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Consent |
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| Please Read These Terms Of Use Carefully Before Using This Site. By Using This Site, You Agree To These Terms Of Use. If You Do Not Accept These Terms Of Use, Do Not Use This Site. |
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Modification |
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| We reserve the right to modify or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, updates and revisions. You should visit this page from time to time to review the current terms. |
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Copyright |
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| All content provided on this Site, such as text, graphics, images, etc., is our property or the property of our licensors and is protected by US and international copyright laws. The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by US and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited. |
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Trademarks |
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| Unless otherwise noted, the trademarks, service marks and logos (“Trademarks”) used and displayed on this Site are our registered and unregistered Trademarks and the Trademarks of our licensors. Nothing on this Site should be construed as granting, by implication, stopple or otherwise, any license or right to use any Trademark displayed on the Site. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. |
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Use of Site |
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| We grant you a limited license to access and make personal use of the Site, subject to these Terms of Use. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us. We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that customer conduct violates applicable laws or is harmful to our interests.
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Linking |
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Links to third party web sites may be provided on this Site. If so, they are provided solely as a convenience to you. If you use such links, you will leave this Site. We have not reviewed all such third party sites (if any) and do not control and are not responsible for any of these web sites and their content. We do not endorse or make any representations about such web sites or any information or materials found there, or any results that may be obtained from using them.
If you access any third party web sites linked from this Site, you do so at your own risk.
No hyperlinks to this Site are permitted without our prior written consent. If you would like to link to this Site from your web site, please submit via email your request to link to this Site to admin@myqlique.com .
Unless you receive our express written consent, your request to link to this Site shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of MYQLIQUE, a web site that links to this Site:
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Shall not imply, either directly or indirectly, that MYQLIQUE is endorsing its products; |
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Shall not use any of our Trademarks or the Trademarks of our licensors; |
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Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups; |
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Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill; |
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Shall not present false or misleading information about us or the MYQLIQUE opportunity; |
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Shall not misrepresent any relationship with us; |
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Shall not replicate in any manner any content in the Site; and |
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Shall not create a browser or border environment around Site material. |
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Intellectual Property Infringement |
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| We respect the intellectual property rights of others. If you believe that your intellectual property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. |
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A physical signature of the person authorized to act on behalf of the owner of the copyright interest; |
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A description of the copyrighted work that you claim has been infringed upon; |
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A description of where the material that you claim is infringing is located on the Site; |
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Your address, telephone number and email address; |
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A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by the law; |
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A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. |
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Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
MYQLIQUE, LLC
Attn:
Copyright Agent
388 State Street,
Suite 420
Salem, OR 97301
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Submissions |
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We are always pleased to receive your comments and suggestions regarding this Site and our products. If you transmit to us or post comments, suggestions, ideas, information, materials or other communications (collectively “Submissions”) in response to any content on this Site or our products or opportunity, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
You agree that you shall not post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law. |
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International |
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| The Site is intended for viewing and use in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws. |
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Privacy |
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| MYQLIQUE respects your privacy and the privacy of other visitors to the Site. To learn about our privacy practices and policies, please see our Privacy Policy. |
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Disclaimer of Warranties |
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All Content Included In Or Available Through This Site (The "Content") Is Provided "As Is" And "As Available." The Content Is Provided Without Warranties Of Any Kind, Either Express Or Implied, Including, But Not Limited To, Implied Warranties Of Merchantability, Fitness For A Particular Purpose, Or No infringement. We Do Not Warrant That The Content Is Accurate, Reliable Or Correct, That This Site Will Be Available At Any Particular Time Or Location, Or That Any Defects Or Errors Will Be Corrected. [This Site May Include Technical Inaccuracies Or Typographical Errors.]
We May Improve Or Change The Products Described In This Site At Any Time Without Notice. We Assume No Responsibility For And Disclaim All Liability For Any Errors Or Omissions In This Site Or In Other Documents Which Are Referred To Within Or Linked To This Site. Some Jurisdictions Do Not Allow The Exclusion Of Implied Warranties, So The Above Exclusion May Not Apply To You.
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Limitation of Liabilities |
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| Under No Circumstances Shall We Be Liable For Any Damages, Including Indirect, Incidental, Special, Or Consequential Damages That Result From The Use Of, Or Inability To Use, This Site Whether Based On Actions In Contract, Tort, Negligence, Strict Liability, Or Otherwise, Even If We Have Been Advised Of The Possibility Of Such Damage. |
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Applicable Law |
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| This Site is created and controlled by us in the State of Oregon. The laws of the State of Oregon govern these terms and conditions, without giving effect to any principles of conflicts of laws.
