MA Chatterbox Terms of
Participation
Revised March 5, 2010
Welcome to MA Chatterbox™, a unique social
networking service that allows Residents to connect with old and new friends,
colleagues and business partners (“Chatterbox”). Market America, Inc. (“MA”
“we” “us” or “our”) operates the Chatterbox network and services. Chatterbox
includes any Chatterbox-branded URL (the "Site"), the Chatterbox
messaging service, the Chatterbox shopping cart, the Chatterbox application
developer service and any other features (for example, music and video embedded
players), content, or applications offered from time to time by MA in
connection with Chatterbox (collectively, the "Chatterbox Service").
The Chatterbox Service is hosted in the United States.
PLEASE READ THESE TERMS CAREFULLY, AS THEY
CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS.
1.
Binding
effect / Users.
These Terms of Participation (“Terms”) set forth the legally binding terms for
your use of the Chatterbox Service. By browsing, using or accessing all or any
part of the Chatterbox Service you signify that you have read, understand and
agree to be bound by these Terms, whether you are a "Visitor"
(which means that you browse, access or otherwise use the Site or the Chatterbox
Service without being registered) or a "Resident"
(which means that you have registered with Chatterbox). The term
"User" refers to a Visitor or a Resident. You are only authorized to
use the Chatterbox Service (regardless of whether your access or use is
intended) if you agree to abide by all applicable laws and these Terms. If you
do not agree to be bound by these Terms and to follow all applicable laws, you
should leave the Site and discontinue use of all Chatterbox Service
immediately. If you wish to become a Resident, communicate with other Residents
and/or make use of the Chatterbox Service, you must indicate your acceptance of
these Terms during the registration process.
2. Other Policies /
Terms. These
Terms include all policies currently posted by MA, and all policies to be
posted by MA, on or through the Chatterbox Service, as well as those policies
to be posted on or through the Chatterbox Service from time to time in the
discretion of MA. In order to participate in certain parts of the Chatterbox
Service, you may be notified that you are required to download software or
content and/or agree to additional terms and conditions. Unless otherwise
provided by the additional policies posted by MA or the additional terms and
conditions applicable to the Chatterbox Service in which you choose to
participate, those additional policies and terms are hereby incorporated into these
Terms.
3. Modification of
Terms. WE RESERVE THE RIGHT TO CHANGE, MODIFY, 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 this page. Each such modification shall be
effective upon posting. Your continued browsing, access or use of
the Chatterbox Service after MA posts a modification signifies your acceptance
of such modification. It is your responsibility to review these Terms
regularly to ensure you are updated as to any changes.
4. Misuse /
Prohibited Content Generally. Please choose carefully the information you
post on or through the Chatterbox Service and that you share with other Users.
Your Chatterbox profile may not include any form of Prohibited Content, as
outlined below. Despite this prohibition, information, materials, products or
services provided by other Residents (for instance, in their profile) may be
unauthorized, impermissible or otherwise violate these Terms and MA assumes no
responsibility or liability for such material. If you become aware of misuse
of the Chatterbox Service by any person, please click on the "Contact Us”
link at the bottom of any Site page.
5. Eligibility. Being a Resident
of the Chatterbox Service (“Residency”) is void where prohibited by law. By
using the Chatterbox Service, you represent and warrant that (a) all
registration information you submit is truthful, accurate, current and
complete; (b) you will update and maintain the accuracy of such information;
(c) you are 14 years of age or older; and (d) your use of the Chatterbox
Service does not violate any applicable law or regulation. Your profile may be
deleted and your Residency may be terminated without warning, if we believe
that you are under 14 years of age, if we believe that you are
under 18 years of age and you represent yourself as 18 or older, or if we
believe you are over 18 years of age and you represent yourself as under 18.
6. Term. These Terms,
including all posted modifications to these Terms, shall remain in
full force and effect as long as you are a User of the Chatterbox Service.
