Terms of Use of the Amway European Website


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Terms of Use of the Amway European Website This is an official Amway (Europe) Limited ("Amway") Public Web site. We maintain this Web site as an information only site. Access to and use of the [Amway European] Web site ("Web Site") and the information and materials available through the Web Site are subject to all applicable laws and regulations and to these Terms of Use. By using the Web Site, you agree to comply with and be bound by the following Terms of Use. Please review them carefully.
Acceptance of Agreement You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the Web Site and its contents. This Agreement constitutes the entire agreement between you and Amway. These Terms of Use may be changed by Amway from time to time without specific notice to you. Consequently, you should always check the latest Terms of Use available on this Web Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Web site. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.
Unless explicitly stated otherwise, any new features that augment, enhance or otherwise change the Web Site shall be subject to these Terms of Use.
ACCESS TO THE WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION AND MATERIALS PROVIDED ON THE WEB SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
Amway and/or its affiliates may offer other Web sites, information, materials, products and/or services from time to time that are governed by different terms and conditions, such Web sites, information, materials, products and/or services may or may not be accessible through the Web Site. In any case, you agree to be bound by the Terms of Use with respect to such Web sites, information, materials, products and/or services, in addition to whatever other contractual obligations you may have to Amway or the applicable Amway affiliates with respect to such information, materials, products and/or services. Such other contractual obligations may include (as applicable), but shall not be limited to, Terms and Conditions of Registration as an IBO, Member Terms and Conditions, and Terms and Conditions of Purchase.
Intended Audience
This Web Site is an information only site. No portion of this Web Site or any information or materials provided through this Web Site is intended for access or use outside of Austria, Belgium, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey and the United Kingdom.
Amway makes no claims that the content located on the Web Site is appropriate or may be downloaded legally in all of the countries listed above. Access to, or use of, the Web Site or information and materials provided through this Web Site may be prohibited by law in certain countries or jurisdictions. If you access and/or use the Web Site, its information and materials, you do so at your own risk and are responsible for compliance with the laws and regulations governing such access and use in your respective jurisdiction.

Access and Security
You agree not to interfere with or disrupt the Web Site or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site.
If you ever provide your name, address, e-mail address, telephone number and fax number it shall be encrypted for security. Encryption scrambles the information so this information can only be viewed by the Web Site operators.
The Web Site uses Secure Sockets Layer (SSL) encryption technology. The SSL protocol provides Server Authentication, Data Integrity and Privacy on the Web. This security measure helps ensure that no impostors, eavesdroppers or vandals get your information. SSL not only encrypts all information transmitted, but also verifies the identity of the server and that the original message arrives safely at its destination.
Scope of Product Information
Without limiting the generality of anything foregoing, all references on the Web Site to products and services apply to products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated.
Copyright
The Web Site design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Web Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights, ALL RIGHTS RESERVED. The posting of any such elements on the Web Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Web Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Amway.
Permission is hereby granted to persons resident in the countries/jurisdictions listed in the section Intended Audience, to the extent necessary to lawfully access and use the Web Site and/or information and materials available on the Web Site to display, download, archive and print in hard copy, portions of this Web Site for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use.
Trademarks
The Web Site, the Web Site logo, all product names, all page headers, all custom graphics all button icons, all trademarks, service marks and logos appearing on the Web Site, unless otherwise noted, are service marks, trademarks and/or trade dress of Alticor, Inc, Ada, Michigan, in the United States, Amway, its affiliates or other companies under common ownership or control with the foregoing entities (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Web Site are the property of their respective owners. You agree not to display or use the Marks in any manner without Amway’s prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks, and/or trade

