NEW MEMBER APPLICATION STEP 1 // SPONSOR ID________________________________________
USE THE DEFAULT PLACEMENT
SPONSOR NAME________________________________________________________________________________________________
If you do not know the ID of the member that referred you to ARIIX, please enter their name in the next space and we will take care of it.
PLACEMENT SPONSOR ID_____________________ INCOME POSITION________________ LEG_____________
STEP 2 // Primary Applicant
//
SSN_________________________________________________________________________________________________________________ FIRST NAME______________________________________________________________________________________________________ MIDDLE INITIAL________________ LAST NAME______________________________________________________________________________________________________ BIRTH DATE (MM/DD/YYYY)______________________________________________________________________________________
Co-Applicant / Spouse or Company
Enrollee must be 18 years or older
//
FIRST NAME _____________________________________________________________________________________________________ MIDDLE INITIAL_______________ LAST NAME___________________________________________________ COMPANY NAME________________________________________________
MAILING ADDRESS
//
ADDRESS 1____________________________________________________ ADDRESS 2____________________________________________________ CITY________________________________________________________ STATE
Company name entry below will alias your account to that name.
ZIP_________ COUNTRY________________
Shipping Address for Startup Order and Auto-Delivery Orders
INSIDE CITY LIMITS? YES
NO
Please answer accordingly, failure to do so could result in additional taxes or penalties.
//
Leave blank if same as above
ADDRESS 1_______________________________________________________________________________________________________ ADDRESS 2_______________________________________________________________________________________________________ CITY________________________________________________________________________________________________________________ STATE________________________________________ ZIP____________________ COUNTRY______________________________
INSIDE CITY LIMITS? YES
NO
Please answer accordingly, failure to do so could result in additional taxes or penalties.
CONTACT INFORMATION
ADDITIONAL ITEMS
//
//
DAY PHONE_______________________________________________________________ EVENING PHONE____________________________________________________________________ CELL PHONE____________________________________________________________ MOBILE CARRIER____________________________________________________________________ E-MAIL_______________________________________________________________________________________ FAX____________________________________________________________________ Check box if you would like to receive information via email from ARIIX.
Check box if you would like to receive information via email from your upline sponsor.
//
STEP 3 OPTIONAL DIRECT DEPOSIT INFORMATION
//
NAME ON ACCOUNT______________________________________________________________________________________________ ACCOUNT NUMBER__________________________________ ROUTING NUMBER__________________________________ SWIFT NUMBER_______________________________________ ACCOUNT TYPE______________________________________ BANK NAME__________________________________________________________________________________________________________ BANK NUMBER________________________________________ BRANCH NUMBER__________________________________
Direct deposit is a convenient way to have your commissions deposited directly into your bank account. This section is optional, but if you choose to participate in the direct deposit program, you must provide the indicated required fields.
//
//
GOLD 1000 PACKAGE
$1,100 US / 1000 PPV
SILVER 500 PACKAGE
$650 US / 500 PPV
NONE
US $12143
US $10000
OPTIMALS (US)
110.010100
53
US $9993
US $8494
US $6995
SILVER 500 SPECIAL PACK (HK)
960.020100
500
US $67084
US $57021
US $46959
TOTAL HEALTH PACK
910.0101
150
US $28572
US $24286
US $20000
SELECT SHIPPING METHOD
# PRODUCT
//
CHOOSE YOUR ENROLLMENT PACKAGE
US $14286
// 2 DAY
NEXT DAY
// //
You can choose what to include in your monthly Auto-Delivery order by entering the desired quantity in the box(es) below.
I agree to abide by the terms and conditions (See attached)
STARTUP ORDER
75
ADDITIONAL ITEMS
BANK’S CITY_________________________________________________________________________________________________________
STEP 5
900.010100
AUTO-DELIVERY (AD) ORDER
BANK ADDRESS 2__________________________________________________________________________________________________
//
IIX MEMBER 30%DISCOUNT
STEP 6
BANK ADDRESS 1__________________________________________________________________________________________________
TERMS & CONDITIONS
AUTO-DELIVERY 15% DISCOUNT
ENERGY PACK
STANDARD GROUND
BRANCH NAME______________________________________________________________________________________________________
STEP 4
# PRODUCT ITEM CODE VOLUME PTS. FULL RETAIL
All new members are required to purchase a Business Orientation System (BOS) at time of sign-up. The price of the BOS is $2995 and includes all applicable shipping and handling fees.