7. Termination of Residency/Access. You may terminate
your Residency at any time, for any reason, by following the instructions on
the Account Settings page. MA reserves the right, in its sole discretion, to
deny, restrict, suspend, or terminate your access to all or any part of the Chatterbox
Service at any time, for any reason or no reason at all, with or without prior
notice or explanation, and without liability. MA expressly reserves the right
to remove your profile and/or deny, restrict, suspend, or terminate your access
to all or any part of the Chatterbox Service if MA determines, in its sole
discretion, that you have violated these Terms or that you may pose a threat to
Chatterbox and/or its Users. Even after Residency and/or access is terminated,
these Terms will remain in effect.
8. Fees. MA reserves the
right to charge fees for use of or access to any portion of the Chatterbox
Service and to change its fees (if any) from time to time in its sole
discretion. If MA terminates your Residency because you have breached these
Terms, you shall not be entitled to the refund of any unused portion of fees or
payments (if any).
9. Password. When you apply for
Residency to the Chatterbox Service you will be asked to create a 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 Resident
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.
10. Use by Residents. You understand
that, except for advertising programs offered by us, the Chatterbox Service is
for personal, non-commercial use only. We reserve the right to remove
commercial content in our sole discretion. Collecting usernames, user id
numbers, and/or e-mail addresses of Residents by electronic or other means for
the purpose of sending unsolicited e-mail or unauthorized framing of or linking
to the Site, or employing third party promotional sites or software to promote
profiles for money, is prohibited. Commercial advertisements, affiliate links,
and other forms of unauthorized solicitation may be removed from Resident
profiles without notice or explanation and may result in termination of Resident
privileges.
11. MLM and Direct
Sales Restriction.
The Chatterbox Service may not be used, directly or indirectly, in any manner
whatsoever, to recruit or network for, or sell or promote products of, any MLM
or Direct Sales company except MA. Your profile will be deleted and your Residency
terminated without warning, if we believe that you are in violation of this
Section.
12. Proprietary
Rights in Content on Chatterbox.
12.1.
Rights
to Site Content.
All
content on the Site and available through the Chatterbox Service, including
without limitation, designs, text, graphics, profiles (including your name,
image and likeness), messages, notes, advertisements, listings, pictures,
images, video, information, works of authorship, applications, software, music,
sound and other files, and their selection and arrangement (the "Site
Content") are the proprietary property of MA, its Residents 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, display, frame, reproduce, republish, download, post
or sell any Content appearing on or through the Chatterbox Service, in any form
or by any means, in whole or in part, without MA’s prior written permission,
except that the foregoing does not apply to your own Resident Content (as
defined below) that you legally post on the Site.
12.2.
License
to Site Content. Provided that you are an authorized Resident of the
Site, you are granted a limited license to access and use the Site and 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.
Except for your own Resident Content, 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 applicable communications
regulations and statutes. Except for rights 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.
12.3.
Resident
Content.
You are solely responsible for the designs, text, graphics, profiles
(including your name, image and likeness), messages, notes, advertisements,
listings, pictures, images, video, information, works of authorship,
applications, software, music, sound and other files, and their selection and
arrangement,
and other content that you upload, publish or display (hereinafter,
"Post") on or through the Chatterbox Service, or transmit to or share
with other Users (collectively the "Resident Content"). You may not
Post, transmit, or share Resident Content on the Chatterbox Service that you
did not create or that you do not have permission to Post. You understand and
agree that we may, but are not obligated to, review the Site and delete or
remove (without notice) any Site Content or Resident Content in our sole
discretion, for any reason or no reason, including Resident Content that in our
sole judgment violates these Terms or any MA policy, or which might be
offensive or illegal, or which might violate the rights of, or harm or threaten
the safety of, Users or others. You are solely responsible at your sole cost
and expense for creating backup copies and replacing any Resident Content you
Post or store on the Site or provide to MA.
12.4.
