This Agreement, sometimes referred to as ‘Terms of Use’, comprises the terms
governing Your use of FountainOfYouthAtHome web sites (referred to individually and collectively as ‘the Web Site’).
Clicking on the “Accept” button, below, is Your acceptance of the following terms and conditions,
as the same may be revised from time to time
- ‘You’ refers to you, the signer of this Agreement, when you are using the Web Site for your own account,
and to the FountainOfYouthAtHome, FOYAH, or other organization (referred to henceforth as ‘FOYAH’)
on whose behalf you are acting, when you are acting on behalf of a FOYAH in using the Web Site. Where you use the Web Site
in both capacities, your acceptance of the terms and condition of this Agreement are binding on both you and the FOYAH(s)
on whose behalf you purport to act. ‘We’, ‘Us’, and ‘FOYAH’ refer to the FountainOfYouthAtHome.com Websites.
- We agree to provide You access to the Web Site in accordance with these Terms of Use. You agree to use the Web Site in
a manner consistent with these Terms of Use.
- You may not transfer, sell, or otherwise assign Your rights or obligations under this Agreement.
- Either of us may terminate Your access to and use of the Web Site at any time for any reason or for no
reason by the sending a notice to the other party.
- You agree not to reverse engineer, decompile, or disassemble the underlying technology of the Web Site and
except as permitted hereunder, use, disclose or divulge to others any data or information relating to the Web Site
and/or the technology, ideas, concepts, know-how and techniques embodied therein.
- All content and functionality displayed, provided, reproduced, or distributed by Us on the Web Site are for
information purposes only and are no substitute for specific advice.
- Where We provide hypertext links to third party sites, We do so for information purposes only and such links are not endorsements by
Us of any products or services in such sites and We accept no liability for Your use of the same.
- We reserve the right to monitor all materials posted on a bulletin board or any similar forum (‘Postings’)
and to remove any which We consider in our absolute discretion to be offensive, defamatory, or otherwise in breach of these
Terms of Use. You agree that We have no obligation to monitor Postings by You or others, however.
- You will be responsible for all charges and obligations incurred, and liabilities for harm caused,
and for all actions taken, through Your account(s).
- You agree to indemnify and hold Us harmless from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from use of this Web Site through Your accounts, including,
but not limited to, any violation of this agreement by You or any other person using Your account, or the failure to
fulfill any obligations relating to anyone’s use of Your account.
- THIS WEB SITE AND ALL SOFTWARE AND SYSTEMS USED OR PROVIDED AS PART OF THIS WEB SITE ARE PROVIDED "AS‑IS,"
ON AN "AS AVAILABLE" BASIS. WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE WEB SITE CONTENT, FUNCTIONALITY, OR MATERIALS PROVIDED BY US HEREUNDER, INCLUDING, WITHOUT LIMITATION OF THE
FOREGOING, ANY WARRANTY REGARDING OWNERSHIP, ACCURACY, TIMELINESS, COMPLETENESS, AND AVAILABILITY, AND ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
- To the fullest extent permitted by applicable laws, We disclaim liability, and You agree that We are not liable, for any losses and expenses
of whatever nature and howsoever arising out of Your use of the Web Site or any web site with which it is linked, including without limitation any
direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of
or damage to property, claims of third parties, or other losses of any kind or character, even if We have been advised of the possibility of such damages
or losses. You assume total responsibility for establishing such procedures for data back up and virus checking as You consider necessary. In no event
shall the aggregate liability of Us, our Distributors or any other party (including liability for any indemnity obligation,
breach of warranty, negligence, strict liability in tort, or otherwise, regardless of the form of action or the theory of relief),
exceed, in the aggregate, the average monthly charges actually paid by You to Us over the preceding three (3) months,
through transactions conducted through the Web Site out of which any asserted claim with respect to the Web Site arises.
No action, regardless of form, arising out of the transactions under this agreement may be brought by You more than twelve (12)
months after the cause of action first arose.
- You and We agree, pursuant to the E-Sign Act, to treat e-mail replies from You and from Us, and other electronic signals of assent
from You and from Us, as binding expressions of assent by You and by Us to contracts. In particular, but not in limitation of the
foregoing, by clicking on the “Agreed to” button below, You and We agree that this agreement, any agreement to delegate authority,
and any other assent to be bound by an agreement between us may be submitted by E-mail or by other electronic means, and will be deemed to be
signed and executed electronically in accordance with the Electronic Signatures in Global and National Commerce Act, as it may be amended from
time to time (the 'E-Sign Act') without Your manual signature. The parties agree that such contracts will be governed by the E-Sign Act,
notwithstanding any state law that may be in effect (e.g., the Uniform Electronic Transactions Act as adopted in any state will not govern these
contracts). Notice to You may be given through e-mail or other writing to You or Your Security Administrator (where applicable).
Notice to Us may be given by e-mail or other writing to our Web Site Administrator, using the following link: brian@fountainofyouthathome.com.
- By so accepting these Terms of Use, where you purport to act on behalf of a FOYAH, you warrant that you have authority to bind the FOYAH to this Agreement.
We may revise the Terms of Use from time to time by posting changes to this Web Site. Any such revisions shall be effective when posted and made available
for Your review.
- These Terms of Use and ancillary agreements you have signed in connection with the use of the Services provided through this Web Site contain
the entire understanding between us with respect to any use of the Web Site by You or by anyone using the Web Site through Your account,
and no oral or written representation, statement, or inducement not contained herein shall bind either of us. Should any part of the Terms of Use
be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such
remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.