ITEM CODE FULL RETAIL
AUTO-DELIVERY 15% DISCOUNT
IIX MEMBER 30% DISCOUNT
$10 DONATION TO DREAM ACADEMY
591.010100 US $1000 US $850 US $700
$10 DONATION TO ORANGE DUFFLE BAG
590.010100 US $1000 US $850 US $700
ANTIOXIDANT PK
901.010100 US $14286 US $12143 US $10000
ANTIOXIDANT PK (HK)
903.020100 US $19136 US $16266 US $13395
ENERGY PK
900.010100 US $14286 US $12143 US $10000
ENERGY PK (HK)
905.020100 US $20213 US $17181 US $14149
HEART HEALTH PK
902.010100 US $14286 US $12143 US $10000
HEART HEALTH PK (HK)
904.020100 US $19136 US $16266 US $13395
OMEGA-Q (US)
104.010100 US $6136 US $5216 US $4295
OPTIMAL HEALTH PK FOR 2 (HK)
906.020100 US $19136 US $16266 US $13395
OPTIMALS (US)
110.010100 US $9993 US $8494 US $6995
REJUVENIIX (US)
103.010100 US $7136 US $6066 US $4995
TOTAL HEALTH PK
910.0101 US $28572 US $24286 US $20000
VINALI (US)
102.010100 US $4993 US $4244 US $3495
BIOPROQ (US)
105.010100 US $8564 US $7279 US $5995
RESTORIIX (US)
106.010100 US $9993 US $8494 US $6995
PURENOURISH PEACH (US)
200.010100 US $4993 US $4244 US $3495
PURITII WATER BOTTLE PLASTIC
261.010100 US 2850 US $2423 US $1995
PURITII WATER BOTTLE STAINLESS
262.010100 US $4279 US $3637 US $2995
PURITII WATER FILTER
263.010100 US $7850 US $6673 US $5495
PURITII KIT: ITEMS 261 (1), 262 (1), 263 (2)
264.010100 US $21414 US $18202 US $14990
SELECT AUTO-DELIVERY DATE
Terms and Conditions
// The Auto Delivery will start on the day you select below, then will transact every 28 days after that.
SELECT THE START DAY
Please note. Auto Deliveries run each Saturday at the beginning of each 4-week cycle. Please ensure your start date falls within the range of the beginning period of the next cycle.
SELECT THE START MONTH
SELECT SHIPPING METHOD
STANDARD GROUND
2 DAY
NEXT DAY
For example: If you enrolled and set up your auto delivery in period 30, you would want to ensure you were no earlier or later than 28 days out (default) to ensure your auto delivery generated during period 34--or your next qualification period. Failure to update your Auto Delivery to the correct period may jeopardize your qualification and forfeit your Carry Over volume or Commission/Bonus earnings for that period.
//
STEP 7 IIX MEMBERSHIP
//
I WANT TO SIGN UP FOR THE IIX MEMBERSHIP
Reps: IIX Membership doubles all bonuses in the ARIIX Activ8 Compensation Plan and provides a 15% discount on all product orders. Membership is included with your Gold or Silver Packs. Purchased separately it is one time fee of $150.
Preferred Customers: IIX Membership gives you an additional 15% off every product order (including auto-deliveries) and is a one-time fee of $25.
//
STEP 8 ADDITIONAL INFORMATION
//
SELECT YOUR TIME ZONE EASTERN US
CENTRAL US
MOUNTAIN US
ARIZONA US
PACIFIC US
HAWAII US
ALASKA US OTHER ARIIX OFFICE PRO
Yes, I would like to sign up for ARIIX Office Pro. I understand my credit card will be charged $19.95 monthly. Pro version included in the Gold 1000 (18 months) and Silver 500 Pack (12 months) purchase.