License
to Resident Content. When you Post Resident Content to the Site, you
authorize us to make such copies thereof as we deem necessary to facilitate the
posting and storage of the Resident Content on the Site. By Posting Resident
Content to any part of the Site, you automatically grant, and you represent and
warrant that you have the right to grant, to MA an irrevocable, perpetual,
non-exclusive, transferable, fully paid, royalty-free, worldwide license (with
the right to sublicense) to use, copy, publicly perform, publicly display,
reformat, modify, delete from, add to, reproduce, translate, excerpt (in whole
or in part) and distribute such Resident Content for any purpose, commercial,
advertising, or otherwise, on or in connection with the Chatterbox Service or
the promotion thereof, including
without limitation distributing part or all of the Site in any media formats
and through any media channels, to prepare derivative works of, or
incorporate into other works, such Resident Content, and to grant and authorize
sublicenses of the foregoing. This limited license does not grant MA the right to
sell your Resident Content. You may remove your Resident Content from
the Site at any time. If you remove your Resident Content, you acknowledge that
MA may retain archived copies of your Resident Content. MA does not claim any ownership
over your Resident Content; rather, as between us and you, subject to the license
rights granted to us in these Terms, you retain full ownership of all of your Resident
Content and any intellectual property rights or other proprietary rights associated
with your Resident Content.
12.5.
You’re
Rights to Resident Content. You represent, warrant and agree that: (i) you own
the Resident Content submitted through your account or otherwise posted,
submitted or shared by you on or through the Chatterbox Service or otherwise
have the right to grant the license set forth in this Section, (ii) the posting
of your Resident Content on or through the Chatterbox Service does not violate
or infringe upon the rights of any third party, including, without limitation,
privacy, publicity, intellectual property, copyrights, trademark, contract or
any other rights of any person or entity, and (iii) the posting of your Resident
Content on or through the Chatterbox Service does not contain libelous,
defamatory or unlawful material.
12.6.
Payment
of Royalties; Indemnity. You agree to pay for all royalties, fees, and any
other monies owing any person or entity by reason of any Resident Content
posted by you on or through the Chatterbox Service. You further agree to
indemnify and hold harmless MA its parents, subsidiaries, affiliates, and their
respective 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) arising out of or
resulting from the infringement or alleged infringement of any copyright,
trademark, trade secret, U.S. patent, or other proprietary right of a third
party asserted against MA as a result of your Resident Content or other
information posted, used or shared by you through the Chatterbox Service.
12.7.
Copyright/Patent. All Site design,
text, graphics, logos, button icons, images, photos, audio clips, video clips, MA
Marks (as defined below) digital downloads, data compilations and software are
owned solely and exclusively by MA or its content suppliers and protected by
U.S. and international copyright or patent laws. The compilation of all
content on the Site is the exclusive property of MA and protected by U.S. and international copyright laws. All software used on this Site is the property of MA
or its software suppliers and protected by United States and international
copyright or patent laws. The contents of the Site
are Copyright © 2008 Market America, Inc. ALL RIGHTS RESERVED. No Site material
may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any medium including but not limited
to, electronic, mechanical, photocopying, recording, or otherwise, without the
prior written permission of MA.
12.8.
Trademarks. “Market America,”
the Market America logo, “Chatterbox,” “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 service names are
service marks, trade names, trademarks and/or trade dress of MA, Inc. in the
United States and/or other countries (collectively “MA’s Marks”). MA’s Marks
may not be used in connection with any product or service that is not MA’s, in
any manner that is likely, in the discretion of MA, to cause confusion among
customers, or to disparage or discredit MA. All other 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.
12.9.
Technical
Functions.
MA performs technical functions necessary to offer the Chatterbox Service,
including but not limited to transcoding and/or reformatting Content to allow
its use throughout the Chatterbox Service.
13. Content Posted.
13.1.
