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Terms and Conditions
Thank you for visiting www.tuuwa.com, or the Personal Website of your authorized Tuuwa Independent Wellness Advisor (“Wellness Advisor”) whose name appears on the site (our “Site”). This Site is powered by Tuuwa, Inc.(referred to herein as “Tuuwa”)and made available by Tuuwa as a service to your Wellness Advisor. All content, information, and services provided on and through our Site may be used only under the following terms and conditions, as they are amended from time to time (the “Terms”). As used herein, the terms “our,” “we,” and “us” refer to both Tuuwa and your Wellness Advisor unless the context clearly provides otherwise.
YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OUR SITE. IF YOU ARE A WELLNESS ADVISOR, YOU ARE BOUND BY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN YOUR TUUWA WELLNESS ADVISOR AGREEMENT AND THE TUUWA POLICIES AND PROCEDURES.
1. Site Use Generally
Your use of the Site and all information, data, text, videos software, information, images, sounds or other materials contained therein, or your use or purchase of any other Offerings confirms your unconditional agreement to be bound by this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not access or otherwise use the Site or participate in any of the Offerings.
If you are dissatisfied with the Site or other Offerings, your sole and exclusive remedy is to stop using the Site or Offerings, except for the limited warranties that may apply to Tuuwa’s Offerings or as otherwise expressly stated in section 4 of this Agreement (Tuuwa Customer Guarantee).
2. This Website Does Not Offer Medical Advice
The content on all websites associated with the Tuuwa , including, but not limited to, the text,
graphics, images, links, and other materials are for informational purposes only. The content of
the Site has not been evaluated by the Food and Drug Administration. Tuuwa site content is not
intended to be a substitute for professional medical advice, diagnosis, or treatment, and does not
constitute medical or other professional advice. You should seek medical consultation before
beginning any wellness program, including diet, exercise, or any information on the Site. Tuuwa
neither recommends nor condones self-management of one’s health, and you should always seek
the advice of your health care provider regarding any questions. Reliance on any information
provided herein is strictly at your own risk. You should never disregard the advice of a medical
professional or delay seeking such advice as a result of something contained on tuuwa.com
3. Physical Activity Notice
The Site may include features that promote physical activity. Consider the risks involved
and consult with your medical professional before engaging in any physical activity.
Tuuwa is not responsible or liable for any injuries or damages you may sustain that result
from your use of, or inability to use, the features of the Site. Reliance on any information
provided herein is solely at your own risk.
4. Your User License
You are granted a limited, nonexclusive, non-transferable license to access the Site and its content in accordance with these Terms. Our Site is hosted in the United States and contains information that is appropriate for access and use in the U.S., Puerto Rico, U.S. Virgin Islands, Guam, and U.S. Territories, possessions, and trusteeships (“Applicable Markets”). We make no representation that any materials on the Site are appropriate or available for use outside the Applicable Markets, and accessing them from territories where their contents are illegal is prohibited. Any references on the Site to specific products or services are applicable only to those available in the Applicable Markets, and any product claims and comparisons to other products on the Site apply within the Applicable Markets only. Those who access this Site from other locations do so according to their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside.
We reserve the right to refuse service in our sole discretion and without notice. We reserve the right to cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.
5. Limitations on Your Use
No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, without Tuuwa’s prior written permission, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands. You may not, without our prior written permission, frame or mirror any material contained on this Site on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited.
In the event that we offer downloads of software from this Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
6. Customer Guarantee
Tuuwa guarantees the quality of any product which carries the Tuuwa name and certifies that the products manufactured for it meet high standards of freshness and purity for customer use. We are confident that you will find our products satisfactory in every way. We stand behind the quality of our products and guarantee your satisfaction. However, if for any tuuwa.com reason, you are not completely satisfied with any Tuuwa product purchased from Tuuwa, we offer an exchange or a full refund (excluding shipping charges). Simply request a refund from Tuuwa within thirty (30) days from your receipt of the product by contacting our Customer Service Department at tuuwa.com. We will issue a refund to the payment method originally used to purchase the items within sixty (60) days of receipt of the returned items.This guarantee is limited only by the terms of certain specific warranties attached to or packaged with certain products and does not apply to any product intentionally damaged or misused. This satisfaction guarantee does not apply to Wellness Advisor purchases for stock or inventory.