// I AGREE to abide by the
ARIIX Office Agreement (see attachment)
Sign up for ARIIX Office Pro. ARIIX Office Pro is all about managing your business and your team with advanced features such as: •Business Manager(DLM) •Ecards •Video Messaging •Premium Reports •Personal Web Pages
1. I understand that as an ARIIX Member/Rep: a. I have the right to offer for sale ARIIX products and services in accordance with these Terms and Conditions. b. I have the right to enroll persons in ARIIX. c. If qualified, I have the right to earn commissions pursuant to the ARIIX Compensation Plan. ____________________________________________________________________________________________ 2. I agree to present the ARIIX Marketing and Compensation Plan and ARIIX products and services as set forth in official ARIIX literature. ____________________________________________________________________________________________ 3 I agree that as an ARIIX Member/Rep I am an independent contractor, and not an employee, agent, legal representative, or franchisee of ARIIX. I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF ARIIX FOR FEDERAL OR STATE TAX PURPOSES. ARIIX is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind. ____________________________________________________________________________________________ 4. I HAVE CAREFULLY READ AND AGREE TO COMPLY WITH THE ARIIX POLICIES AND PROCE DURES AND THE ARIIX MARKETING AND COMPENSATION PLAN, both of which are incorporated into and made a part of these Terms and Conditions (these three documents shall be collectively referred to as the “Agreement”). If I have not yet reviewed the Policies and Procedures and/or Compensation Plan at the time I sign this Agreement, I understand that they are posted at www.ARIIX.com, and in my ARIIX Back Office. I will review the Policies and Procedures and Compensation Plan within five days from the date on which I sign this Agreement. If I do not agree to the Policies and Procedures or Compensation Plan, my sole recourse is to notify the company and cancel my ARIIX Agreement. Failure to cancel constitutes my acceptance of the Policies and Procedures and Compensation Plan. I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from ARIIX. I understand that the Agreement may be amended at the sole discretion of ARIIX, and I agree to abide by all such amendments. Notification of amendments shall be posted on ARIIX’s website or in my ARIIX Back Office. Amendments shall become effective 30 days after publication, but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. ____________________________________________________________________________________________ 5. The term of this agreement is one year (subject to prior cancellation pursuant to the Policies and Procedures). If I fail to annually renew my ARIIX business, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a Member/Rep. I shall not be eligible to sell ARIIX products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination or nonrenewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization. ARIIX reserves the right to terminate all Distributor Agreements upon 30 days notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity. Member/Rep may cancel this Agreement at any time, and for any reason, upon written notice to ARIIX at its principal business address. ____________________________________________________________________________________________ 6. I may not assign any rights under the Agreement without the prior written consent of ARIIX. Any attempt to transfer or assign the Agreement without the express written consent of ARIIX renders the Agreement voidable at the option of ARIIX and may result in termination of my business. ____________________________________________________________________________________________ 7. I understand that if I fail to comply with the terms of the Agreement, ARIIX may, at its discretion, impose upon me disciplinary sanctions as set forth in the Policies and Procedures. If I am in breach, default or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed. I agree that ARIIX may deduct, withhold, set-off, or charge to any form of payment I have previously authorized, any amounts I owe or am indebted to ARIIX. ____________________________________________________________________________________________ 8. ARIIX, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release ARIIX and its affiliates from, all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release ARIIX and its affiliates from all liability arising from or relating to the promotion or operation of my ARIIX business and any activities related to it (e.g., the presentation of ARIIX products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify ARIIX for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
