TERMS OF USE AGREEMENT
(Last revised on: 07/09)
- Welcome to the Official New Vision USA, Inc. ("New Vision") Website. This Agreement ("Agreement") sets forth the terms and conditions for use of this website and any information and services available on this site or any other website that is owned, operated, licensed, or controlled by New Vision, its subsidiaries, affiliates or Independent Team Members (the "Site").
- Idea Submissions. We encourage you to share ideas and suggestions with us. You agree, however, that if you submit any ideas, suggestions or testimonials to New Vision, we have the right to use your submission in any manner that we deem appropriate, including posting on the Internet. You may only post ideas and material to this Site if you have obtained appropriate copyright and other permission to post such materials and to permit New Vision to use such material without restriction. You grant New Vision a royalty-free, worldwide, perpetual license to use such materials in any manner New Vision chooses. Do not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
Except as noted below: (1) this Site may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, modified, or otherwise, or in any way exploited for personal gain; (2) you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of this Site or any Content or components that are available on this Site; and (3) you may not make commercial use of these pages and/or any other webpage or service provided by New Vision, including redistribution or copying by means other than Internet web browsers; EXCEPT with the prior, express written permission of New Vision.
Copyright Permission. Permission is granted for viewing these pages on the Internet, subject to the terms and conditions of this Agreement. In addition, New Vision Independent Team Members are hereby granted permission to download, reproduce and distribute materials in the operation of their New Vision businesses, provided that the material is printed in its entirety and the reprint conveys the following notice: "Reprinted with the permission of New Vision USA, Inc., Scottsdale, AZ." In the event that information is downloaded from this Site, the information, including any Content, data or files incorporated in or generated by the Site are owned by New Vision and New Vision retains complete title to the information and all property rights therein. All other rights reserved.
- New Vision's purposes for collection of personal information may include billing (for purchase of product or services, where applicable), provision of customer service, network management, customer surveys, provision of offers of related services and other exchanges of information.
- New Vision will not disclose or share personally identifiable information collected via the Internet or telephone with any other companies or organizations without the informed consent of the consumer providing the information (except as required by law).
- New Vision will use information received via e-mail or regular mail from customers and other individuals only for purposes reasonably related to the subject matter of communication.
- New Vision does not target children for collection of personal information at any of its websites. New Vision recognizes that the privacy of children must be protected. We believe that parents have the right to protect the privacy and security of their children and to prevent the inappropriate use of information about their children.
As technologies continue to enhance and expand the collection of information of all kinds, we will apply our technological and marketplace expertise in efforts to ensure that our Independent Team Members, customers and users receive the kind of privacy protection that will make them confident and secure. We are not responsible, however, for use of personal information that is obtained independently by third parties.
This Site is provided "as is." You may rely on this Site and other third party services solely at your own risk. Advice, opinions and statements should not be relied upon when making important personal, medical, legal or financial decisions. You should consult a professional to obtain specific advice appropriate to your circumstances. New Vision hereby disclaims all warranties, express or implied, including without limitation conditions of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the functions contained in this Site will be uninterrupted or error-free, and there may be delays, omissions, and interruptions using this Site. We do not warrant that errors or defects will be corrected or that this Site is free of viruses or other potentially harmful components. You assume full responsibility and risk of loss, including loss of data, resulting from your downloading and/or use of this Site.
The mention of specific products or services on this website or elsewhere does not constitute or imply a recommendation or endorsement by New Vision, unless it is explicitly stated. We make no representations or warranties regarding Independent Team Member websites. You should not rely on any representations or warranties contained on any Independent Team Member website.
New Vision USA, Inc.
Attn: Web Development Customer Service
8322 East Hartford Drive
Scottsdale, Arizona 85255
(800) 838-8388
(480) 927-8999
California residents with suggestions or complaints may also contact:
State of California, Department of Consumer Affairs
Division of Consumer Services, Complaint Assistance Unit
P.O. Box 942507
Sacramento, CA 94258-0507
1-916-445-1254
Copyright © 2002-2009 New Vision USA, Inc. All Rights Reserved
NEW VISION USA, INC. INDEPENDENT TEAM MEMBER DISCLOSURE NOTICE
- Welcome to the Official Corporate Website of New Vision USA, Inc. ("New Vision"). This website contains information regarding New Vision's products, services and information on how to join New Vision as an Independent Team Member.
