Terms & Conditions
For purposes of this Agreement, the following terms have the following meanings:
• The “Basiks at Home™ Independent Representative (herein IRep) Agreement” means the IRep Contract, collectively with the IRep Terms and Conditions attached to or accompanying such contract.
• A Basiks at Home™ IRep is an individual (a) who has agreed, pursuant to the terms of an IRep Agreement, to be an IRep, (b) who remains an active IRep in good standing.
• If you are a Basiks at Home™ IRep, you acknowledge and agree that your use of the Company’s Websites is subject not only to this Agreement, but also to the terms and conditions contained in your Basiks at Home™
1. Note Regarding Basiks at Home™ IRep Personalized Replicated Websites.
Basiks at Home™ IReps are independent third party contractors of the Company and are not otherwise affiliated with Basiks at Home™. The Company is not responsible or liable for the statements, acts or omissions of Basiks at Home™ IReps, whether through or in connection with the Company’s Websites, “offline,” or otherwise. Without limiting the foregoing, although The Company enables Basiks at Home™ IReps to create personalized online websites that contain Basiks at Home™ branding and content and that may share URLs with certain Company’s Websites (for example, URLs such as “www.mybasiksathome.com/[IRep’s name]”), you acknowledge and agree that the Company has no control over, and is not responsible or liable for, any text, images, or other information or materials posted by Basiks at Home™ IReps to such personalized online sites or any customizations made by IReps to such personalized online sites (such information, materials, and customizations, the ” Basiks at Home™ IRep Content”) or any materials communicated by an IRep to you. The Company has not taken any steps to confirm the accuracy or reliability of any Basiks at Home™ IRep Content or other materials communicated by an IRep to you, and makes no representations or warranties as to the security of any communications between you and IRep undertaken using Basiks at Home™ IRep Content (for example, email links posted by a Basiks at Home™ IRep).
2. Restricted Uses.
The Company’s Websites are owned and operated by the Company. The contents of the Company’s Websites are copyrighted under United States copyright laws. Except as stated herein, none of the material on the Company’s Websites may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted by the Company to access and use the Company’s Websites, you may download one (1) copy of any particular materials from the Company’s Websites for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of the Company’s copyright and other proprietary rights.
Basiks at Home™ and the other Basiks at Home™ trademarks, trade names, service marks and logos appearing on the Company’s Websites are proprietary trademarks of the Company. The use of any of our trademarks or any other content made available through the Company’s Websites, except as expressly provided in this Agreement, is strictly prohibited.
3. Information Submitted Through the Basiks at Home™ WEBSITES.
4. Registration; User Names and Passwords.
You may be required to register with the Company in order to access certain areas of the Company’s Websites, for example, to purchase Basiks at Home™ products or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Company’s Websites, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Company’s Websites, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the Company’s Websites that occur in connection with your user name. You agree to immediately notify the Company of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the Company’s Websites, and to ensure that you “log off” and exit from your account with the Company’s Websites (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
5. Rules of Conduct.
We expect users of the Company’s Websites to respect the law as well as the rights and dignity of others. While using the Company’s Websites you agree to comply with all applicable laws, rules and regulations. In addition, your use of the Company’s Websites is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the Company’s Websites pursuant to Section 14 below.
You agree not to:
Post, transmit, or otherwise make available through or in connection with the Company’s Websites:
Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved by the Company in advance.
Any personally identifiable information of another individual, without the prior consent of such individual.
Any material, non-public information about a company, without the proper authorization to do so.
Use the Company’s Websites for any fraudulent or unlawful purpose.
Use the Company’s Websites to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about users of the Company’s Websites.
Impersonate any person or entity, including without limitation any representative of the Company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Company’s Websites; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the Company’s Websites or the servers or networks used to make the Company’s Websites available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Company’s Websites (including without limitation by hacking or defacing any portion of the Company’s Websites).
Use the Company’s Websites to advertise or offer to sell or buy any goods or services for any business purpose, without the Company’s express prior written consent.
Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Company’s Websites.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Company’s Websites.
Remove any copyright, trademark or other proprietary rights notice from the Company’s Websites or materials originating from the Company’s Websites.
Frame or mirror any part of the Company’s Websites.
Create a database by downloading and storing Company’s Websites content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Company’s Websites content or reproduce or circumvent the navigational structure or presentation of the ompany’s Websites without the Company’s express prior written consent.
Additionally, you acknowledge and agree that you (and not the Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Company’s Websites, and for paying all charges related thereto.