____________________________________________________________________________________________
9. The Agreement, in its current form and as amended by ARIIX at its discretion, constitutes the entire contract between ARIIX and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect. 10. Any waiver by ARIIX of any breach of the Agreement must be in writing and signed by an authorized officer of ARIIX. Waiver by ARIIX of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach. _____________________________________________________________________________________________ 11. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Agreement shall remain in full force and effect. _____________________________________________________________________________________________ 12. This Agreement will be governed by and construed in accordance with the laws of the State of Utah without regard to principles of conflicts of laws. In the event of a dispute between a Member/Rep and ARIIX arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through the dispute resolution provisions as are more fully described in the Policies and Procedures. ARIIX shall not be obligated to engage in mediation as a prerequisite to disciplinary action against a Member/Rep. If a Rep elects to pursue the review of the Founder’s Club, any resolution or decision by the Founder’s Club shall be final and non-appealable, and in such event, the Parties waive all rights to trial by jury or to any court. _____________________________________________________________________________________________ 13. Notwithstanding the foregoing, either party may bring an action before the courts seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including but not limited to customer and/or distributor lists as well as other trade secrets, trademarks, trade names, patents, and copyrights. In all actions before the courts, the parties consent to exclusive jurisdiction and venue before the U.S. District Court for the District of Utah, or state court residing in Salt Lake County, State of Utah. _____________________________________________________________________________________________ 14. LA Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law. _____________________________________________________________________________________________ 15. MT Residents: Should a Montana resident cancel the Member Agreement within 15 days from the date of enrollment, ARIIX will refund 100% of the purchase price for the Starter Kit. _____________________________________________________________________________________________ 16. A participant in this multilevel marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address. _____________________________________________________________________________________________ 17. If a Member/Rep wishes to bring an action against ARIIX for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under state law. Failure to bring such action within such time shall bar all claims against ARIIX for such act or omission. Member/Rep waives all claims that any other statute of limitations applies. _____________________________________________________________________________________________ 18. In the event of any conflict between this Member Agreement and the Policies and Procedures, the Policies and Procedures shall prevail. _____________________________________________________________________________________________ 19. I authorize ARIIX to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use. _____________________________________________________________________________________________ 20. A faxed, electronic, or online copy of the Agreement shall be treated as an original in all respects.
NOTICE OF RIGHT TO CANCEL You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date (5 business days for Alaska residents). If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to ARIIX, 563 West 500 South, Suite 340, Bountiful, Utah 84010 NOT LATER THAN MIDNIGHT of the third business day following the date set forth above.
ARIIX Office Agreement THE FOLLOWING DESCRIBES THE TERMS ON WHICH WE OFFER YOU SERVICES. BY CHECKING THE “I ACCEPT” CHECKBOX WHEN YOU SIGNUP, YOU ACCEPT THE TERMS AND CONDITIONS BELOW AND AGREE THAT THIS CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND INFOTRAX SYSTEMS, LC. If you do not wish to be bound by these terms and conditions, please do not visit or use the VirtualOffice Sites. You, the subscriber, agree that you are a willing subscriber to the VirtualOffice services and agree that you will pay the fees associated with this service. These Terms of Service may be amended at any time by us from time to time in our sole discretion without specific notice to you. The latest Terms of Service will be posted on our site, and you should review them prior to using the site.
Description of Service InfoTrax Systems operates this web site and associated web pages which for purposes of these Terms of Service will be referred to as VirtualOffice. InfoTrax Systems offers you access to VirtualOffice which provides you access to a collection of online services. InfoTrax Systems offers you access to the VirtualOffice site in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by InfoTrax Systems from time-to-time in its sole discretion without notice to you. Unless explicitly stated otherwise, any new features or products that augment or enhance the current Service shall be subject to these Terms of Service.
General Use of the VirtualOffice site You promise that you will not use the VirtualOffice site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Service. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the VirtualOffice site. This means, among other activities, that you agree not to engage in the practices of “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the VirtualOffice site in any manner which could damage, disable, overburden, or impair the VirtualOffice site or interfere with any other party’s use and enjoyment of the VirtualOffice site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the VirtualOffice site. Except with the written permission of InfoTrax Systems, you agree that you will not access or attempt to access password protected, secure or non-public content of the VirtualOffice site. Unauthorized individuals attempting to access prohibited areas of the VirtualOffice site may be subject to prosecution.