7. Modifications to Services and Prices
Prices for Tuuwa products are subject to change without notice. We reserve
the right at anytime to discontinue the Service, or any part of the Service or
content thereof) without notice. We are not liable to your or to any third-party
for any price change, modification, suspension or discontinuation of the
You may return items using the Merchandise Product Return form available on the Site or in the packaging information included with each order. Detailed information on returns handling can also be obtained on the Site, or contact us as described in the “Contact Us” section, below, and we will be happy to assist you.
10. Additional Terms
All information, materials, functions and other content (including Submissions as defined in Section 14 below) provided on this Site (collectively “Content”), such as the Site design, text, selection and arrangement of elements, organization, graphics, images, magnetic translation, digital conversion, etc., is our exclusive property or the property of our licensors and is protected by US and international copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, downloaded, posted, displayed,transmitted, modified, or distributed in any way, in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise. Any unauthorized use of any material contained in this Site is strictly prohibited.
Unless otherwise noted, all product names, company names, and all other trademarks, service marks, trade dress, trade names, logos (collectively the “Marks”) used and displayed on this Site are our registered and unregistered Marks and the Marks of our licensors. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks displayed on the Site. Our Marks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
For Wellness Advisors with a business powered by Tuuwa, your user license includes a revocable right to access and use certain trade secret, confidential, and proprietary business information, which includes, without limitation, genealogical, downline, or Line of Sponsorship (LOS) information (i.e., information compiled by Tuuwa that discloses or relates to all or part of the specific arrangement of sponsorship within the Tuuwa business, including, without limitation, Wellness Advisor lists, upline and downline organizations, all Wellness Advisor contact and business performance information, and all Customer contact information generated therefrom (Proprietary Information), which may be made available to you on the Site. You acknowledge that Tuuwa is the exclusive owner of all Proprietary Information and agree to maintain all Proprietary Information in strictest confidence and to use it only as authorized by Tuuwa. You agree not to compile, organize access, create lists of, or otherwise use Proprietary Information except as authorized by Tuuwa under the Tuuwa Policies and Procedures, as amended from time to time.
No hyperlinks to this Site are permitted without our prior written consent. If you would like to link to this Site from your web site, please submit via email to [email protected] or fax your request to link to this Site to (901) 737-8239. Unless you receive our express written consent, your request to link to this Site shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of Tuuwa, a web site that links to this Site:
• Shall not imply, either directly or indirectly, that Tuuwa is endorsing its products;
• Shall not use any of our Trademarks or the Trademarks of our licensors;
• Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;
• Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill;
• Shall not present false or misleading information about us or the Tuuwa opportunity;
• Shall not misrepresent any relationship with us;
• Shall not replicate in any manner any content in the Site; and
• Shall not create a browser or border environment around Site material.
The information and features included in this Site are subject to change at any time without notice. By accessing or linking to this Site (to the extent linking is permissible), you assume the risk that the information on this Site may be changed or removed.
16. Special Features, Functionality and Events
The Tuuwa Site may offer certain special offerings or events (such as contests,
policies in addition to or in lieu of these Terms and Conditions. If you choose to
take advantage of these offerings, you agree that your use of those offerings may be
17. Consent to Receive Notices Electronically by Posting on the Tuuwa Site
and Via Email
You consent to receive any agreements, notices, disclosures and other
communications (collectively, “Notices”) to which these Terms and Conditions
refer from us electronically including without limitation by e-mail or by posting
notices on this Site. You agree that all Notices that we provide to you electronically
satisfy any legal requirement that such communications be in writing. To withdraw
your consent to receive Notices electronically, you must notify us of your
withdrawal of such consent by emailing us at [email protected] and
discontinue your use of this Site. In such event, all rights granted to you pursuant to
these Terms and Conditions, shall automatically terminate. Unfortunately, we
cannot provide the benefits of this Site to any user that cannot consent to receipt of
18. Mobile Services
The Site may include services and features that are available to certain mobile
devices. Your carrier’s normal rates and fees apply. Not all mobile services will
work with all carriers or devices. By using Tuuwa’s mobile services you agree that
we may communicate with you by electronic means to your mobile device and that
certain information about your use of these services may be shared with Tuuwa. If
you change or deactivate your mobile phone number, you must update your account
information to ensure that we don’t send messages to a different person.
