Motivescosmetics.com Terms of Use

December 13, 2013

Welcome to motivescosmetics.com. Market America, Inc. and/or its Affiliates provide Web site features to you subject to the following terms of use (the "Terms"). The Site includes any Motives cosmetics-branded URL, including, without limitation, www.motivescosmetics.com, and features, content and applications offered from time to time in connection with motivescosmetics.com (collectively, the "Site").

We work closely with Shop MA, Inc., SHOP.com Marketplace, Inc., Conquer Entertainment, Inc., Live Enterprise, LLC, Market America Worldwide, Inc. and each of their various subsidiaries and affiliated companies (collectively the “Affiliates. For this reason, throughout these Terms, references made to “Market America” “MA” “Company” “we” “us” and “our” collectively include Market America, Inc., and the Affiliates. The Site is hosted in the United States.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU SHOULD REVIEW THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS THEY CREATE A BINDING CONTRACT BETWEEN MA AND YOU.

1. Binding Effect / Users. These Terms of Use (“Terms”) set forth the legally binding terms for your Use of the Site. “Use” of or “Using” the Site includes browsing, using or accessing all or any part of the Site. Your Use of the Site signifies that you have read, understand and agree to be bound by these Terms, whether you are a "Visitor" (which means that you Use the Site without being registered) or a "Registered User" (which means that you have registered with Motivescosmetics.com OR you have registered with any other MA site and logged into Motivescosmetics.com). If you are a Registered User and not a MA Independent Distributor, you will be deemed a “MA Preferred Customer.” The term "User" refers to a Visitor or a Registered User. You are only authorized to Use the Site (regardless of whether your Use is intended) if you agree to abide by all applicable laws and these Terms. If you do not agree to abide by all applicable laws and these Terms, you should discontinue Use of the Site immediately. To become a Registered User you must indicate your acceptance of these Terms during the registration process. If you have previously registered with any other MA site, your login or Use of the Site indicates your acceptance of these Terms.

2. Other Policies / Terms. All policies currently posted on the Site, and all policies that may be posted by us on the Site in the future, in our sole discretion, are hereby incorporated into the Terms.

3. Modification of Terms. WE RESERVE THE RIGHT TO CHANGE, ADD TO OR DELETE PORTIONS OF THESE TERMS WITHOUT FURTHER NOTICE TO YOU, IN OUR SOLE DISCRETION. If we do this, we will post such modifications on the Site. Each such modification shall be effective upon posting. Your continued Use of the Site after MA posts a modification signifies your acceptance of such modification. It is your responsibility to review these Terms regularly to ensure you are aware of any changes.

4. Eligibility. Being a Registered User of the Site (“Registration”) is void where prohibited by law. By Using the Site, you represent and warrant that (a) all registration information you submit to the Site and all other MA sites is truthful, accurate, current and complete; (b) you will update and maintain the accuracy of such information; (c) you have legal capacity and are of legal age to accept and agree to be bound by these Terms (as per the laws and regulations of your jurisdiction); and (d) your Use of the Site does not violate any applicable law, rule or regulation. Your Registration may be terminated without notice, if we believe that you are not of legal age or otherwise lack legal capacity to accept and agree to be bound by these Terms or as otherwise permitted herein.

5. Termination of Registration/Access. MA reserves the right, in its sole discretion, to terminate your Registration and/or to deny, restrict, suspend or terminate your Use of all or any part of the Site at any time, for any reason or no reason at all, with or without notice or explanation, and without liability. MA expressly reserves the right to terminate your Registration and/or deny, restrict, suspend, or terminate your Use of all or any part of the Site if MA determines, in its sole discretion, that you have violated these Terms or that you may pose a threat to Motivescosmetics.com and/or its Users. After Registration and/or access is terminated, these Terms will terminate, but the following provisions will still apply: Sections 1, 2, 5, 7.1, 7.3, 7.4, 7.5, 7.6, 8, 15.7, 16, 17, 19, 20, 21 and 22.

6. Password. When you register for Motivescosmetics.com, an account will be created and you will be prompted to create an account, username and password. If you previously registered with another MA site, you already have a username and password, and you may log in to your account on the Site using the same username and password. You are responsible for maintaining the confidentiality and security of your password. You agree not to use the account, username, or password of another Registered User at any time. You further agree not to disclose your password to any third party. You agree to notify MA immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account and for all actions that take place through the use of your account.

