If for any reason you are dissatisfied with the Site or any qemp Materials, your sole and exclusive remedy is to stop using the Site or participating in any qemp offerings.
2. Eligibility of Users.
You must be at least twenty-one (21) years of age to access the Site. By accessing the Site, you represent and warrant that you are at least twenty-one (21) years of age. Certain features and Materials on the Site may be subject to additional age or other eligibility requirements.
qemp products and business opportunities are only available in those states and countries that have been previously authorized by qemp. You may not offer, ship, or sell any qemp product or business opportunity in any state or country outside of those previously authorized by qemp.
3. Use of Site.
qemp cannot and does not warrant or guarantee that Materials or any other available information from the Site are free of viruses, worms, Trojan horses, or other programming items that can damage, interfere with, or intercept any system, data, or personal information. You are solely responsible for your own recovery of lost data.
4. Product Purchases, Payment, Returns & Exchanges
Product Purchases. Distributors may purchase products directly from qemp for personal use and/or resale to their Customers. Customers may purchase products directly from their distributor’s personal inventory or through their distribtutors.
Prices. Although we have made every effort to display our products as accurately as possible, products displayed may be out of stock or discontinued, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter.
Returns, Exchanges and Auto-Ship. Distributor requests for returns or exchanges will be handled in accordance with our Policies and Procedures.
5. System Integrity and Use of Email.
You may not interfere with the working of the Site. You may not take any action that imposes an unreasonable burden on the performance or efficiency of the Site.
When using any email address or message functionality provided on or through the Site, you must do so in accordance with all applicable laws and avoid sending any unsolicited message, unless you have obtained prior authorization from the recipient (any unsolicited message constituting “Spam”). If you receive Spam from someone selling or describing qemp’s products, Materials, or business opportunity please contact us immediately. If any person indicates they do not want to receive email you must abide by that request.
You may not use any email address or message functionality on the Site to transmit any:
(i) content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, harmful, harassing, tortuous, invasive of another’s privacy, hateful, or is racially, ethnically, or otherwise objectionable
(ii) content that is subject to any confidentiality or intellectual property rights of another;
(iii) non-public information about any other company;
(iv) trade secrets;
(v) computer code, files, or programs designed to interfere, disrupt, destroy, or compromise the security or functionality of any device or software.
In addition, qemp does not buy or sell email lists, nor do we allow distributors to use purchased or harvested email lists. You certify that you will not use rented or purchased lists, email append lists, or any other list that contains email addresses captured in any method other than opt-in. The use of opt-out lists is prohibited in qemp’s system. We retain the right to review your contact lists and emails to verify that you are abiding by the privacy and permission policies set forth herein.
6. Account Obligations.
You agree to provide, maintain, and update the Site with true, accurate, current, and complete information about yourself or your organization as prompted on the Site. We may suspend or terminate your account or otherwise restrict or decline to permit you continued access to the Site if you provide any information that is not true, inaccurate, not current, incomplete, or if we have reasonable grounds to suspect that information you provide is not true, inaccurate, not current, incomplete. You alone must maintain the confidentiality and integrity of your personal information, password, account number as well as any activities that occur under your account number or password. You agree that your password may be used to attribute an electronic record or signature to you. qemp urges you not to disclose your account number or password to third parties. You agree to immediately notify qemp of any unauthorized use of your account number or password or other security breach. qemp will not be liable in any manner for fraudulent purchases made using your account number or password.
Distributors who receive access to personal information through the Site must do so in accordance with the law and the guidelines for handling Personal Information set forth in qemp’s Distributor Policies and Procedures.
In addition, it is a distributor’s sole responsibility to maintain your own books and records of all transactions and communications with your downline organization and customers, and to maintain protection against destruction of or tampering with personal information within your possession or control. qemp cannot guarantee to maintain, or provide back-up and recovery of, any data. You understand that you have independent responsibilities for complying with national, federal, state and local laws and regulations relating to the protection, use and disclosure of personal information provided to you, whether through the Sites or otherwise.
You will cooperate with qemp and act in a proactive manner whenever this is required to allow us to comply with our obligations under data protection law, including to respond within a reasonable time to data protection related enquiries from your downline organization and/or the competent regulator.
