Use of Material
All materials included in the Assessment are protected by copyright, trademark and other laws and are the property of USANA Health Sciences, Inc. (“USANA”), unless otherwise noted. Unauthorized use of such materials may violate copyright, trademark and other laws. You may download and print portions of the materials for non-commercial and informational use. Copies that you make of the material must bear an appropriate copyright, trademark or other proprietary notice, acknowledging USANA’s ownership (e.g., “Copyright USANA Health Sciences, Inc. All rights reserved.” Or “Trademarks are the property of USANA Health Sciences, Inc.”). Any other sale, modification, reproduction, re-distribution, publication or re-transmission of any information from the Assessment, in whole or in part without the prior written permission of USANA Health Sciences, Inc. is prohibited.
The information and services provided in the Assessment may contain typographical errors or technical inaccuracies. Information may be changed or updated without notice. USANA may also make improvements in and/or changes to the information described in the Assessment at any time without notice. USANA is not responsible for any errors or omissions in the Assessment or any web site which may be referenced within or linked to the Assessment. THE INFORMATION PROVIDED IN THE ASSESSMENT IS PRESENTED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OR TITLE. USANA MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE ASSESSMENT. ANY RELIANCE ON OR USE OF SUCH MATERIAL SHALL BE AT YOUR SOLE RISK. USANA MAKES NO REPRESENTATION OR WARRANTY THAT THE ASSESSMENT WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ASSESSMENT OR THE SERVERS HOSTING SUCH WEB SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.USANA ASSUMES NO LIABILITY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND, LOST PROFITS, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE USE OF OR INABILITY TO USE THE ASSESSMENT OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE ASSESSMENT, EVEN IF USANA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The information and materials provided in the Assessment are presented for the purposes of (i) offering you a personalized approach to measuring your health, (ii) providing you real-life solutions to help you improve your lifestyle and nutrition, and (iii) promoting the USANA opportunity and the USANA products available in your country of residence. THE PRODUCTS PROMOTED IN THE ASSESSMENT ARE NOT FOR SALE OUTSIDE YOUR COUNTRY OF RESIDENCE. USANA makes no representation that materials contained in the Assessment are in compliance with the laws of jurisdictions outside your country of residence. Individuals who choose to access the Assessment from countries outside their country of residence do so on their own initiative and for information purposes only. The terms and conditions herein shall be governed by the laws of your country of residence, without regard to that country’s conflicts of laws principles. You hereby submit to the jurisdiction of the courts of your country of residence for the purposes of litigating any lawsuit arising out of or in connection with these terms and conditions.
USANA Health Sciences, Inc., its subsidiaries and affiliated entities (“USANA”) must obtain your consent to entering into an electronic agreement with USANA, including a contract for the purchase of products from USANA, before you actually execute the online agreement. Please read the following information carefully.
If you purchase products from USANA through USANA’s online shopping cart, you do not need to complete a paper purchase order form to buy your products. The entire agreement between you and USANA with respect to your product purchase (“Purchase Agreement” or “Agreement”) will be evidenced by an electronic record of the purchase process. This electronic record serves as your acknowledgment that you consent to use an electronic record of your Purchase Agreement with USANA instead of completing a paper purchase agreement and that you have read and agree to be bound by USANA’s Online Purchase Terms and Conditions of Sale (“Purchase Terms and Conditions”).
To complete your online product purchase order, you will need the following hardware and software: A Personal Computer ("PC") with modem or other Internet access device, operational Internet browser software (e.g., Netscape Communicator or Internet Explorer), and Adobe Acrobat Reader (version 9.0 or later). If you do not have Adobe Acrobat Reader, you may download it for free at: http://www.adobe.com/products/acrobat/readstep2.html
During the online product order process, you will be required to read all the Purchase Terms and Conditions below that form your Purchase Agreement with USANA. USANA encourages you to print and retain the Purchase Terms and Conditions for future reference. Should you wish to obtain a printed copy of the Purchase Terms and Conditions, you may download and print a PDF (Portable Document Format) version of the same from USANA's Web site. Or, you may send a written request for those documents to: USANA Data Processing, P.O. Box 4000, Tooele, UT 84074 or email DataEntry@USANA.com . Your request must include your name, your Associate identification number, if applicable, your mailing address, and your E-mail address. Upon receipt of such a request, USANA will mail you the then current version of the Purchase Terms and Conditions. There is no charge for this service.