6. Forums and Submissions.
The Company may offer features through the Company’s Websites that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as “Forums”). All of the rules of conduct described in Section 5 above apply to the Forums. Additionally, without the Company’s express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other Company’s Websites visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Forums or otherwise through any Company’s Websites (“Submissions”), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by the Company without restriction. You grant to the Company the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sub-licensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the Company’s Websites complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the Company’s Websites. The Forums include the opinions, statements and other content of third parties, including Basiks at Home™ IReps. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including Basiks at Home™ IReps) through the Forums or otherwise through the Company’s Websites are those of such third parties and not of the Company, and the Company does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Company’s Websites at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that the Company has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Company’s Websites. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE COMPANY’S WEBSITES, YOU DO SO AT YOUR OWN RISK.
7. Sweepstakes, Contests, and Similar Promotions.
Any sweepstakes, contest, or similar promotion made available through any Company’s Websites may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. The Company urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.
8. Purchases and Other Transactions.
If you wish to purchase any product or service or to make a payment to your Basiks at Home™ account through an Company’s Websites (each such purchase or other transaction, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through the Company’s Websites will be treated by the Company in accordance with this Agreement and the Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.
The Company reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the Company’s Websites are subject to change without notice, and the Company shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to the Company’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Company’s Websites, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
9. Intended Audience.
The Company controls and operates the Company Websites from its offices located in the State of Florida, U.S.A., and the Company Websites are not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the Company Websites are presented solely for the purpose of providing services and promoting products available in the United States. The Company makes no representation or warranty that any Company Websites, in whole or in part, or any products, services, or materials made available through the Company Websites, are appropriate or available for use in other locations. Those who choose to access the Company Websites from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
10. Links to or From Other Sites.
Except as otherwise expressly stated by the Company on a Company Websites, the Company is not affiliated or associated with operators of any third party websites that link to or are linked from the Company Websites. The Company expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Company Websites. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the Company Websites because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
The Company shall have the right, at any time and at its sole discretion, to block links to the Company Websites through technological or other means without prior notice.
THE COMPANY WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE COMPANY WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY BASIKS AT HOME™ IREP; (B) THAT THE COMPANY WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE COMPANY WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE COMPANY WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE COMPANY WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
While we try to maintain the integrity and security of the Company Websites and the servers from which the Company Websites are operated, the Company Websites may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Company Websites. If you become aware of any unauthorized third party alteration to the Company Websites, contact us at firstname.lastname@example.org with a description of the material(s) at issue and the URL or location on the applicable Company Websites where such material(s) appear.
12. Limitation of Liability.
IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE ” THE COMPANY’S ENTITIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE COMPANY WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE COMPANY WEBSITES, OR (D) THE ACTS OR OMISSIONS OF BASIKS AT HOME™ IREPS, IN EACH EVENT, EVEN IF THE COMPANY OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE COMPANY IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY IREP), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE COMPANY WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE COMPANY WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE COMPANY WEBSITES.
You will indemnify and hold the Company entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the “Claims”): (a) your use of, inability to use, or activities in connection with the Company Websites; (b) any violation of this Agreement or any other terms of the Company, conditions or policies by you or through any account you may have with any Company Websites; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the Company Websites infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any Company Websites visitor, user, or customer, or any other third party; and you agree to reimburse the Company Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claim(s).
14. Termination and Enforcement.
This Agreement is effective until terminated by the Company. You agree that the Company, at its sole discretion, may terminate your access to or use of the Company Websites, at any time and for any reason, including without limitation if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section 5 above). Upon any such termination, your right to use the Company Websites will immediately cease. You agree that any termination of your access to or use of the Company Websites may be effected without prior notice and that the Company may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that the Company shall not be liable to you or any third party for any termination of your access to the Company Websites or to any such information or files, and shall not be required to make such information or files available to you after any such termination. the Company reserves the right to takes steps that the Company believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the Company Websites and/or a third party claim that your use of the Company Websites is unlawful or violates such third party’s rights).
15. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on a Company Websites infringe your copyright, you (or your agent) may send the Company a notice requesting that the Company remove the materials or block access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send the Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to General Counsel, Back to the Basiks, Inc., 8359 Beacon Blvd. #607; email: email@example.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Note that the Company does not endorse, support or approve any of the products or services listed at such site.
17. Information or Complaints.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Company Websites, please send an email to firstname.lastname@example.org. You may also contact us by writing to Back to the Basiks, LLC, 8359 Beacon Blvd. #607, Ft. Myers, FL 33908, Attn: General Counsel, or by calling us at 1-877-855-0617. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210
18. Governing Law.
This Agreement shall be governed by the laws of the State of Florida, U.S.A. without regard to its conflicts of laws principles. You agree that any dispute or claim arising out of or relating to this Agreement shall be resolved only in the courts located in Lee County, State of Florida, U.S.A. and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim.
If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Company. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and the Company relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to any Company Websites, by email, or by regular mail, at the Company’s discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.