Subscription AGREEMENT
This Subscription Agreement is between you ("I"
or "me" or "you" or "your") and Nu Skin
Enterprises United States, Inc., a Delaware corporation, 75 West Center Street,
Provo, Utah 84601 ("Company"). I understand that the Subscription
Program ("Subscription Program") is an optional program that allows
me to place a standing order ("Subscription") with the Company that
will be conveniently shipped to me on a monthly basis and charged to my credit
card (or other payment
method accepted by Nu Skin) on a recurring, monthly basis (unless I have
selected the option of shipments every other month). Please note
that your Subscription will also be governed by the Terms of Use for Nu Skin’s website and by our Privacy Notice. If you are a Member, it will be
also governed by your Member Agreement, and if you are a Nu Skin Brand Affiliate
it will be governed by your Brand Affiliate Agreement and Brand Affiliate
Policies and Procedures.
A. Subscription Purchases and Returns
1.
Purchases: Whether a Brand Affiliate,
Member, or Customer, you are able to participate in the Subscription Program by
selecting items and putting them in your subscription as re-occurring orders.
There is no minimum order requirement in order to participate in this program.
2. Returns:
Purchases made under this Subscription
agreement are subject to Nu Skin’s return policy which is available here.
B. Shipping and Shipping Rates
1. Shipping Address. My shipping address must be in the same country as
the Company from whom I have ordered the products. For example, if the
Company is in the United States, then the shipping address I have provided must
be in the United States. Please remember that any order by a non-resident
will be limited to a personal use limitation, which is a one month's supply of
the product for two adults.
2. Shipping Rates
Current Shipping Rates can be found in the link
below:
https://www.nuskin.com/en_US/corporate/help/shipping_returns.html
C. Customer Restrictions. As a customer, I cannot (a) sell the products I have
purchased. They are for personal consumption only; or (b) sponsor other Brand
Affiliates or other customers.
D. Indemnity and Limitation of Liability Agreement;
Arbitration Agreement. This Indemnity and Limitation of
Liability Agreement is between Nu Skin International, Inc. ("NSI"),
the Company, and me.
1. Indemnity
I will indemnify and hold NSI, the Company, and their
affiliated companies, and each of their shareholders, officers, directors and
employees harmless from and against any claim, demand, liability, loss, action,
causes of action, costs, or expenses, including, but not limited to, reasonable
attorney's fees, resulting or arising from, directly or indirectly, any acts or
omissions by me in conducting my independent Nu Skin business (if I am a Brand
Affiliate), including without limitation, breach of representations and
warranties, material breach of the Subscription Agreement and Subscription
Program and any other agreements between the parties, or any other claims or
causes of action.
2. Limitation of Liability
I agree that NSI, the Company, and their affiliated
companies will not be liable for any special, indirect, direct, incidental,
punitive, or consequential damages, including loss of profits, arising from or
related to the breach of the Subscription Agreement and Subscription Program,
or other agreements between the parties. I agree that the entire liability of
NSI, the Company, and their affiliated companies for any claim whatsoever
related to my relationship with NSI, the Company, and their affiliated companies,
including but not limited to any cause of action arising in contract, tort, or
equity, will be limited to the cost of products that I have purchased from the
Company, and its affiliated companies under the Subscription Agreement and Subscription
Program or other agreements.
3. Alternative
Dispute Resolution
Brand Affiliates: If
I am a Nu Skin Brand Affiliate or Member I agree to
resolve all disputes with NSI, the Company, and their affiliated companies
through NSI's alternative dispute resolution policy. This alternative dispute
resolution policy is part of my Distributor Agreement or Member Agreement with
Nu Skin.
Retail Customers: If
I am not subject to Nu Skin’s alternative dispute resolution, I am subject to
the terms of this paragraph. I hereby
consent to submit to the exclusive jurisdiction of the courts of the state of
Utah and of the United States of America located in Utah for any litigation
arising out of this agreement or relating to participation in Nu Skin’s Subscription
program and agree not to commence any litigation relating thereto except in
such courts. I waive any objection to the laying of venue of any such
litigation in the courts of the state of Utah and agree not to plead or claim
in any court in the state of Utah that such litigation brought therein has been
brought in an inconvenient forum.
F. General Terms and Conditions
1. Sign-up Procedures; Multiple Subscription
Orders.
(a) By submitting
this Subscription Agreement, I acknowledge that I have set up a Subscription
account in my name ("Subscription Account").
(b) If I am a Brand Affiliate I
may place orders for multiple customers under my Subscription Account. I
agree that if I place orders for other people besides myself, e.g., my
customers, under this Subscription Account, then I will be the primary name on
this Subscription Account unless I notify the Company in writing that another
person whose Subscription orders are on this Subscription Account is the
primary name. IF I PLACE SUBSCRIPTION ORDERS ON THIS SUBSCRIPTION ACCOUNT
FOR OTHER PERSONS, THEN I AGREE TO PROVIDE SAID PERSONS WITH A COPY OF THESE
TERMS AND CONDITIONS.