MA’s
Right to Refuse Content. MA reserves the right to reject, refuse to post, delete or
remove any Content Posted or transmitted by you (including private messages),
for any reason or no reason at all, including, without limitation, Content that
in the sole judgment of MA violates these Terms or which may be offensive,
illegal or violate the rights of any person or entity, or harm or threaten the
safety of any person or entity. MA assumes no responsibility for monitoring the
Chatterbox Service for inappropriate Resident Content or conduct. If at any
time MA chooses, in its sole discretion, to monitor the Chatterbox Service, MA
nonetheless assumes no responsibility for the Resident Content, no obligation
to modify or remove any inappropriate Resident Content, and no responsibility
for the conduct of the Resident submitting any such Resident Content.
13.2.
Responsibility
for Chatterbox account. You are solely responsible for a) the Content Posted
by you or otherwise transmitted or shared by you (or any other party through
your Chatterbox account) on or through the Chatterbox Service, b) any and all
material or information transmitted by you (or any other party through your
Chatterbox account) to other Residents or Users and c) interactions with other Residents
or Users by you (or any other party through your Chatterbox account).
14. Prohibited
Content.
Certain types of information may not be posted on or through the Chatterbox
Service, either because the Posting or sharing of such information is illegal,
or because it is prohibited by MA (the “Prohibited Content”). MA reserves the
right to investigate and take appropriate action against you if, in MA’s sole
discretion, you violate this provision, including without limitation, removing
the Prohibited Content from the Chatterbox Service, reporting you to law
enforcement authorities, deleting your profile and any content or information
you have posted on the Site, prohibiting you from using or accessing the Chatterbox
Service (or any portion thereof) and/or taking other action to restrict your
use of or access to the Chatterbox Service (or any portion thereof) and
terminating your Residency. The following are examples of Prohibited Content.
These examples are illustrative only. They are not a complete list of
Prohibited Content.
Prohibited Content
includes, without limitation, Content that, in the sole discretion of MA:
14.1.
is
patently offensive;
14.2.
promotes
racism, bigotry, hatred or physical harm of any kind against any individual or
group of individuals;
14.3.
harasses
or encourages others to harass an individual or group of individuals;
14.4.
exploits
or encourages others to exploit any individual or group of individuals in a
sexual or violent manner;
14.5.
contains
nudity, violence, or offensive subject matter or contains a link to any type of
adult Web site;
14.6.
solicits
personal information from anyone under 18 years of age;
14.7.
poses
or creates a privacy or security risk to any person;
14.8.
is
false or misleading;
14.9.
promotes
illegal activities;
14.10. is abusive,
threatening, obscene, defamatory or libelous or encourages others to be
abusive, threatening, obscene, defamatory or libelous;
14.11. is or promotes an
illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information to
circumvent manufacturer-installed copy-protect devices, or providing pirated
music or links to pirated music files;
14.12. involves the
transmission of "junk mail," "chain letters," unsolicited
mass mailing, instant messaging, "spimming," or
"spamming";
14.13. contains restricted
or password only access pages or hidden pages or images (those not linked to or
from another accessible page);
14.14. solicits or
promotes (or encourages others to solicit or promote) a criminal activity or
enterprise or provides instructional information (or encourages others to
provide instructional information) about illegal activities including without
limitation, making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses;
14.15. solicits or
encourages others to solicit passwords or personal identifying information for
commercial, or unlawful purposes from other Residents or Users;
14.16. involves commercial
activities and/or sales such as contests, sweepstakes, direct sales, MLM,
barter, advertising, or pyramid schemes (except as otherwise expressly
permitted hereunder);
14.17. includes personal
information about, or a photo or video image of, another person that you have
posted without that person's consent;
14.18. uses sexually
suggestive imagery or any other unfair, misleading or deceptive Content
intended to draw traffic to a profile; or
14.19. violates the
privacy rights, publicity rights, copyrights, trademark rights, contract rights
or any other rights of any person or entity; or
14.20. is otherwise
inconsistent with applicable law or MA rules.