Should there ever be a change in the equipment or software necessary to access the terms and conditions of sale, USANA will advise you of the same and will provide you with a list of the equipment and software that is necessary. By clicking on the “Finish Order” button, you (i) agree and consent to contract electronically with USANA to complete your online purchase of USANA products, and (ii) acknowledge that you are entering into a legal Purchase Agreement and you intend to be legally bound by this electronic agreement. If you do not wish to consent to contract electronically with USANA, do not click on the “Finish Order” button.
PURCHASE TERMS & CONDITIONS
IF YOU ARE AN INDEPENDENT USANA ASSOCIATE, YOUR TERMS AND CONDITIONS OF PURCHASE, AS WELL AS YOUR RIGHTS AND RESPONSIBILITIES AS AN INDEPENDENT USANA ASSOCIATE, ARE EXPLAINED IN YOUR ASSOCIATE AGREEMENT. PLEASE REFER TO THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS OF THE USANA ASSOCIATE APPLICATION AND AGREEMENT AND THE ASSOCIATE POLICIES AND PROCEDURES FOR A COMPLETE EXPLANATION OF THE USANA PRODUCT WARRANTY AND EXCHANGE GUARANTEE, AND PRODUCT ORDERING, PAYMENT, SHIPPING AND RETURN AND REFUND POLICIES AS SUCH POLICIES APPLY TO OUR INDEPENDENT USANA ASSOCIATES.
IF YOU ARE A USANA “PREFERRED CUSTOMER” OR RETAIL CUSTOMER, ORDERING USANA PRODUCTS ONLINE THROUGH THE USANA WEB SITE, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE BEFORE COMPLETING YOUR ONLINE PURCHASE OF USANA PRODUCTS:
Payment Methods. You may purchase your USANA products online using a credit card (i.e., VISA, MASTERCARD, AMERICAN EXPRESS, DINERS CLUB and other accepted credit cards), Electronic Bank Draft or Electronic Funds Transfer (for Preferred Customers participating in the Autoship program)
Electronic Bank Draft Payment Program. The Electronic Bank Draft Program authorizes USANA to draft against your bank account for the amount of your product order. In order to participate in this program, you must complete the Electronic Bank Draft Program form and submit it to USANA along with a voided check.
Preferred Customer Auto Order Program. Preferred Customers may participate in the USANA Auto Order Program. Preferred Customers must contact USANA Distributor Services to participate in this program, which is a recurring order program. Once you initiate your Auto Order account, the account will remain active until you notify USANA in writing that you wish to cancel the account. Any notification of a change to your Auto Order account or a cancellation of the account must be received by USANA in writing no later than the Tuesday of the week prior to the Auto Order processing date. The credit card or bank account from which you authorize payment for your Auto Order will be automatically charged the amount of the order plus applicable shipping and sales tax. It is your responsibility to ensure you have sufficient available credit or adequate funds in your bank account the week prior to the processing date of your Auto Order.
Insufficient Funds and Declined Credit. USANA reserves the right to assess a reasonable charge for any electronic funds transfer returned unpaid by your bank. Thereafter, USANA reserves the right to deny your request to order products online through the Electronic Bank Draft Program. In the event that your credit card charge is declined, your order will not be accepted.
Back Order Policy. As a general rule, USANA will not back order out-of-stock items. However, USANA may back order Auto Order items, if necessary.
Shipping Discrepancies. If you fail to notify USANA of any shipping discrepancy or damage within
thirty (30) days of shipment, you may lose your right to request a correction.
USANA warrants the quality of its products and shall exchange any defective product.
Thirty (30) Day Return Policy for Retail Customers. If for any reason a Retail Customer is dissatisfied with any USANA product, he/she may return the product to USANA within thirty (30) days from the date of purchase for a replacement, exchange, or full refund of the purchase price.