- New Vision Independent Team Members may also have their own Independent Team Member websites. New Vision Independent Team Members are independent distributors of New Vision products. It is the sole responsibility of each New Vision Independent Team Member to ensure that its content is accurate and that it fully complies with all New Vision rules, policies and procedures, including without limitation, all applicable federal and state rules and regulations. New Vision disclaims any and all liability arising out of or related in any way to Independent Team Member websites.
- Independent Team Members are required to conduct all Internet activity (including e-mail) in compliance with all New Vision rules, regulations, policies and procedures. This includes compliance with New Vision's corporate Website Terms of Use Agreement, which applies to anyone who uses this website, and New Vision's Internet/E-Mail Usage Agreement, which contains the terms and conditions applicable to Independent Team Members who use the Internet and E-mail. New Vision strictly enforces these policies. Failure to abide by these policies may result in suspension or termination of New Vision Independent Team Membership.
- Content Guidelines: All content must be consistent with New Vision policies, including but not limited to:
- Appropriate representations about New Vision policies, procedures and compensation plan;
- Appropriate representations that Independent Team Members are independent contractors;
- Proper product representations without medical claims or statements;
- No income projections or earnings claims;
- The fact that the ultimate success of a Independent Team Member's business is a result of his or her own personal efforts.
- New Vision requires that all Independent Team Member Websites obtain pre-approval for any content or material that is placed on the Internet, which includes websites, webpages, hyperlinks, e-mail communication, or any other electronic or computer-related medium.
- New Vision, its subsidiaries, affiliates, Independent Team Members, agents, licensors, and suppliers make no guarantees of marketing results and no other representations or warranties, express or implied, with respect to New Vision's products and services, this website, any other New Vision website, or Independent Team Member websites, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Additional Legal Terms and Conditions apply. See New Vision's Corporate Website TERMS OF USE AGREEMENT.
COPYRIGHT POLICY
This Policy sets forth the copyright and ownership terms and conditions for New Vision's website, newvision.com, and any information and services available on any other website that is owned, operated, licensed, or controlled by New Vision, its subsidiaries, affiliates or Independent Team Members (referred to hereinafter as "Site"). New Vision's Site is owned and operated by New Vision. The Site, including but not limited to software, content, text, photographs, images, graphics, video, audio, hypermedia items and the compilation as a whole ("Content"), is copyrighted under US copyright and other laws by New Vision, unless otherwise noted. Some images contained on the Site are copyrighted by Getty Images, Inc., © 2009 Getty Images, Inc. Otherwise, all Content, product names, trademarks, service marks and logos on the Site, unless otherwise noted, are wholly owned or validly licensed by New Vision. Trademarks, service marks and logos owned by third parties remain the property of such third parties. You must abide by all additional copyright notices or restrictions contained in the Site or elsewhere. You may not delete any author attributions, legal or proprietary notices in the Site or elsewhere.
Except as noted below: (1) the Site may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, modified, or otherwise, or in any way exploited for personal gain; (2) you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Site or any Content or components that are available on the Site; and (3) you may not make commercial use of these pages and/or any other webpage or service provided by New Vision, including redistribution or copying by means other than Internet web browsers; EXCEPT with the prior, express written permission of New Vision.
Copyright Permission. Permission is granted for viewing the Site on the Internet, subject to the terms and conditions of this Policy and the Terms of Use Agreement. In addition, New Vision Independent Team Members are granted permission to download, reproduce and distribute materials in the operation of their New Vision businesses, provided that the material is printed in its entirety and the reprint conveys the following notice: "Reprinted with the permission of New Vision USA, Inc., Scottsdale, AZ." In the event that information is downloaded from the Site, the information, including any Content, data or files incorporated in or generated by the Site are owned by New Vision and New Vision retains complete title to the information and all property rights therein.
