Use of Material
All materials included on the USANA Web Site are protected by copyright, trademark and other laws and are the property of USANA Health Sciences, Inc., 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 any copyright, trademark or other proprietary notices located on the USANA Web Site, which pertain to the material being copied. Any other sale, modification, reproduction, re-distribution, publication or re-transmission of any information from the USANA Web Site, in whole or in part without the prior written permission of USANA Health Sciences, Inc. is prohibited.
The information and services published on the USANA Web Site 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 USANA Web Site at any time without notice. USANA is not responsible for any errors or omissions in the USANA Web Site or any web site which may be referenced within or linked to the USANA Web Site.
INFORMATION ON THE USANA WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED 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 USANA WEB SITE. ANY RELIANCE ON OR USE OF SUCH MATERIAL SHALL BE AT YOUR SOLE RISK. USANA MAKES NO REPRESENTATION OR WARRANTY THAT THE USANA WEB SITE WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE USANA WEB SITE 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 USANA WEB SITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE USANA WEB SITE, EVEN IF USANA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The materials in the USANA Web Site are presented solely for the purpose of promoting the USANA opportunity and the USANA products available in your country of residence. THE PRODUCTS PROMOTED ON THE USANA WEB SITE ARE NOT FOR SALE OUTSIDE OF YOUR COUNTRY OF RESIDENCE. USANA makes no representation that materials contained in the USANA Web Site are in compliance with the laws of jurisdictions outside of your country of residence. Individuals who choose to access the USANA Web Site from countries outside of 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.
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.
By ordering products online from USANA, (1) you agree and consent to (i) contract electronically with us for the products or services you have requested in accordance with this Agreement and (2) you understand that you are entering into a legal agreement and you intend to be legally bound by this Agreement. In order to access, download, and print this Agreement, you need Adobe Acrobat Reader 9.0 or higher. Changes to these hardware and software requirements will be posted here. You may also request to receive a copy of this Agreement in writing from USANA free of charge within thirty (30) days after you have entered into this Agreement with USANA.
If you do not consent to the above, please cancel your request, and by so doing you will not be able to complete your online transaction.
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 USANA Web site, 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
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 our visitors 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.
Electronic Signature / Consent to Contract Electronically
USANA Health Sciences, Inc. (“USANA”) requires your consent to enter into an electronic agreement with USANA before you complete your online enrollment.
Please note if you complete the online Associate/Distributor Application and Agreement, you DO NOT need to complete and submit a paper application to become a USANA Independent Associate. The entire agreement between you and USANA, with respect to your application to become an independent USANA Distributor, will be evidenced by an electronic record of the application process. This electronic record serves as your acknowledgment that you consent to use an electronic record of your agreement with USANA instead of a paper contract and that you have read and agree to be bound by the Terms and Conditions of the Associate/Distributor Application and Agreement, USANA’s Policies and Procedures, and the USANA Compensation Plan, which documents form the basis of your entire Associate/Distributor Agreement with USANA.
To access the documents that make up the entire Associate Agreement and submit your online Associate Application and Agreement, 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., Safari or Internet Explorer), and Adobe Acrobat Reader. If you do not have Adobe Acrobat Reader, you may download it for free at: http://www.adobe.com/products/acrobat/readstep2.html
Should there ever be a change in the equipment or software necessary to access the terms of the Associate/Distributor Agreement, USANA will advise you of the same and will provide you with a list of the equipment and software necessary.
You may withdraw your consent to the use of electronic records at any time. However, if you do so, your Associate/Distributor Agreement will be automatically terminated and you will lose all rights to any downline organization (including but not limited to any property rights you may have), and you will lose all rights to all remuneration under the USANA Compensation Plan. Should you wish to withdraw your consent to the exclusive use of an electronic agreement (and thereby terminate your Associate Agreement with USANA) you may do so at any time and for any reason by providing written notice to USANA indicating your intent to discontinue your Distributorship. The written notice must include your signature, printed name, address, and USANA identification number.
During the online enrollment process, you must read all the documents that form the Associate Agreement (which includes the Terms and Conditions of the Associate/Distributor Application and Agreement, USANA’s Policies & Procedures and the USANA Compensation Plan) in their entirety. USANA encourages you to print and retain these documents for future reference. Should you wish to obtain a printed copy of the Terms and Conditions of the Associate/Distributor Application and Agreement, the Policies & Procedures, and/or the Compensation Plan, you may download and print a PDF version of the same from USANA's website. Or, you may send a written request for those documents to USANA Data Processing, P.O. Box 4000, Tooele, UT 84074 or e-mail email@example.com. Your request must include your name, your USANA identification number, your mailing address, and your e-mail address. Upon receipt of such a request, USANA will mail you the then current version of each document. There is no charge for this service.
By completing the online enrollment process, you (i) agree and consent to contract electronically with USANA to become an independent USANA Distributor, and (ii) acknowledge that you are entering into a legal agreement and you intend to be legally bound by this electronic agreement. You may decline to complete the online enrollment process in which case the process of electronically completing your Associate/Distributor Application and Agreement and executing the same will be terminated.