Preferred Customer Return Policy. USANA offers Preferred Customers a 100%, 30-day, money back guarantee on their initial product order. If for any reason a Preferred Customer is dissatisfied
with any USANA product, he/she may return that product to USANA within thirty (30) days for replacement, exchange, or full refund of the purchase price. If a Preferred Customer returns merchandise equal to, or exceeding $100.00 USD, this will be deemed a voluntary cancellation of your Preferred Customer account.
Product Return Procedures. To receive a refund, exchange, or replacement on product purchased you must do the following:
• Obtain a Return Merchandise Authorization Number (RMA#) from the Distributor Services Department. This number must accompany all returned products;
• Return the product with the original confirmation of order to USANA;
• Use proper shipping carton(s) and packaging materials to return the product to USANA. You are responsible for tracing your return shipment should that be necessary.
• USANA is not liable for items lost in transit.
Delivery & Risk of Loss. USANA may deliver your products by common carrier. If USANA ships your products by common carrier, you agree to pay for freight, handling and other pertinent shipping charges to cover the cost of shipping your products from USANA’s warehouse to your shipping address. Where permitted by law, delivery of your products is complete when USANA delivers the products to the common carrier and title to the products and risk of their loss or damage in shipment pass to you at that time. Otherwise, delivery is complete upon receipt of the goods at your shipping address.
Images of Products on the USANA web site are for illustrative purposes only; actual Products may differ from such images.
USANA reserves the right to update or modify these Purchase Terms and Conditions at any time and without prior notice. For this reason, you should review these Purchase Terms and Conditions each time you purchase products from us.
If any provision of these Purchase Terms and Conditions or your Purchase Agreement with USANA is held invalid or unenforceable by a court of competent jurisdiction in your country of residence, the remaining Purchase Terms and Conditions or provisions of your Purchase Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any Purchase Term and Condition or provision or condition of your Purchase Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that Term or Condition, provision or condition or any other term, provision or condition of your Purchase Agreement with USANA.
You may not assign, charge, sub-contract or otherwise transfer your rights or obligations under these Purchase Terms and Conditions or any provision, term or condition of your Purchase Agreement with USANA. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer your Purchase Agreement, or any of our rights or obligations arising under your Purchase Agreement, at any time – providing such action does not serve to reduce the guarantees benefiting you under the Purchase Terms and Conditions of your Purchase Agreement with USANA.
Your Purchase Agreement is made for your benefit and the benefit of USANA and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree to any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.
These Purchase Terms and Conditions and your Purchase Agreement represent the complete agreement between you and USANA with respect to your online product purchase, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
This Purchase Agreement will be governed by and interpreted in accordance with the laws of your country of residence. Any action relating to your use of the Assessment or your online purchase must be brought in the appropriate court of competent jurisdiction in your country of residence.
If you are a consumer purchasing products or services online from USANA for personal, family, or household purposes, you may have additional rights pursuant to applicable laws and regulations of your country of residence pertaining to digital signatures and completion and authentication of electronic contracts. Please read the following disclosure carefully. It describes your rights to elect to contract electronically with us.
PRODUCT RETURN POLICY
USANA warrants the quality of its products and shall exchange any defective product. Anyone returning a damaged or defective product must complete the Associate Product Exchange or Return. Product exchanges made for the purpose of favorable gain through maximizing commissions or manipulating the Binary Compensation Plan (as evidenced through patterns observed outside of the average Associate pattern of exchanges) will not be honored and are considered a material breach of the Associate Agreement.
Thirty (30) Day Return Policy
USANA obligates its Associates to honor the Company’s 100 percent, unconditional, 30-day, money-back guarantee to all retail customers. If for any reason a retail customer is dissatisfied with any USANA product, he/she may return the product to the Associate from whom the product was purchased within thirty (30) days from the date of purchase for a replacement, exchange, or full refund of the purchase price. If the retail customer requests a refund, the Associate who sold the product to the retail customer must immediately refund the retail customer’s purchase price. (Retail customers must return merchandise to the Associate who sold it to them; USANA will not accept returned merchandise directly from retail customers.) The Associate, in turn, should complete a Dissatisfied Consumer Product Return and forward the form along with the original sales receipt and returned merchandise to USANA. USANA will then replace the returned merchandise with like product and ship it to the Associate. All retail customers must be provided with two copies of an official USANA Retail Sales Receipt at the time of the sale. The back of the receipt provides the customer with written notice of his/her rights to cancel the sales agreement.