15. Prohibited
Activities. Certain
activities are prohibited on or through the Chatterbox Service, either because
such activities are illegal, or because they are prohibited by MA (the
“Prohibited Activity or “Prohibited Activities”). MA reserves the right to
investigate and take appropriate action against you if, in MA’s sole
discretion, you violate this provision, including without limitation, reporting
you to law enforcement authorities, deleting your profile and any content or
information you have posted on the Site, prohibiting you from using or
accessing the Chatterbox Service (or any portion thereof) and/or taking other
action to restrict your use of or access to the Chatterbox Service (or any
portion thereof) and terminating your Residency. The following are examples of
Prohibited Activities. These examples are illustrative only. They are not a
complete list of Prohibited Activities.
You agree not to
participate in any of the Prohibited Activities in relation to your use of the Chatterbox
Service. By way of illustration, and not of limitation, you will not:
15.1.
Engage
in or solicit or encourage others to engage in or solicit criminal or tortuous
activities, including, without limitation, child pornography, fraud,
trafficking in obscene materials, drug dealing, human trafficking,
prostitution, gambling, harassment, stalking, spamming, spimming, sending of
viruses or other harmful files, copyright infringement, patent infringement, or
theft of trade secrets;
15.2.
Upload,
post, transmit, share, store or otherwise make available any instructions for
committing a criminal offense (or encourage others to do the same);
15.3.
Engage
in or solicit, or encourage others to engage in or solicit activities that
could damage, disable, overburden or impair the Site;
15.4.
Upload,
post, transmit, share, store or otherwise make available any Prohibited Content
(or encourage others to do the same);
15.5.
Advertise,
solicit or promote any products or services. You may not transmit any chain
letters or junk e-mail to other Residents. In order to protect our Residents
from such advertising or solicitation, MA may, as it deems appropriate in its
sole discretion, restrict the number of e-mails a Resident may send to other Residents
in any 24-hour period. If you breach this Section by sending unsolicited bulk e-mail,
instant messages or other unauthorized commercial communications of any kind
through the Chatterbox Service, you acknowledge that you will have caused
substantial harm to MA, and that the amount of such harm would be extremely
difficult to calculate. As a reasonable estimation of such harm, you agree to
pay MA $250 for each such unsolicited commercial communication you send through
the Chatterbox Service;
15.6.
Circumvent
or modify, attempt to circumvent or modify, or encourage or assist others to
circumvent or modify any security feature or software that is part of the Chatterbox
Service;
15.7.
Upload,
post, transmit, share, store, use or otherwise make available any viruses, bots, worms, or
any other computer code, files or programs that interrupt, destroy or limit the
functionality of any computer software or hardware, or otherwise permit the
unauthorized use of or access to a computer or a computer network (or encourage
or assist others to do the same);
15.8.
Cover
or obscure the banner advertisements on your personal profile page, or any
Chatterbox page;
15.9.
Automate
any portion of the Chatterbox Service, including, without limitation, using
scripts to add friends or send comments or messages;
15.10. Interfere with,
disrupt, or create an undue burden on the Chatterbox Service or the networks or
services connected to the Chatterbox Service;
15.11. Impersonate or
attempt to impersonate any person or entity, create a false identity or falsely
state or otherwise misrepresent yourself, your age or your affiliation with any
person or entity;
15.12. Use or attempt to
use the account, username, password, Service or system of another Resident at
any time;
15.13. Register or attempt
to register for more than one Resident account, register or attempt to register
for a Resident account on behalf of another person or entity;
15.14. Disclose your
password to a third party or permit a third party to access your account;
15.15. Sell, gift or
otherwise transfer your profile;
15.16. Upload, post,
transmit, share, store or otherwise make available through the Chatterbox
Service any private or contact information of any third party (or encourage
others to do the same).
15.17. Solicit personal
information from any person under 18 years of age;
15.18. Harvest or collect
e-mail addresses or other contact information of Residents by electronic or
other means;
15.19. Intimidate, abuse
or harass another person, attempt to intimidate, abuse or harass another person
or encourage others to do the same;
15.20. Display an
unauthorized commercial advertisement on your profile, or accept payment or
anything of value from a third person in exchange for your performance of a
commercial activity through the use of the Chatterbox Service on behalf of that
person, such as placing commercial content on your profile, posting blogs or
bulletins with a commercial purpose, or sending private messages with a
commercial purpose; or
15.21. Use any Chatterbox
Service or the Site in a manner inconsistent with any applicable law or
regulation or MA rule.