2. Payment.
(a) I have specified on this Subscription
Agreement the quantity of each product that I desire to receive every month and
provided the Company with my valid Visa, MasterCard, American Express, or
Discover Card number along with the card's expiration date, or with any other
payment method which may be accepted by Nu Skin at its discretion. All
products ordered by me must be paid in full before the products are shipped.
(b) If I have selected a credit card as the method of
payment, then I authorize the Company or its affiliated company to charge my
credit card each month for the products specified above.
(c) If I have selected a debit arrangement, I authorize
the Company, either by paper or electronic means, to debit and, if appropriate,
credit to my savings or checking account. I authorize the depository I have
indicated, hereinafter called the "Bank," to debit or credit the same
to such account. This authority shall remain in force and effect until both the
Company and the Bank have received written notice from me of its
termination. I must provide an appropriate period of time for the Bank
and the Company to act on my notice of termination. The Company will make no
other charge to my account except those that I have authorized (sales tax
charges may fluctuate in accordance with changes in applicable sales tax
rates). The Company and the Bank will be fully protected in honoring this
authorization. If any check or charge is dishonored, with or without cause and
whether intentionally or inadvertently, then the Company and the Bank will have
no liability to any party. I further authorize the Company to release
this pre-authorization to the Bank in establishing and maintaining my direct debit
account. It may take up to five business days for the Bank to verify funds.
3. Change of Address or Orders. Unless I notify the Company in writing by mail,
facsimile, online, or via telephone of a change in my address or any changes to
my order at least 30 days prior to my designated shipment date, the products I
have selected will be sent to me each month at the address I have provided.
The Company will make the adjustments specified in my written notice no
later than 30 days after receiving such notice.
4. Discontinued Products; Stock Outs.
(a) The specific products I selected may be discontinued
by the Company. If discontinued, the Company will provide me with written
notice at least five business days prior to the discontinuance of the products, and will continue to send me the remaining items
selected on my Subscription Agreement. I may select other products to
replace the discontinued products. Purchase price and shipping fees will
be automatically changed to reflect the change in my order.
(b) If my Subscription order contains a product that is
out of stock, when possible the Company will send me an email notification and
substitute a similar or related product in my order unless I inform the Company
in writing at least five business days before the order ships that I would like
to substitute a different product. Once the out of
stock product is available, the substituted product will be deleted from
my order and the regular product shipped in my next regularly scheduled
order. Any out of stock product will not be sent
in addition to the substituted product when it becomes available.
5. Price Increases. The Company may change the price of the products
that I have selected. If the price of a specific product is increased,
then the Company will provide me with written notice at least 15 days prior to
the price increase, and unless I direct them to do otherwise, will continue to
send me the selected products at the increased price.
6. Termination
of Subscription Program or Orders.
(a) Upon 30 days prior written notice, the Company may
terminate the Subscription Program. The Company may also immediately
terminate my right to participate in the Subscription Program and this Subscription
Agreement and notify me of the termination if (i) the
credit card or bank authorization provided in this Subscription Agreement expires,
is cancelled or otherwise terminated, (ii) I violate the terms and conditions
of this Subscription Agreement, or (iii) if I am a Brand Affiliate, I have
violated the terms and conditions of my Brand Affiliate Agreement.
(b) I may cancel my Subscription order in writing or by
contacting customer service at 1-800-487-1000 FREE at any time. I may also
cancel my Subscription through my online account. The Company will cancel my Subscription
Agreement within 30 days after it receives my written notice.
(c) Upon 30 days prior written notice, the Company may, in
its sole discretion, modify the terms and conditions of this Subscription
Program
(d) I agree that if I am a Brand Affiliate, then my immediate
upline Brand Representative will be notified if I cancel my Subscription
Account. The upline Brand Representative will only receive my name, ID
number, and limited contact information. No details regarding the
specifics of my Subscription orders will be provided.
7. No Modification of Affiliate Agreement; Customer
Assistance. The terms and conditions
contained in this Subscription Agreement do not supersede or modify in any way
the terms and conditions of my Brand Affiliate Agreement and the Policies and
Procedures. If I am a Brand Affiliate, (i)
I will assist my customers in obtaining any requested refunds under the Subscription
Program; (ii) I acknowledge that I have sold or personally consumed at least
80% of my last month's purchase of products; and (iii) I agree that with my
participation in the Subscription Program I agree to the terms of this Subscription
Agreement, the Brand Affiliate Agreement, the Policies and Procedures, as
amended.