HEALTH CLAIMS MADE ON THE INTERNET
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
TO: INTERNET ADVERTISER
FROM: FEDERAL TRADE COMMISSION
RE: HEALTH CLAIMS MADE ON THE INTERNET
The Federal Trade Commission (FTC), its federal and state law enforcement partners, and public health and consumer protection agencies from Mexico and Canada are sending you (and hundreds of other Internet advertisers) this message based upon a review of the promotion you disseminated through the Internet.
The FTC and its partners have NOT determined whether your Internet promotion violates United States federal or state laws, Mexican law, or Canadian law. Nevertheless, we want to remind you that when you make health claims in promoting a product, service, or treatment, those claims must be truthful and non-deceptive.
Deceptive Acts or Practices Are Unlawful under the FTC Act
In the United States, Section 5 of the FTC Act (15 USC. § 45(a)), prohibits deceptive acts or practices in or affecting commerce. In addition, Section 12 of the Act (15 USC. § 52(a)) prohibits the dissemination of any false advertisement to induce the purchase of any food, drugs, or devices.
An advertisement is misleading and deceptive if the advertiser makes an objective claim, either expressly or by implication, including through the use of consumer testimonials, without a "reasonable basis" to support that claim. As set out in the Commission's Advertising Substantiation Policy Statement, advertisements that specify the level of substantiation that the advertiser possesses (e.g., "tests prove" or "studies show") must be supported by at least that level of evidence. If the advertisement does not specify a particular type of substantiation, the Commission considers several factors in determining the appropriate level of substantiation. Typically, claims of the sort included on your Internet site must be substantiated by competent and reliable scientific evidence. Competent and reliable scientific evidence is defined as tests, analyses, research, studies, or other evidence based on the expertise of professionals in the relevant area, that has been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results. Anecdotal evidence and consumer testimonials are not considered competent and reliable scientific evidence. You may want to review your advertisement in light of these standards. You may also wish to consult the FTC's Web site at http://www.ftc.gov for further information.
If you wish to contact us, please do so via e-mail at health-claims@ftc.gov.
Possible Violations in Other Jurisdictions
Unfair or deceptive acts or practices are also unlawful under various state statutes in the United States. The standards under these statutes may be different from those of the FTC's. In addition, by placing an Internet site on the World Wide Web, you may be subject to scrutiny in other countries where you sell your products. You should be aware that many countries, including Mexico and Canada, also have laws that generally require advertisements to be truthful and non-deceptive.
CHECK PROCESSING
Bonus checks will be mailed on the 15th day of the following month. If the 15th falls on a weekend or holiday, the next business day will apply.
Team Members who earn a monthly royalty of less than $5.00 USD will be issued a credit for that amount on their New Vision account, which can be used toward the purchase of products and/or sales aids.
In the event a Team Member has lost or misplaced a royalty check, any request for replacement of royalty checks under $50.00 USD will be credited to the Team Member's account. If the royalty check is $50.00 USD or over, the Team Member can request a replacement check be issued for a fee of $25.00 USD or the Team Member can have the amount credited to their account. If a replacement check is requested, New Vision must receive the $25.00 USD fee before a new check will be reissued
Requests from Members for checks never received will require a fifteen (15) business day waiting period from the date of the original mailing.
Team Members agree that if they do not present any bonus check(s) for payment within ninety (90) days from the date of issuance, the bonus check(s) will be null and void, the Team Member's interests in or right to the bonus check(s) will be forfeited and New Vision will be entitled to the forfeited commissions.
In lieu of receiving a check, Team Members may elect to receive their earnings by direct deposit. In order to qualify for direct deposit, Team Members must submit a direct deposit authorization form.
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Adobe Acrobat and Adobe Acrobat Reader are registered trademarks of Adobe Systems, Incorporated. New Vision USA, Inc. is not affiliated with Adobe Systems and assumes no liability for the Adobe Acrobat Reader or associated software. For questions and help regarding the Adobe Acrobat Reader, please consult the online documentation at www.adobe.com.