Registration/Privacy Policy In order for you to participate in the Service, InfoTrax Systems will require that you provide specific information about yourself. If you choose to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity (such information being “Member Data”). Member Data and certain other information about you is subject to our Privacy Policy. You agree and acknowledge that Member Data from the registration process is used to send you information about InfoTrax Systems and services. Sensitive information will never be divulged to others without your permission. Some of your personal information from this service may be displayed on the personalized public web pages that you receive from InfoTrax Systems. You can modify all of your personal information by logging into the service and selecting Account Management or by contacting customer support. Although privacy issues are very important to us, given the current regulatory and technical environment you should not have an expectation of privacy in your Member VirtualOffice site or Member Data associated with it. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept your private communications. We cannot ensure that all private communications or information associated with your Member VirtualOffice sites will remain private. For more information, InfoTrax Systems urges you to review the InfoTrax Systems Privacy Policy which is part of this Agreement.
Content Submitted to InfoTrax Systems The VirtualOffice site includes a number of venues that enable you to disseminate and exchange thoughts and opinions to and with other members of the public. Since InfoTrax Systems firmly believes in the value of free and open dissemination and exchanges, it is under no obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions. Therefore, InfoTrax Systems cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about yourself or your children on the VirtualOffice sites. Member Conduct You, and not InfoTrax Systems, are entirely responsible for all information, data, text, software, music, sound, photographs, messages or other materials (“Member Content”) posted via the Service. InfoTrax Systems does not control the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. With respect to the content on your Member VirtualOffice sites you agree not to: post, broadcast, upload or otherwise transmit any content not related to appropriate subject matters; post, broadcast, upload or otherwise transmit any content which is misleading to others, including, but not limited to, consumers; post, broadcast, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; post, broadcast, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements); post, broadcast, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; post, broadcast, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
post, broadcast, upload or otherwise transmit any materials which imposes an unreasonable or disproportionately large load on our infrastructure; post, broadcast, upload or otherwise transmit any content that is harmful to minors; post, broadcast, upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations have the force of law; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge any headers or other manipulation or identifiers in order to disguise the origin of any conten transmitted through the service; collect or store personal data about any other individual; promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; attempt to access the accounts of others, or attempt to penetrate security measures of InfoTrax Systems, Partner or other entities using the “Powered by iAct” trademark and other trademarks of InfoTrax Systems, whether or not the intrusion results in corruption or loss of data; and/or resell or exploit for any commercial purpose InfoTrax System’s services by any and all means. We believe in each person’s right to express themselves, but sometimes the words you want to speak will be inappropriate for the community at large. From time to time, we may ask you to place some of your content behind password protection if we believe such content is inappropriate for the community at large (unless they violate these Terms of Service in which case they should not be on our system at all). If we ask you to place your content behind password protection and you fail to do so promptly, we at our sole option may choose to (a) place such content behind password protection ourselves, or (b) terminate these Terms of Service and your InfoTrax Systems a count. Furthermore, in cases where we have asked you to place content behind password protection or the content otherwise appropriately belongs behind password protection, you may not publish your password in such a way that negates the limited access nature of the password protected VirtualOffice site. InfoTrax Systems has a zero tolerance Spam policy. Any user who sends Spam emails using an InfoTrax Systems trademark or web site address or the trademarks or web site addresses of any of our partners may be immediately terminate from any or all online services provided by InfoTrax Systems or one of our partners. Any user who causes damage to our servers or loss of business or otherwise causes interruption from normal service due to violation of this policy will be held liable for those damages or loss of business.
The following constitute the definition of Spam or Spamming: Sending any email or fax with an InfoTrax Systems trademark or web site address or the trademarks or web site addresses of any of our partners as an advertisement to anyone as part of an initial contact Sending any email or fax with an InfoTrax Systems trademark or web site address or the trademarks or web site addresses of any of our partners to anyone that has not requested this information from you first. Sending any email or fax with an InfoTrax Systems trademark or web site address or the trademarks or web site addresses of any of our partners to any type of “Safe List” or through any type of “Safe List” service. Sending any email or fax with an InfoTrax Systems trademark or web site address or the trademarks or web site addresses of any of our partners as part of an email that is sent as a result of a posting to a classified ad site or guest book or Links site.