dress or an other material contained herein, except as permitted herein, is expressly prohibited.
Proprietary Information
You acknowledge and agree that the Web Site and any software used in connection with the Web Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the information and materials of third parties available through, or cited on, the Web Site may be protected by copyrights, trademarks, service marks, patents or other proprietary rights (including intellectual property rights) and laws. Except as expressly authorised by Amway or the owners of such third party information, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site, such information, materials, products, services and/or software.
Links to Other Web Sites
The Web Site may contain links and/or advertisements to other web sites maintained by Amway or affiliates or by companies under common ownership or control with Amway or affiliates, in addition to links to web sites maintained by unrelated companies and persons. An advertisement of, or link to, another Web Site does not mean that Amway or any affiliate approves, endorses or accepts any responsibility for the Web Site, its content or use, or the use of information, materials, products and/or services made available through such Web site.
Neither Amway nor any affiliate is responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such Web sites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of (a) use of or reliance on such, (b) transactions between you and any merchants operating such Web sites as we are not a party to such transactions, and (c) your use of or reliance on the actions, content, accuracy, privacy policy, opinions expressed, products or services provided through these links or made available through these resources.
Such Web sites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by Amway. Amway and its affiliates make no representations whatsoever, or any warranties of any kind, expressed, implied, or otherwise about other Web sites which you may access through this one, the content thereof, or the products and/or services made available through such Web sites. If you decide to leave our Site and access these other Web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such Web sites will apply to you while on such Web sites. Should you have questions regarding these sites, you should address them directly with the Web Site administrator for the particular site in question.
Links from Other Web Sites
Any link to the Web Site without written permission from Amway is prohibited. Notwithstanding authorisation to link to the Web Site, linking to any page other than the initial start page of the Web Site is prohibited. Persons providing access to the Web Site via link from another Web site are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source Web site and for any representations made or impressions created concerning Amway, its affiliates, any company under common ownership with Amway or its affiliates, the Web Site, or the subject matter hereof. Authorisation by Amway to link to the Web Site is given without assumption of any liability by Amway relating to such links, and Amway hereby disclaims any such liability. Amway reserves the right to withdraw any authorisation to link to the Web Site at any time and for any reason.

Anyone providing access to, or information relating to, the Web Site, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for Amway.
Warranties; Disclaimers
YOUR USE OF THE WEB SITE AND THE INFORMATION AND MATERIALS AVAILABLE THROUGH THE WEB SITE ARE AT YOUR OWN RISK. WHILE EVERY EFFORT HAS BEEN MADE TO CHECK THE ACCURACY OF THE WEB SITE STATEMENTS, REPRESENTATIONS AND OTHER CONTENT OF THE WEB SITE, AMWAY AND ITS AFFILIATES DISCLAIM ALL LIABILITY IN CONNECTION WITH ANY INFORMATION AND/OR MATERIAL AVAILABLE ON OR THROUGH THE WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, INFORMATION ON THE WEB SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
AMWAY AND AMWAY AFFILIATES DISCLAIM ALL LIABILITY WHICH MIGHT OTHERWISE BE IMPLIED, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY STATUTORY OR OTHER WARRANTIES, SUCH AS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT, OR OTHER WARRANTIES RELATING TO QUALITY, MERCHANTIBILITY, ABILITY OF PRODUCTS TO ACHIEVE A PARTICULAR RESULT, ETC. NEITHER AMWAY NOR ANY AMWAY AFFILIATE ACCEPTS LIABILITY IF YOUR USE OF INFORMATION AND/OR MATERIALS THEREON IS FOUND TO INFRINGE A THIRD PARTY’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
NEITHER AMWAY NOR ANY AMWAY AFFILIATE MAKES ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS OR THAT THE WEB SITE, OR ACCESS TO THE WEB SITE OR THE INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE WEB SITE, WILL BE UNINTERRUPTED, TIMELY, ACCURATE, ADEQUATE, COMPLETE, SECURE OR FREE OF BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. AMWAY AND AMWAY AFFILIATES DISCLAIM ALL LIABILITY IN CONNECTION WITH (AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM COMPUTER VIRUSES OR OTHER TECHNICAL SABOTAGE, THE DOWNLOAD, ACCESS OR USE OF THE WEB SITE OR THE USE OF ANY INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE WEB SITE.
IN NO EVENT WILL AMWAY OR ANY AMWAY AFFILIATE, OR ANY COMPANY UNDER COMMON OWNERSHIP OR CONTROL WITH AMWAY OR AN AMWAY AFFILIATE, OR ANY OF THE SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES OF AMWAY, AN AMWAY AFFILIATE, OR SUCH COMPANY, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF, OR INABILITY TO USE, THE WEB SITE OR ANY INFORMATION AND/OR MATERIALS AVAILABLE THROUGH THE WEB SITE, OR ANY OTHER LINKED WEB SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