USANA offers Preferred Customers, and retail customers who order directly from an official Assessment, a 100 percent, 30-day, money back guarantee on their initial product order. If for any reason a Preferred Customer is dissatisfied with any USANA product, he/she may return that product to the Company within thirty (30) days for replacement, exchange, or full refund of the purchase price. If a Preferred Customer returns merchandise equal to or exceeding $100.00 US, this will be deemed a Voluntary Cancellation. For all other returns, the Company shall repurchase the inventory pursuant to the terms of section 7.3. Moreover, the Company will adjust the appropriate Associates’ sales volume pursuant to section 6.2.
The personal information collected through the Assessment is initially collected by H2Wellness, a company with headquarters in Los Angeles, California, USA, and is then securely transmitted to USANA’s server, which is located in Salt Lake City, Utah, USA. H2Wellness is a HIPPA compliant vendor and follows strict policies of data control and security. USANA may use this personal data for general statistical and analytical reports and marketing research.
CONSENT TO COLLECTION & USE OF PERSONAL INFORMATION; CONSENT TO CONTACT
By using the Assessment you expressly consent to the collection and transmission of the personal information collected in the assessment as explained above, including the transmission of your personal data to USANA’s server in Salt Lake City, Utah, USA and, as may be necessary from time to time, to the company’s employees, directors and officers working for USANA’s associated and affiliated companies, local and foreign.
YOU ALSO GIVE USANA CONSENT TO contact you by telephone, facsimile transmission, e-mail, or text, FOR DIRECT MARKETING PURPOSES AND concerning your CUSTOMER ACCOUNT AND YOUR PURCHASING ACTIVITY, OR, IF APPLICABLE, YOURindependent USANA distributorship, your Associate Agreement, and any related USANA matter.
COLLECTION OF PERSONAL INFORMATION - We do not collect any more information about the customer than is required by law or is otherwise necessary to provide a high level of service efficiently and securely.
CHILDREN - We do not solicit personal information from or market to persons under the age of 18.
LINKS TO OTHER WEB SITES - As a resource to individuals using the Assessment, we may provide links to other web sites, which we believe are useful and meet our high standards. However, USANA is not responsible for the contents of such linked web sites. In particular, USANA is not responsible for the privacy notices or practices provided in such linked web sites.
OUR EMPLOYEES AND PRIVACY - We train all our employees about the importance of privacy. We give access to information about customers only to those employees who require it to process your order.
SECURITY MEASURES - We make access to privacy-sensitive information subject to rigorous procedural and technological controls, consistent with legal requirements and the demands of customer service.
DISCLOSURE TO THIRD PARTIES - We will provide individually-identifiable information about customers to third parties (not including business partners) ONLY if (i) we are compelled to do so by order of a duly-empowered governmental authority or court of competent jurisdiction, (ii) we have the express permission of the customer, or (iii) it is necessary to process transactions and provide our services.
EMAIL & PHONE Correspondence – USANA may record telephone conversations / electronic mail messages for the purpose of resolving disputes regarding transactions. Information, if required to settle disputes, will be made available to third party agencies such as local courts, our company law firm, and other involved parties such as banks.
CUSTOMER ACCESS TO PERSONAL INFORMATION – You have the right to request and obtain from USANA your personal information that USANA maintains in its files and correct any data that are inaccurate (unless an exception applies). You may also request USANA to inform you of the specific type of personal information that USANA maintains in its files. Requests for access to and correction of personal data or information about USANA’s policies and practices regarding personal data should be addressed in writing to USANA Customer/Distributor Services by email, fax or mail at the address / phone number listed on our web site.
DISCONTINUING SERVICE - We provide you the opportunity to discontinue receiving future e-mail communications from us at the point where we request information from you. This gives you the option to remove your e-mail address from our database so that you do not receive any future mailings and no longer receive our service. You can exercise this option at any time by sending us an e-mail or written letter to our Distributor or Customer Service department. If you do discontinue service, you will not be able to use password-protected areas of our site.