16. Protecting
Copyrights and Other Intellectual Property. MA respects the intellectual
property rights of others, and we require that our Users do the same. You may
not upload, embed, post, e-mail, transmit or otherwise make available any
material that infringes any copyright, patent, trademark, trade secret or other
proprietary rights of any person or entity. MA has the right to terminate your
Residency if you take any action that infringes any third party intellectual
property.
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 or other intellectual property infringement can
be reached as follows:
By e-mail:
copyrights@marketamerica.com.
17. Shopping on
Chatterbox
17.1.
Purchase
Terms. You are
responsible for providing a valid credit card number at time of purchase. You
represent and warrant that you are an authorized user of the credit 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.
17.2.
Third
Party Businesses.
Parties
other than MA sell products and services on the Site. For example, Genetic
Denim offers clothing for sale through the Universal Shopping Cart. In
addition, we provide links to the sites of affiliated companies, resources, advertisements,
published articles, journals, news, and certain other third-party literature
and businesses. Because MA has no control over the
content of linked-to sites or the quality of the goods or services offered by
third parties through the Site or through linked-to sites, you acknowledge and
agree that we are not responsible for examining or evaluating, and we do
not warrant, endorse or guarantee the offerings of any third parties or the
content on, or the availability of, their Web sites. You acknowledge and agree
that MA shall not be responsible or liable to you in any manner, directly or
indirectly, for the actions, products or services of, or content provided by, these
or any other third parties or for any damage or loss caused or alleged to be caused
by or in connection with your use of or reliance on content provided by any
third party and/or the quality of any goods or
services offered by any third party through a linked-to Web site, through the
Site, or otherwise.
17.3.
MA Return
Policy. MA stands behind the quality of its products. A customer making a
purchase from a MA Customer Manager through the Chatterbox Service has until 30
days after the sale to return products in unused condition and receive a full
product refund, less shipping and handling, from the selling Customer Manager
(the “MA Return Policy”). The above listed return policy does not apply to
Products sold and/or shipped by Merchant Partners or Linked-To Merchants (as
defined below).
17.4.
MA Shipping
Policy. There is a
minimum of $7.50 for Shipping & handling charges on orders less than
$100.00. For orders over $100, there is a flat rate of at least 7% of the
order price (the “MA Shipping Policy”). The MA Shipping Policy does not apply to Products sold
and/or shipped by Merchant Partners or Linked-To Merchants (as defined below).
17.5.
Merchant
Partner and Linked-To Merchant Return / Shipping Policies. “Merchant Partners” are third
parties that offer products and/or services on the Site. “Linked-To Merchants”
are third parties that offer products and/or services from a third party Web site
that is accessed through a link on the Site. “Merchant Partner Products” are
products and services that are offered for sale by Merchant Partners on MA’s
Universal Shopping Cart and that are shipped by or on behalf of a Merchant
Partner. “Linked-To Merchant Products” are products and services that are
offered for sale by a Linked-To Merchant through the Linked-To Merchant’s third
party Web site. Merchant Partner Products purchased through the Site are
covered by each Merchant Partner’s individual Return and Shipping Policies.
Return and Shipping Policies for each Merchant Partner Product purchased by a
customer through the Universal Shopping Cart will be available for review by
the customer during the customer’s shopping process. All Linked-To Merchant
Products you purchase are covered by the Linked-To Merchant’s individual Return
and Shipping Policies, which are available on each Linked-To Merchant’s third
party Web site.
17.6.
Other
Linked-To Merchant Policies and Terms. In addition to the Return and Shipping Policies mentioned
above, all Products purchased from Linked-To Merchants are governed by terms
and policies posted on the Linked-To Merchant’s third party Web site.