AMWAY DOES NOT ATTEMPT TO DISCLAIM LIABILITY ARISING OUT OF FRAUDULENT MISREPRESENTATION, LOSS CAUSED BY INTENTIONAL OR GROSSLY NEGLIGENT ACTS, OR, IN THE UNITED KINGDOM, FOR PERSONAL INJURY OR DEATH.
YOU ACCEPT THAT NOT ONLY AMWAY, BUT ALSO ANY AMWAY AFFILIATE, ANY COMPANY UNDER COMMON OWNERSHIP OR CONTROL WITH AMWAY OR AN AMWAY AFFILIATE, AND THEIR RESPECTIVE SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AMWAY. THIS WEB SITE AND THE INFORMATION AND MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMWAY, THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Information on or available through the Web Site may contain inaccuracies or typographical errors. Amway reserves the right to correct any inaccuracies or typographical errors in the information posted to this Web Site, and shall have no liability for damages or losses arising out of, or alleged to have arisen out of, these inaccuracies or errors. Information on or available through the Web Site may be changed or updated without notice.
Any communication or material you post or transmit to Amway or any Amway affiliate over the Internet is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material to the Web Site, you agree that Amway and any other affiliate (or any company under common ownership or control with Amway or an affiliate) may use your communication as material for any purpose, including reproduction, transmission, publication, broadcast, posting, developing, manufacturing and marketing products. Neither Amway nor any Amway affiliate will have the responsibility to respond to messages posted at the Web Site. Furthermore, posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.
Notwithstanding the foregoing, all personal data provided to Amway or any Amway affiliate as a result of the Web Site will be handled in accordance with our Privacy Policy.
Indemnity and Release
You agree to indemnify, release and hold harmless Amway, its affiliates and any company under common ownership or control with Amway or its affiliates, as well as the officers, directors, agents, representatives and employees of the foregoing, from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of the Web Site or any of the information, materials, products or services available through the Web Site.
Modification and Discontinuation of Services
Amway reserves the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Web Site (or any portion thereof) and/or the information and materials available through the Web Site (or any part thereof) with or without notice. You agree that neither Amway nor any affiliate shall be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of such.

Notice
You agree that Amway may provide notice with respect to the Web Site to you by e-mail, fax or regular mail at any address that you have provided to Amway or an affiliate in any agreement or in writing. You agree that we may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Web Site.
Miscellaneous
This Agreement shall be treated as though it were executed and performed in England or Wales. and shall be governed by and construed in accordance with the laws of England and Wales. Further, your access to and use of the Web Site is governed by the internal substantive laws of England and Wales (without regard to its conflict of laws principles). By accessing the Web Site, you agree that no other law shall govern the information and materials provided on the Web Site. However, you also agree to comply with all applicable laws and regulations of the country/jurisdiction in which you reside and, if different, the country/jurisdiction from which you access the Web Site including, but not limited to, laws and regulations governing the transmission of technical data from such countries/jurisdictions, the collection, storage, dissemination, use, handling and transmission of personal data relating to third parties, and the receipt or use of information, materials, products or services available on the Web Site.
Any cause of action by you with respect to the Web Site (and/or any information, materials, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Use. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in London, England. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Web Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

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Terms of Use of the Amway European Website