7. Proprietary Rights to Site Content.

    7.1. Rights to Site Content. All content available on the Site, including without limitation, designs, text, blog posts, graphics, profiles, messages, notes, advertisements, listings, pictures, images, video, bios, information, reviews, works of authorship, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content") are the proprietary property of MA or its licensors with all rights reserved. Except as expressly provided in these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, use, perform, post, display, frame, reproduce, republish, download or sell all or any part of the Site Content, in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without MA’s prior written permission.
    7.2. License to Site Content.. If you are a current Registered User of Motivescosmetics.com, you are granted a limited, revocable license to Use the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, or publish the Site Content in any other form or format. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any Use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. Such unauthorized Use may also violate applicable laws including copyright and trademark laws and communications regulations and statutes. Except as expressly stated herein, any Use of the Site Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
    7.3. Registered User Information.. When you register with Motivescosmetics.com or any other MA site you will be asked to provide certain personal information which may include, without limitation, your name, address, telephone number, e-mail address, age, gender, corporate information, testimonial, credit or debit card information and date of birth (“Personal Information”). You may also provide additional information in your discretion, such as interests, hobbies, lifestyle choices, skin/hair color, complexion, skin/hair type, skincare and beauty habits and concerns, your spending habits, groups with whom you are affiliated (ex. schools, companies), preferences for customizing your Motivescosmetics.com home page, your favorite movies, bands, artists, music genres, actors, sports and teams (“Discretionary Information”). All information you provide to MA through Motivescosmetics.com or another MA site (including Personal Information and Discretionary Information) is considered your “Registered User Information”, and you are solely responsible for all such information. By providing the “Registered User Information,” you expressly consent to MA’s use of the Personal Information as described in these Terms and our Privacy Policy.
    7.4. Right to Use Registered User Information.. You authorize us to make such copies of your Registered User Information as we deem necessary to facilitate its use and storage. You also grant us the right to use any of your Registered User Information to provide you with targeted advertising or promotional material, to offer personalized features, to complete surveys, studies or data analysis conducted by MA or any of its partners or for other promotional or marketing purposes.
    7.5. Copyright/Patent.. All Site design, text, graphics, blog posts, logos, button icons, images, photos, audio clips, video clips, MA Marks (as defined below) digital downloads and data compilations are owned solely and exclusively by MA or its content suppliers and are protected by U.S. and international copyright or patent laws. The compilation, “look and feel” and color schemes of all content on the Site are the exclusive property of MA and protected by U.S. and international copyright laws. All software used on the Site is the property of MA or its software suppliers and protected by United States and international copyright or patent laws.
    7.6. Trademarks.. “Market America,” “Motives®,” the Market America logo, "Motivescosmetics.com™,” “Built on Product, Powered by People®,” all MA product and service names and logos, "UnFranchise®," and all other MA graphics, page headers, button icons, logos, scripts and all registered and unregistered marks and service names used by MA are service marks, trade names, trademarks and/or trade dress of MA or (collectively “MA’s Marks”). You may not use MA’s Marks for any reason or purpose whatsoever. All trademarks not owned by MA that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MA.

8. Protecting Copyrights and Other Intellectual Property. MA respects the intellectual property rights of others. Following is our Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MA’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying MA that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of the location on the Site of the material that you claim is infringing;
  • Your address, telephone number, and e-mail address;
  • 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 the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

MA’s Agent for Notice of copyright infringement can be reached as follows:

By Mail
Copyright Administrator
Market America, Inc.
1302 Pleasant Ridge Road
Greensboro, North Carolina 27409.
By Email
copyrights@marketamerica.com

9. Pricing. Except where noted otherwise, the Price displayed for items on the Site represents the full retail price of the item. Despite our best efforts, a small number of items on the Site may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

10. Payment. When you purchase an item from the Site, you must provide a valid credit or debit card number. You represent and warrant that you are an authorized user of the credit or debit card. You are responsible for payment of all applicable federal, state/province, local and city taxes and for all shipping and handling charges. All applicable taxes and shipping and handling charges will be included on your order invoice.

11. MA Return Policy. MA’s return policy can be found at: ca.motivescosmetics.com/site/return-policy

12. MA Shipping Policy. MA’s shipping policy can be found at ca.motivescosmetics.com/site/shipping-policy

13. Risk of Loss. The risk of loss and title for all items purchased from the Site pass to you upon delivery of the items to the shipper.

14. Product / Service Descriptions. We make every attempt to provide you with accurate information, but we do not warrant or guarantee that product and service descriptions, colors or other contents of the Site are accurate, complete, reliable, current, or error-free. Actual colors may differ from their appearance on your computer screen due to variations in monitor settings. Color swatches should be used as a general reference only. If a product offered on the Site is not as described, your sole remedy is to return it to MA in unused condition for a refund, as set forth in the MA Return Policy.

15. ma Cashback.

    15.1. If you are a MA Preferred Customer, you are automatically enrolled in the ma Cashback program, which allows you to get 2% cash back for your qualifying purchases, and, when you refer your friends, to also receive .5% cash back on the qualifying purchases your friends make. The cash you earn can be used as a payment option to pay for products available through the Site. Additionally, you may request redemptions from your cash back account, subject to then-current minimum redemption requirements (currently USD$50).

    15.2. Preferred Customers will be credited, subject to these Terms, a percentage of the Net Purchases of qualifying MA-branded products that display the ma Cashback logo. “Net purchase” is defined as the total amount paid for the product, minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees. MA reserves the right, in its sole discretion, to determine which products will display the ma Cashback logo.