18.
ma Cashback
18.1. 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 checkout on MA’s websites.
Additionally, you may request redemptions from your account, subject to
then-current minimum redemption requirements (currently USD$50).
18.2.
Preferred Customers will be credited, subject to these Terms and additional
terms disclosed on the Participating Store’s site, a percentage of the Net
Purchases of MA-branded products or qualifying products sold by third-parties
that display the ma Cashback logo (“Participating Stores”). “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.
18.3.
Participating Stores are responsible for reporting qualifying purchases
(and related returns, refunds and/or coupon use) to us. Participating Stores
may not report your purchase to MA if they determine that your purchase did not
qualify for cash back because you did not comply with these Terms or additional
terms disclosed on the Participating Store’s site, or if the Participating
Store determines that you were not referred to the Participating Store by MA.
We may also disqualify reported purchases based on our own determination that
you have not complied with these Terms or the terms disclosed on the
Participating Store’s site.
18.4.
Cash back rewards for qualifying MA-branded products will post to your
account immediately. Qualifying purchases from Participating Stores will stay
in pending status until cleared by the Participating Store, to account for
returns, refunds, fraud, and other processing issues. After this point, if the
purchase is eligible, it will be marked as “available” in your 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
account.
18.5.
MA is not responsible for changes to, or discontinuance or withdrawal of,
any Participating Store’s participation in the ma Cashback program, or for any
effect on accrual of cash back rewards caused by such changes, discontinuance,
or withdrawal. If a Participating Store fails to report a transaction to MA, or
withholds payment to MA for any reason, MA reserves the right to cancel the
cash back award associated with that transaction. Cash back rewards awarded to
Preferred Customers are subject to adjustments for returns, cancellations, and
other events. Such adjustments can be applied to your 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.
18.6.
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; (d) the Participating Store does not report the purchase to us; or
(e) you conduct "sham" transactions or otherwise collude with
merchants), make any misrepresentation in connection with your participation in
ma Cashback, maintain multiple accounts, or do not otherwise comply with these
Terms.
18.7.
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.
18.8.
We may close your account if it has been inactive for 12 months (i.e., no
qualifying purchases during the prior 12-month period). Accrued but unredeemed
cash back rewards in accounts that are closed will be returned to MA.
18.9.
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.
19.
Risk of Loss.
The risk of loss and title for all items purchased from MA pass to you upon our
delivery of the items to the shipper.
20.
Product / Service Descriptions. MA makes every attempt to provide you
with accurate information. However, we do not warrant or guarantee that
product and service descriptions or other contents of the Site are accurate,
complete, reliable, current, or error-free. If a product offered by MA 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. If a product or service offered
by a Merchant Partner or Linked-To Merchant is not as described, you have no
remedy against MA. Your sole remedy will be against the offending Merchant
Partner or Linked-To Merchant.
21.
Pricing.
Except where noted otherwise, the Price displayed for products on our Web site
represents the full retail price of the product. Despite our best efforts, a
small number of the items in our Universal Shopping Cart 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. Please note that this policy applies
only to products sold and shipped by MA. Merchant Partners and Linked-To
Merchants may follow different policies in the event of a mispriced item.
22.
Resident Disputes. You are solely responsible for your interactions with
other Chatterbox Residents. We reserve the right, but have no obligation, to
monitor or become involved in disputes between you and other Resident(s).
23.
Privacy and Terms of Service. Use of the Chatterbox Service is subject
to MA’s Privacy Policy and MA’s Terms of Service, which are each
incorporated into these Terms by this reference. To view MA’s Privacy Policy
and Terms of Service, please visit your Customer Manager’s MA Web Portal.
24. Disclaimers.
24.1.