19. Claim of Copyright Infringement
We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:
• A physical or electronic 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 where the material that you claim is infringing is located on the Site;
• Your physical address, telephone number and email 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 by the law; and
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below. To be effective, the counter-notification must be a written communication that contains the following:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Tuuwa may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
By Mail: Tuuwa, Inc.
Attn: Copyright Agent
235 Germantown Bend Cove
Cordova, Tennessee 38018
By Email: [email protected]
By Telephone: (901) 590-2595
By Fax: (901) 737-8239
We are always pleased to receive your comments, suggestions, and Submissions regarding this Site, our products and services, and our opportunity. If you transmit to us, post, or upload any Submissions to or through this Site, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
21. Rules of Conduct
Your Authorization to Use the Site. Your authorization to use the Site and contribute to it depends on your compliance with community standards and the conduct guidelines set forth below. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of the Site and/or take other appropriate measures to enforce these community standards and conduct guidelines. The following is a non-inclusive list of behaviors that are not permitted on the Site. By using the Site, you agree that you will not upload, post, transmit, submit, distribute, or otherwise make available to the Site any Submission that:
• (a) is tortious, libelous, defamatory, disparaging, abusive, harassing, harmful, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise unreasonably offensive [as determined by us in our sole discretion]; (c) is violent or promotes violence, vulgar, obscene, pornographic, or otherwise sexually explicit; (d) is false, misleading; or (e) otherwise harms or can reasonably be expected to harm any person or entity;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, abuse, theft, terrorism, or conspiracy to commit any criminal activity;
• infringes, misappropriates, or violates any right of a third party including: (a) copyright, patent, trademark, trade secret, identity right, publicity right, privacy right, or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
• impersonates any person or entity, including, but not limited to, any of our members, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any content transmitted through the Site or to Tuuwa, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
• is commercial, business related or advertises or offers to sell any products services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
• contains any personal advertising, unsolicited commercial email or “spam,” or offer for sale of any non-Tuuwa products or services, except in areas, if any, specifically designated for such purposes – This includes unethical marketing, advertising, “chain letters,” or any other practice that is in any way connected with “spam,” such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
• contains a virus, Trojan horses, malware, other harmful component, any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept messages sent from a computer or communications device, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site;
• collects or harvests the information of any user or otherwise access the Site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers)
• (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet.
22. Removal of Submissions
Tuuwa is committed to the safety of our children. Persons under the age of 18 may not enroll as Tuuwa Wellness Advisors or register as Customers. Children under the age of 13 may not purchase products through any of our Websites. Tuuwa does not solicit or knowingly collect personally identifiable information from children under the age of 13.
25. Disclaimer of Warranties
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Content of the Site is not intended to, and does not, constitute legal, professional, accounting, tax, medical or healthcare advice or diagnosis, is not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your physician with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any of the Content included in, or accessible through, the Site without seeking the appropriate legal, medical, or other professional advice. Reliance on any information appearing on the Site is strictly at your own risk.
The Site may contain the opinions and views of other users. Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.
26. Limitation of Liabilities
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, WELLNESS ADVISORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, WELLNESS ADVISORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
27. Governing Law, Jurisdiction and Venue:
28. Limitation of Action
29. General Terms
30. Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the “Contact Us” section, below, and we will attempt to verify it for you.
31. Appropriateness of Content
We make no representations that the Content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
33. Export Control
Supply of goods, services and software through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List, or (b) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
34. Contacting Us
By Mail: Tuuwa, Inc.
235 Germantown Bend Cove
Cordova, Tennessee 38018
By Email: [email protected]
By Phone: (901) 737-8282
By Fax: (901) 737-8239
35. Effective Date