7. Electronic Communications
If you provide qemp with your email address, you authorize us to periodically send you information and updates relating to qemp’s business, products, programs, promotions, and other matters. You have the right to unsubscribe to these communications at any time. For contractual purposes, you consent to receiving communications from qemp by email.
8. International Use of the Site
The Site is intended for viewing and use in the United States and any other countries which qemp has designated as officially open for business. Distributors may not use the Site to conduct business or sales in any country that we have not announced is officially open for business.
qemp may occasionally schedule periods of downtime on the Site for maintenance and other purposes. Unplanned outages or downtime may also occur. qemp is not liable in any manner for the unavailability of the Site, or the loss of data or transactions that could result from scheduled or unplanned downtime or outages.
qemp does not want you to send to it any confidential or proprietary information through the Site. Any material or messages posted, files uploaded, data input or any other form of communication or information you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). qemp will have no obligations with respect to the Communications. qemp will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. By transmitting Communications to the Site, you hereby grant to qemp a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against qemp of any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with such Communications.
You are prohibited from posting or transmitting to or from the Site any material that:
(i) would restrict or inhibit any other user from using and enjoying the Site,
(ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
(iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,
(iv) would violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark or patent rights, rights of privacy or publicity or any other proprietary right,
(v) contains a virus or other harmful component,
(vi) contains any information, software or other material of a commercial nature,
(vii) contains advertising of any kind, or
(viii) constitutes or contains false or misleading indications of origin or statements of fact.
To obtain permission to link to the Site or any other website owned and operated by qemp, please contact firstname.lastname@example.org. No trademark or logo of qemp may be used as a “hot” link to any qemp or other web site without the prior written approval of qemp.
Any linked sites are not under the control of qemp, and qemp is not responsible for the content of any linked site or any link contained in a linked site. qemp reserves the right to terminate any link or linking program at any time. qemp does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.
The Site may contain incentives such as promotions, contests, or sweepstakes (“Promotions”). These Promotions may require you to send information or material about yourself. Promotions offered on the Site may be governed by separate rules and may have separate eligibility requirements, such as age or geographic limitations. Promotions may also have separate terms and conditions that govern the use or disclosure of information you provide. By participating in a Promotions, you promise to comply with the specific rules, terms and conditions, of such Promotion.
13. No Warranties
THE MATERIALS AND THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QEMP WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION ENTERED INTO THROUGH THE SITE, OR ANY USE OF THE SITE. IN NO EVENT SHALL QEMP OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF QEMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
qemp does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. qemp may make changes to these Materials, or to the products described therein, at any time without notice. Statements made about qemp products have not been evaluated by the Food and Drug Administration. qemp products are not intended to treat, diagnose, mitigate or prevent diseases or their symptoms. qemp makes no commitment to update the Materials. In addition, this Section 13 pertains to our services, the Site and the content on the Site, but not to our nutrition and wellness products offered for sale through the Site.
15. Limitation of Liability
16. No Legal, Professional, Medical or Healthcare Advice
The content of the Site is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, is not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your physician with any questions you may have regarding a medical condition or before starting a weight loss regimen or diet. You should not act or refrain from acting on the basis of any of the content included in, or accessible through, the Site without seeking the appropriate legal, medical, or other professional advice. Reliance on any information appearing on the Site is strictly at your own risk.
17. Intellectual Property
qemp trademarks may be used only with the express permission of qemp. Fair use of qemp trademarks in advertising and promoting its products requires proper acknowledgment that the trademarks are trademarks of qemp. All other brands and names are property of their respective owners.
The Materials at the Site are copyrighted, and any unauthorized use of any of the Materials at the Site may violate copyright, trademark and other laws. You may not copy, reproduce, modify, publish, upload, post, transmit or distribute in any way the Materials except that you may download one copy of the Materials to a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by qemp in writing or as allowed by any license terms that accompany or are provided with individual pieces of information and/or works of authorship. You may not remove any copyright or other proprietary notices from the Material. You agree to prevent any unauthorized copying of the Materials.
Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. Materials may not be copied, reproduced, modified, published, uploaded, posted, transmitted or distributed in any way, without qemp prior written permission. Except as expressly provided herein, qemp does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information. qemp may terminate this license at any time. Upon termination, you will immediately destroy the Materials.
18. Governing Law