1 WEBSITE and CREDIT CARD TERMS AND CONDITIONS PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER dōterra WEB SITE(S) OR PURCHASING ANY PRODUCT OR SERVICES FROM dōterra. This Agreement (the Agreement ) is made between dōterra International, a Utah limited liability company (the Company, we or us ) and you. This Agreement sets forth the legal terms and conditions for your use of this web site and any other dōterra web site(s) and for your purchase and/or use of any dōterra goods, services or in connection with the dōterra business opportunity (collectively referred to hereinafter as, Site Content ). This Agreement also provides information on how to become a dōterra IPC. 1 Your use of dōterra s web site(s), including all web pages (collectively, the Site ) and all information, data, text, software, information, images, sounds or other materials (collectively, the Content ) contained therein, or your use or purchase of any other Site Content confirms your acceptance of this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you are dissatisfied with the Site or other Site Content, your sole and exclusive remedy is to stop using the Site or other Site Content, except as otherwise expressly stated in section Six of this Agreement (dōterra Customer Guarantee). 1. MODIFICATIONS We reserve the right at any time to: Change the terms and conditions of this Agreement; Enhance, add to, modify or discontinue the Site or other Site Content, or any portion of the Site or other Site Content, at any time at our sole discretion. Any changes to this Agreement will be effective immediately upon notice, which may be provided to you via or by display on the Site (hereinafter, Notice ). Your use of the Site or other Site Content after such Notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with its most current version. The Site or other Site Content, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the Site or other Site Content will be subject to this Agreement. 2. ACCESS You must obtain access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We have no liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software. 3. ELIGIBILITY You represent and warrant that you are at least 18 years old. dōterra products and the dōterra business opportunity cannot be offered, shipped into or sold in any country outside of those countries that are previously authorized by dōterra. dōterra is expanding its sales into other markets, accordingly please check for updates periodically. 4. dōterra INDEPENDENT PRODUCT CONSULTANTS dōterra products and services are sold through dōterra s network of Independent Product Consultants (hereinafter IPC or IPCs ). To purchase dōterra goods or services, you do not have to become an IPC you may become a Preferred Customer. If, however, you are interested in becoming a dōterra Independent Product Consultant, please call dōterra at or us at 1 For those orders processed in Japanese Yen, under this agreement, the payment processing services for goods and/or services purchased on this website are provided by dōterra Europe, Ltd. on behalf of dōterra International, LLC or by its subsidiary companies including dōterra CPTG Essential Oils Japan, G.K., depending on the type of payment method used for the purchase of the goods and/or services. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an agreement between you and dōterra Europe, Ltd... For any other type of purchases, these terms are an agreement between you and dōterra International, LLC, or by its subsidiaries, and goods and/or services will be delivered by dōterra International, LLC. Contact dōterra Europe, Ltd. at 26 Roman Way Ind Est; Godmanchester, Huntingdon, Cambs; PE29 2LN United Kingdom;
3 engaging in any of the foregoing activities by using the service of another provider, r er service or otherwise. 10. OUR PROPRIETARY RIGHTS The Site and other Site Content and software used with the Site and other Site Content contain information that is protected by copyrights, trademarks, trade secret laws, service marks, patents and/or other proprietary rights and laws (collectively, Intellectual Property Laws ). The Content contained within the Site or other Site Content is protected by Intellectual Property Laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or other Site Content, in whole or in part, unless authorized by us, in writing, to do so. 11. OWNERSHIP AND RESTRICTIONS ON USE dōterra International owns and operates the Site and/or other Site Content in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site or other Site Content in any way without our prior written permission. You may not modify any materials contained within the Site or other Site Content nor use any materials for any other purpose. You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site or other Site Content. We grant you a limited, non-exclusive, non-transferable, non-assignable license to use the Content on the Site solely for the purpose of viewing the Site or other Site Content in the course of using the Internet. Subject to the foregoing license, you may not make a temporary or permanent copy of the Site or other Site Content for any purpose whatsoever, except as permitted in the doterra Policy Manual. We do not transfer the title to any Content to you. We retain all right, title and interest in all Content. You may not sell, resell, decompile, reverse engineer, disassemble or otherwise translate any of the software portions of the Site or other Site Content, except as provided for in the dōterra Policy Manual. You may not transfer any portion of the Site or other Site Content to any third party. dōterra, our logo, and the name of the products produced, marketed, sold or distributed by the Company, are trademarks and/or service marks of dōterra Holdings, LLC. All other trademarks, service marks, and logos used on the Site or other Site Content are the trademarks, service marks or logos of their respective owners. 12. IDEA SUBMISSIONS If you submit any ideas, suggestions or testimonials to us, we have the right to use your submission without charge in any manner that we deem appropriate, including posting them on the Internet. You may only post ideas and material to this Site if you have obtained appropriate copyright and other permission to post such materials and to permit us to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights. 13. TESTIMONIALS The people giving product or business opportunity testimonials on our Site or other Site Content reflect the actual experience of each individual, are anecdotal only, and may be atypical. 14. LINKS We may provide links to third party web sites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such links. Since we do not have any control over third party web sites or resources, we cannot be held responsible or liable for any Content, or for your reliance on any Content, found on such third party web sites or resources. 15. ERRORS Although we attempt to maintain the integrity of the Site and other Site Content, we make no guarantee as to the accuracy or completeness of the Site or other Site Content. If you believe that you have discovered an error in the Site or other Site Content, please contact us at (801) or us at or and include, if possible, a description of the error, its URL location and your contact information. We will make reasonable efforts to address your concerns. 16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY By using the Site or other Site Content, you expressly agree that: The Site and other Site Content are provided on an as is and as available basis. We disclaim 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, except as expressly noted in the section of this Agreement entitled dōterra Customer Guarantee. We do not make any warranty that (i) the Site or Site Content will meet your requirements; (ii) the Site or other Site Content will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Site or other Site Content will be accurate or reliable; or (iv) any errors in the Site or other Site Content will be corrected. Your use of the Site or other Site Content is at your sole risk. Advice, statements or opinions should not be relied upon when