    15.3. Cash back rewards for qualifying MA-branded products will post to your cash back account immediately. After this point, if the purchase is eligible, it will be marked as “available” in your cash back account and the associated cash back rewards will be eligible for redemption. It is your responsibility to ensure that we properly post cash back rewards to your cash back account.

    15.4. Adjustments for erroneously credited Cash back shall be applied to your cash back account at any time by MA in its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the ma Cashback program.

    15.5. You will not earn cash back on purchases where (a) your browser is not configured to accept cookies; (b) you are not logged in as a Preferred Customer; (c) the order is later cancelled or the goods or services are later returned; or (d) you conduct "sham" transactions, make any misrepresentation in connection with your participation in ma Cashback, maintain multiple cash back accounts, or do not otherwise comply with these Terms.

    15.6. Cash back rewards have no monetary value until the associated purchases are approved and you make a proper redemption request. You may be taxed on your accrual of cash back rewards, depending on the amount of cash back rewards you accrue and the tax laws of federal, state, and local jurisdictions. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of cash back rewards.

    15.7. We may close your cash back account if we terminate your Registration and/or deny, restrict, suspend or termination your Use of all or any part of the Site, if you terminate your Registration, or if your cash back account has been inactive for 12 months (i.e., no qualifying purchases during the prior 12-month period). Accrued but unredeemed cash back rewards in cash back accounts that are closed will be returned to MA.

    15.8. MA reserves the right to terminate the ma Cashback program at any time with notice. Notification of termination will be sent to the email address you provide to MA during the Preferred Customer registration process.

16. Privacy and Terms of Service. Use of the Site is subject to the Motivescosmetics.com Privacy Policy, which is incorporated into these Terms by this reference.

17. Disclaimers.

    17.1. Users. MA is not responsible or liable, and makes no warranties, express or implied, for the conduct of any User of the Site.

    17.2. Third Party Web Sites. The Site may contain links to third party Web sites. MA is not responsible or liable for the content, completeness, accuracy or opinions expressed on such third party Web sites. Inclusion of any linked Web site on the Site does not imply MA’s approval or endorsement of, or agreement with, the content of the Web site. If you choose to access third party Web sites, you do so at your own risk.

    17.3. Third Party Advertisements / Applications. MA is not responsible or liable for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers.

    17.4. Availability of the Site. The Site or any portion thereof may be unavailable from time to time for maintenance or other reasons. MA assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. MA is not responsible for any problem or technical malfunction of any telephone networks, services or lines, computer systems, online systems, servers or providers, computer, mobile phone or other equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Site or combination thereof, including any injury or damage to User’s or to any other person's computer, mobile phone, smart phone, tablet or other equipment related to or resulting from Use of the Site. Under no circumstances shall MA be responsible or liable for any loss or damage, including without limitation, personal injury, property injury or death, resulting from anyone’s use of the Site, or from the conduct of any User(s) of the Site.

    17.5.DISCLAIMER OF WARRANTIES. THE SITE AND SITE CONTENT ARE PROVIDED "AS-IS" AND AS AVAILABLE AND MA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MA DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. MA DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES AND MALWARE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER EQUIPMENT, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

18. Limitation on Liability. IN NO EVENT SHALL MA, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE SITE CONTENT EVEN IF MA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO MA FOR USE OF THE SITE ONLY, IF ANY, DURING THE TIME YOUR ARE A REGISTERED USER OF THE SITE. YOU ACKNOWLEDGE THAT IF YOU DO NOT PAY FEES TO MA FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM MA, REGARDLESS OF THE CAUSE OF ACTION.

19. U.S. Export Controls. Software available in connection with the Site (the "Software") is subject to United States export controls. You may not download from the Site or otherwise export or re-export the Software in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

20. Disputes. These Terms shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to its conflict of law provisions. Any and all actions or proceedings arising out of or relating to these Terms, the Site or the Site Content, shall be instituted and litigated in a court of competent jurisdiction in Guilford County, North Carolina. You and MA hereby agree to submit to the exclusive personal jurisdiction of the courts located in Guilford County, North Carolina to resolve any dispute arising out of these Terms, the Site or the Site Content. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.

21. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND MA AGREE THAT EACH OF US MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MA AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF THE SITE.

22. Indemnity. You agree to indemnify and hold harmless MA and its representatives, officers, employees, directors, agents, and assigns, at your own expense, from and against any and all loss, liability, claims, damages, suits, demands, actions and/or costs (including without limitation reasonable attorney fees and costs) made by any third party arising out of or related to a) your actions or inactions; b) the Use of your Motivescosmetics.com account by you or any other person; c) your breach or violation of these Terms; d) your breach of the representations and warranties set forth in these Terms; and/or e) Registered User Information provided by you or any person through your account.

23. Other. These Terms are accepted upon your Use of the Site as a Visitor, and are further affirmed by you becoming a Registered User. These Terms, including all documents referenced herein, as such may be modified from time to time, constitute the entire agreement between you and MA regarding the Use of the Site. The failure of MA to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: customerservice@shop.com with any questions about these Terms.

I HAVE READ AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN THESE TERMS.