Third Party Content For your convenience, the VirtualOffice sites contain content and information from InfoTrax System’s partners and/or links to partner web sites (“Third Party Content”). Such content is not under the control of InfoTrax Systems and InfoTrax Systems is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. InfoTrax Systems is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by InfoTrax Systems of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software, or sites. InfoTrax Systems is not and will not be responsible for (i) the terms and conditions of any transactions between you and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release InfoTrax Systems (and its affiliates, and consequential) of liability of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE AND OUR SUPPLIERS PROVIDE OUR SERVICE, THE VIRTUALOFFICE SITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. (B) INFOTRAX SYSTEMS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICE, THE VIRTUALOFFICE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY IN NO EVENT SHALL INFOTRAX SYSTEMS AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF INFOTRAX SYSTEMS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAM-
AGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VIRTUALOFFICE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VIRTUALOFFICE SITE.
Proprietary Rights for VirtualOffice Site InfoTrax Systems does not claim ownership of the content you place on any Member VirtualOffice site or within any service. By using your Member VirtualOffice sites, you grant InfoTrax Systems a worldwide, royalty-free non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display your content on and through the VirtualOffice sites, and co-branded or mirrored versions of such sites, and in InfoTrax System’s promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites. Some VirtualOffice sites contain copyright material and all proprietary rights in that material remains the property of the company. Reproduction, redistribution and transmission of any information contained in this VirtualOffice site is strictly prohibited save that VirtualOffice subscribers may download and reproduce materials from VirtualOffice for their own personal use.
Indemnification You agree to indemnify and hold InfoTrax Systems and its, suppliers, affiliates, partners, subsidiaries, employees harmless from any and all claims and demands, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of any information, including but not limited to member information, and your publicly posted information, submitted, posted, or otherwise provided by you to your Member VirtualOffice site and/or InfoTrax Systems and/or its affiliates.
Copyright All materials on the VirtualOffice sites (as well as the organization and layout of the InfoTrax Systems web site) are owned and copyrighted or licensed by InfoTrax Systems, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the VirtualOffice sites is permitted without the written permission of InfoTrax Systems. Any rights not expressly granted herein are reserved. We respect the intellectual property rights of others and we ask our members to do the same. Trademarks InfoTrax Systems, VirtualOffice sites, the VirtualOffice logo, the “Powered by VirtualOffice” logo, DataTrax 2, and other InfoTrax Systems logos and product and service names are trademarks of InfoTrax Systems. Without InfoTrax System’s prior permission, you agree not to display or use in any manner, the InfoTrax Systems Marks.
Modification InfoTrax Systems reserves the rights at anytime and from time to time to modify, discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that InfoTrax Systems shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination InfoTrax Systems and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to your Member VirtualOffice sites. You further agree that InfoTrax Systems shall have the right to remove Elements from your member VirtualOffice sites, your VirtualOffice account, with or without notice to you, at any time at our sole discretion, if we discontinue offering the Element for any reason. You further agree that InfoTrax Systems, in its sole discretion, may terminate your password, your member VirtualOffice sites, your VirtualOffice account or your use of the Service for any reason, including, without limitation, if you breach these Terms of Service, for lack of use, if we are unable to verify or authenticate any information you provided to us, or if InfoTrax Systems believes that you have violated or acted inconsistently with the spirit of these Terms of Service. We may also terminate your member VirtualOffice sites and/or VirtualOffice account if we decide, in our sole discretion, to discontinue offering our services.
General Information These Terms of Service shall be governed in all respects by the laws of the State of Utah, U.S.A. as such laws are applied to agreements entered into and to be performed entirely within Utah between Utah residents. Both parties submit to exclusive jurisdiction and venue in Utah and further agree that any cause of action arising under these Terms of Service shall be brought in a court in Utah County, Utah. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms of Service or your rights in your member VirtualOffice sites, and any attempt to the contrary is void. These Terms of Service sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The services hereunder are offered by InfoTrax Systems, located at 1815 South State Street, Suite 4500, Orem, UT 84097.
