agreement, you DO NOT need to complete and submit a paper application to become a USANA Independent Associate. The entire agreement between you and USANA, with respect to your application to become an independent USANA Distributor, will be evidenced by an electronic record of the application process. This electronic record serves as your acknowledgment that you consent to use an electronic record of your agreement with USANA instead of a paper contract and that you have read and agree to be bound by the Terms and Conditions of the Associate/Distributor Application and Agreement, USANA’s Policies and Procedures, and the USANA Compensation Plan, which documents form the basis of your entire Associate/Distributor Agreement with USANA.
To access the documents that make up the entire Associate Agreement and submit your online Associate Application and Agreement, you will need the following hardware and software: a personal computer ("PC") with modem or other Internet access device, operational Internet browser software ( e.g., Safari or Internet Explorer), and Adobe Acrobat Reader. If you do not have Adobe Acrobat Reader, you may download it for free at: http://www.adobe.com/products/acrobat/readstep2.html
Should there ever be a change in the equipment or software necessary to access the terms of the Associate/Distributor Agreement, USANA will advise you of the same and will provide you with a list of the equipment and software necessary.
You may withdraw your consent to the use of electronic records at any time. However, if you do so, your Associate/Distributor Agreement will be automatically terminated and you will lose all rights to any downline organization (including but not limited to any property rights you may have), and you will lose all rights to all remuneration under the USANA Compensation Plan . Should you wish to withdraw your consent to the exclusive use of an electronic agreement (and thereby terminate your Associate Agreement with USANA) you may do so at any time and for any reason by providing written notice to USANA indicating your intent to discontinue your Distributorship. The written notice must include your signature, printed name, address, and USANA identification number.
During the online enrollment process, you must read all the documents that form the Associate Agreement (which includes the Terms and Conditions of the Associate/Distributor Application and Agreement, USANA’s Policies & Procedures and the USANA Compensation Plan) in their entirety. USANA encourages you to print and retain these documents for future reference. Should you wish to obtain a printed copy of the Terms and Conditions of the Associate/Distributor Application and Agreement, the Policies & Procedures, and/or the Compensation Plan, you may download and print a PDF version of the same from USANA's website. Or, you may send a written request for those documents to USANA Customer Service, 3838 W. Parkway Blvd., Salt Lake City, UT 84120 or e-mail customerservice@USANA.com. Your request must include your name, your USANA identification number, your mailing address, and your e-mail address. Upon receipt of such a request, USANA will mail you the then current version of each document. There is no charge for this service.
ADDITIONAL OPT-IN LANGUAGE FOR ONLINE ENROLLMENT AND SHOP TERMS & CONDITIONS
By completing the online enrollment process, you (i) agree and consent to contract electronically with USANA to become an independent USANA Distributor, and (ii) acknowledge that you are entering into a legal agreement and you intend to be legally bound by this electronic agreement. You may decline to complete the online enrollment process in which case the process of electronically completing your Associate/Distributor Application and Agreement and executing the same will be terminated.