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Our Address |
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MYQLIQUE,
LLC
388 State Street,
Suite 420
Salem, OR 97301
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Effective Date |
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| These Terms of Use are effective as of July 1, 2009. |
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Terms and Conditions |
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I understand that as a MYQLIQUE Representative: |
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I have the right to offer for sale MYQLIQUE products and services in accordance with these Terms and Conditions. |
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I have the right to enroll persons in MYQLIQUE. |
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If qualified, I have the right to earn commissions pursuant to the MYQLIQUE Career Plan. |
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I agree to present the MYQLIQUE Career Plan and MYQLIQUE products and services as set forth in official MYQLIQUE literature. |
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I agree that as a MYQLIQUE Representative I am an independent contractor, and not an employee, partner, legal representative, or franchisee of MYQLIQUE. 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 MYQLIQUE FOR FEDERAL OR STATE TAX PURPOSES. MYQLIQUE is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind. |
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I have carefully read and agree to comply with the MYQLIQUE Policies and Procedures and the MYQLIQUE Success 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”). I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from MYQLIQUE. I understand that these Terms and Conditions, the MYQLIQUE Policies and Procedures, or the MYQLIQUE Success Plan may be amended at the sole discretion of MYQLIQUE, and I agree to abide by all such amendments. Notification of amendments shall be posted on the MYQLIQUE website. Amendments shall become effective 30 days after publication. The continuation of my MYQLIQUE business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments. |
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The term of this Agreement is one year and may be renewed for successive one year terms upon payment of the annual renewal fee. If I fail to annually renew my MYQLIQUE business, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as a Representative. I shall not be eligible to sell MYQLIQUE 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 non renewal, 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. MYQLIQUE reserves the right to terminate all Representative Agreements upon 30 days notice if the Company elects to: |
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cease business operations; |
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dissolve as a business entity; or |
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terminate distribution of its products and/or services via direct selling channels. Representative may cancel this Agreement at any time, and for any reason, upon written notice to MYQLIQUE at its principal business address. MYQLIQUE may cancel this Agreement for any reason upon 30 days advance written notice to Representative. |
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I may not assign any rights or delegate my duties under the Agreement without the prior written consent of MYQLIQUE. Any attempt to transfer or assign the Agreement without the express written consent of MYQLIQUE renders the Agreement voidable at the option of MYQLIQUE and may result in termination of my business. |
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I understand that if I fail to comply with the terms of the Agreement, MYQLIQUE may, at its discretion, impose upon me disciplinary action 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. |
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MYQLIQUE, 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 MYQLIQUE 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 MYQLIQUE and its affiliates from all liability arising from or relating to the promotion or operation of my MYQLIQUE business and any activities related to it (e.g., the presentation of MYQLIQUE products or the MYQLIQUE Career Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify MYQLIQUE for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business. |
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The Agreement, in its current form and as amended by MYQLIQUE at its discretion, constitutes the entire contract between MYQLIQUE and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect. |
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Any waiver by MYQLIQUE of any breach of the Agreement must be in writing and signed by an authorized officer of MYQLIQUE. Waiver by MYQLIQUE of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach. |
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If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect. |
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This Agreement will be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of laws. All disputes and claims relating to MYQLIQUE, the Representative Agreement, the MYQLIQUE Career Plan or its products and services, the rights and obligations of an independent Representative and MYQLIQUE, or any other claims or causes of action relating to the performance of either an independent Representative or MYQLIQUE under the Agreement or the MYQLIQUE Policies and Procedures shall be settled totally and finally by arbitration in Lebanon, Oregon, or such other location as MYQLIQUE prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. All issues related to arbitration shall be governed by the Federal Arbitration Act. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The prevailing party shall be entitled to receive from the losing party costs and expenses of arbitration, including legal and filing fees. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent MYQLIQUE from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding. |
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The parties consent to jurisdiction and venue before any federal district court in Oregon or any state court in Oregon, for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration. |
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Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law. |
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Montana Residents: A Montana resident may cancel his or her Representative Agreement within 15 days from the date of enrollment, and may return his or her Representative Kit for a full refund within such time period. |
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If a Representative wishes to bring an action against MYQLIQUE 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. Failure to bring such action within such time shall bar all claims against MYQLIQUE for such act or omission. Representative waives all claims that any other statutes of limitation apply. |
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I authorize MYQLIQUE to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use. |
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A faxed copy of the Agreement shall be treated as an original in all respects. |
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Notice Of Right To Cancel |
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| Date of Transaction: ______________________ |
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| 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 MYQLIQUE, 388 State Street, Suite 420, Salem, OR 97301 NOT LATER THAN MIDNIGHT of the third business day following the date above. |
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| I Hereby Cancel This Transaction. |
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| Buyer’s Signature ___________________ Date ______ |
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| Refund Policy |
| MyQlique offers 90 days money back guarantee. |
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