4 making important personal, medical, legal or financial decisions. You should consult a professional to obtain specific advice appropriate to your circumstances. You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by any material that you download or obtain through the Site or other Site Content. We may not be held liable for any damages or harm attributable to viruses or other destructive materials. We make no representations or warranties regarding IPC web sites, including warranties of merchantability or fitness of purpose. You should not rely on any representations or warranties contained on any IPC web sites. The Company must approve any additional warranties in writing. You agree not to hold us, our officers, directors, employees, agents, designees, representatives, IPCs, or our suppliers liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if we have been advised that such losses may occur, which result from: your inability to access your registration data at any time; your participation as a dōterra Independent Product Consultant; your use or inability to use the Site or your purchase or use of other Site Content; unauthorized access to or alteration of your transmissions or data; or the acts of any third party related to the Site or other Site Content. You hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if we have been advised of the possibility of such damages. Depending on the applicable jurisdiction, some of the limitations contained in this Section may not apply to you. 17. PROTECTING YOUR INFORMATION dōterra uses a secure server. The secure server software (SSL) encrypts ALL of the information you provide to us, including your name, address and credit card number, before it is sent to us so that it cannot be read as it travels to us over the internet. Once we receive it, all of the customer information we collect is protected against unauthorized access. We do this by following these following steps: Firewall dōterra systems are protected 24 hours a day by a powerful firewall that blocks unauthorized entry. In order to gain access to authorized information, the Web browser you are using must know the proper protocol, or language. Encryption While our entire web site is not encrypted, the transmittal of confidential data is encrypted. Confidential data is encrypted from the moment information leaves your computer to the time it enters our systems. We employ industry standard forms of encryption commercially available for use on the Web today. During any transfer of confidential data, our 128-bit encryption turns your information into a coded sequence with billions of possible variations, making it nearly impossible for unwanted intruders to decipher. Password protected- Your dōterra account is password protected. Timed log-off dōterra s system will automatically log you off from our site after 30 minutes of inactivity. This reduces the risk of others accessing your information from your unattended computer. Employee access We limit employee access to customer information to those who have a business reason to know this information. Although we intend to take all reasonable steps to prevent the introduction of viruses and other destructive materials or hackers, we cannot and do not guarantee or warrant that this website, or materials that may be downloaded from this website, do not contain such destructive features. We are not liable for any damages or harm attributable to any of the foregoing. dōterra may share any of your information with companies that provide services to us, including companies that operate outside of the United States. dōterra does not share your personal information with any outside companies or vendors EXCEPT those that are directly related to your dōterra business. Any nonaffiliated companies that act on our behalf and receive personal information from us are contractually obligated to keep the information we provide to them confidential. 18. MAKING PURCHASES WITH YOUR CREDIT CARD When you order products on the website, we need to know your name, address, mailing address, credit card number, V-Code number and expiration date. This allows us to fulfill your order and to notify you of your order status. Again, for your protection and security, all of this information is encrypted before it travels over the internet. DON T WANT TO USE YOUR CREDIT CARD ON THE INTERNET? No problem. Just call the customer service center at REGISTRATION In order to increase convenience and provide special services to frequent users of the website, we require that you register. This registration is open to anyone who wishes to purchase product. To register, we will ask you to provide your name, address, credit card billing information, product shipping information, product preferences and general demographic information. We use this information to make using the website easier for users: By not requiring frequent website visitors to re-enter recurring information every time they visit the website.
6 26. INDEMNIFICATION You agree to indemnify, defend and hold us, our officers, directors, employees, agents, designees, Independent Product Consultants and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys fees) or other expenses that arise directly or indirectly out of or in any way related to: your acts or omissions in connection with the Site or other Site Content; the acts or omissions of any person in connection with the Site or other Site Content using your account; your purchase or use of the Site or other Site Content and the purchase or use of the Site or other Site Content by any person using your account; breach of any provision of this Agreement; any allegation that any materials submitted to us, transmitted to us or through the Site or other Site Content infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of publicity, trespass, and infringement of intellectual property or other proprietary rights. If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action. 27. TERMINATION; MODIFICATION At any time and for any reason, we may terminate your use of and access to the Site or other Site Content. At any time and for any reason, we may modify or discontinue providing the Site or other Site Content, or any part thereof, with or without notice to you. No notice is required to effect any termination right of any party. You shall not hold us responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages due to our modification or discontinuation of the Site or other Site Content or our termination of your access to the Site or other Site Content. 28. UNITED STATES LAW If you choose to access the Site or other Site Content from locations outside of the United States, you are responsible for compliance with local laws if, and to the extent that, such local laws are applicable. All software used on the Site or other Site Content is subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department s list of Specially Designated Nationals or the U.S. Commerce Department s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. We reserve the right, in our sole discretion, to limit the availability of the Site or other Site Content to any person, geographic area or jurisdiction at any time. 29. MISCELLANEOUS The laws of the State of Utah apply to this Agreement (without regard to Utah s conflict of law principles). Any dispute between you and us must be brought before state or federal courts located in Utah. If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between you and us relating to the Site or other Site Content and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer your rights or obligations under this Agreement to anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement.
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