Resident Content. MA is not responsible or liable for, and makes no
warranties, express or implied, as to the Resident Content or the accuracy and
reliability of the Resident Content posted on or through the Chatterbox Service,
whether Posted or caused by Residents or by any of the equipment or programming
associated with or utilized in the Chatterbox Service and such Resident Content
does not necessarily reflect the opinions or policies of MA. Although we
provide rules for Resident conduct and postings, we do not control and are not
responsible for what Residents Post, transmit or share on the Site and are not
responsible for any offensive, inappropriate, obscene, unlawful or otherwise
objectionable content you may encounter on the Site or in connection with any Resident
Content. MA is not responsible for the conduct, whether online or offline, of
any User of the Chatterbox Site or Service.
24.2.
Third Party Web Sites in Resident Content. Resident Content may contain
links to other Web sites. Such Web sites are not investigated, monitored or
checked for accuracy or completeness by MA and MA is not responsible or liable for
the content, accuracy or opinions expressed on such Web sites. Inclusion of
any linked Web site on the Chatterbox Service does not imply MA’s approval or
endorsement of, or agreement with, the content of the linked Web site. If you
choose to access third party Web sites, you do so at your own risk.
24.3.
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 Chatterbox Service, nor does it take any
responsibility for the goods or services provided by its advertisers.
24.4.
Availability of the Chatterbox Service. The Chatterbox Service 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 Chatterbox Service or combination thereof,
including any injury or damage to User’s or to any other person's computer,
mobile phone or other equipment related to or resulting from participation or
downloading materials in connection with the Chatterbox Service. Under no
circumstances shall MA be responsible or liable for any loss or damage,
including without limitation loss of Resident Content, personal injury, property
injury or death, resulting from anyone’s use of the Chatterbox Service, from
any Resident Content posted on or through the Chatterbox Service, or from the
conduct of any User(s) of the Chatterbox Service, whether online or offline.
24.5.
DISCLAIMER OF WARRANTIES. THE CHATTERBOX SERVICES AND THE 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 OR NON-INFRINGEMENT. MA CANNOT GUARANTEE AND DOES NOT
PROMISE ANY SPECIFIC RESULTS FROM USE OF THE CHATTERBOX SERVICE. MA DOES NOT
REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE
CHATTERBOX SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR
THAT THE SITE OR THE CHATTERBOX SERVICE, THEIR SERVERS, OR ANY PLATFORM
APPLICATIONS ARE FREE OF VIRUSES 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.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR
OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE
CHATTERBOX SERVICE 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.
25.
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 CHATTERBOX SERVICE, 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 THE CHATTERBOX SERVICE ONLY, IF ANY, DURING THE TIME
YOUR ARE A REGISTERED RESIDENT OF CHATTERBOX. YOU ACKNOWLEDGE THAT IF YOU DO
NOT PAY FEES TO MA FOR USE OF THE CHATTERBOX SERVICE, 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.
26.
U.S. Export Controls. Software available in connection with the Chatterbox
Service (the "Software") is subject to United States export controls.
No Software may be downloaded from the Chatterbox Service or otherwise exported
or re-exported in violation of U.S. export laws. Downloading or using the
Software is at your sole risk.
27.
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
and any and all actions or proceedings arising out of or relating to these
Terms, or breach thereof, or the Chatterbox Service, shall be instituted and
litigated in Greensboro, Guilford County, North Carolina. You and MA hereby
agree to submit to the exclusive jurisdiction of the courts located within Greensboro, Guilford County, North Carolina to resolve any dispute arising out of these
Terms or the Chatterbox Service. EACH OF THE PARTIES 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 THEST 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.
28.
Indemnity.
You agree to indemnify and hold harmless MA its parents, subsidiaries,
affiliates, and their respective 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 by you or any person
of your Chatterbox account; c) your breach or violation of these Terms; d) your
breach of the representations and warranties set forth in these Terms; and/or e)
Content Posted by you or any person through your account.
29.
Other.
These Terms are accepted upon your use of the Site or the Chatterbox Service
and is further affirmed by you becoming a Resident. These Terms constitute the
entire agreement between you and MA regarding the use of the Chatterbox Service.
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.
Chatterbox is a trademark of Market America, Inc. 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: admin@machatterbox.com with any questions regarding these Terms.
