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Terms of Service | Young Living

Terms of Service

Last updated July 7, 2021

Please read these Terms of Service (collectively with Young Living’s Privacy Policy, the “Terms of Service”) fully and carefully before using youngliving.com (the “Site”) and the services, features, promotions, credits, content, applications, or products offered by Young Living Essential Oil, LC and its parent or affiliates (“we”, “us”, “our” or “Young Living”) (together with the Site and the Application (as defined below), the ”Services”) in the United States. If you are using the Services outside of the United States, a location-specific set of terms may apply to you instead, so please check the applicable country-specific website. These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services and your purchase of the subscriptions and products sold through the Services.

ACCEPTANCE OF TERMS OF SERVICE

  1. By registering with and/or using the Services in any manner, such as browsing or making purchases through the Site or our mobile application (the “Application”), you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site or through the Services by us, each of which is incorporated by reference and each of which may be updated by us from time to time. If you do not accept these Terms of Service, you are not permitted to, and you must not, access or use the Services or purchase products or services from us.

  2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. IF YOU HAVE SIGNED UP FOR AN AUTOMATICALLY RENEWING SUBSCRIPTION SERVICE, PLEASE READ THE “AUTO-RENEWALS AND RECURRING BILLING AND OTHER SUBSCRIPTION SERVICES” SECTION BELOW. IF YOU SIGNED UP FOR THE LOYALTY REWARDS PROGRAM, PLEASE READ THE LOYALTY REWARDS PROGRAM SECTION BELOW.

  3. These Terms of Service apply to all users of the Services, including, without limitation, registered and unregistered users. We have a Privacy Policy that you should refer to in order to fully understand how we collect and use your information.

  4. ARBITRATION NOTICE AND CLASS ACTION WAIVER, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS DETAILED IN THE “DISPUTE” SECTION BELOW.

ELIGIBILITY

You represent and warrant that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Services with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Services. If you are under 18 years of age and have not received such permission from your parent or legal guardian, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

REGISTRATION

To sign up for the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including, but not limited to, any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account. You may delete your Account, either directly or through a request made to one of our employees or affiliates.

BEING PART OF A SPONSOR'S TEAM

RESELLING YOUNG LIVING PRODUCTS

Unless you first enroll as a Brand Partner, you are referred to as a “customer” and are not authorized to market, promote, or resell Young Living products; supply the product to any person you know or should reasonably know are likely to sell the products in an unauthorized manner; sponsor or sign-up others as Young Living Brand Partners; or receive commissions under the Young Living Compensation Plan. You may enroll as a Brand Partner at http://youngliving.com/us/en/company/becoming-a-brand-partner.

SPONSORS

You may be assigned a sponsor that participates in the Young Living business opportunity as a Brand Partner. If you are assigned a sponsor will be placed in that sponsor’s team (alternatively known as a “downline”). You may change your sponsor by following the procedures outlined in Sponsor Change section of the Policies and Procedures for Young Living Brand Partners. You consent to Young Living providing your name, contact information, and order information to your assigned sponsor and their sponsors, and so on to your sponsor and their support team (alternatively known as an upline), as outlined in the Privacy Policy.

CONTENT

DEFINITION

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, illustrations, videos, audio clips, artwork, interfaces, products, written posts and comments, software, scripts, graphics, interactive features and other content generated, provided or otherwise made accessible on or through the Services. While we try to make sure that all Content contained in the Services (other than any user-generated content, if applicable) is correct, it is not intended to amount to authority or advice on which reliance should be placed. Information made available through the Services is not a substitute for information from experts or professionals in the applicable area. You acknowledge that all Content accessed by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

NOTICES AND RESTRICTIONS

The Services may contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the Services. You shall not sell, license, rent or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services as contemplated by us and these Terms of Service is expressly prohibited without prior written permission from us.

Young Living and other Young Living trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of Young Living (collectively “Young Living Marks”). Other trademarks, service marks, graphics and logos used in connection with the Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The Young Living Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Young Living or the applicable trademark holder.

USE LICENSE

The Content, as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Services, are owned, controlled, and licensed by Young Living or its licensors, unless otherwise indicated. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services.

AVAILABILITY OF CONTENT

We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right, but do not have any obligation, to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) remove or block any Content from the Services.

CONSENT TO BE CONTACTED

You agree that we (and others on its behalf) may contact you at the telephone number that you provided when registering, if applicable, (and any other telephone number that you provide) via text message (whether manually or automatically dialed) and telephone call (whether manually or automatically dialed, and whether using live, artificial, or prerecorded voices). You also agree that such communication may include, without limitation, communications about your account and order notifications, communications regarding brand partner and consumer inquiries, and attempts to collect debts. You acknowledge that message and data rates may apply to such communications. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR CONSENT TO SUCH COMMUNICATIONS IS A MATERIAL TERM OF THIS AGREEMENT, IS GIVEN AS BARGAINED-FOR CONSIDERATION, AND CANNOT BE UNILATERALLY REVOKED OR MODIFIED.

Some of our services may allow you to receive SMS, MMS or other text message notifications from us (each, a “Text Message”). To the extent you voluntarily opt to have Text Messages from us sent directly to your mobile phone, the following terms apply:

In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us. You can opt out of receiving any further Text Messages from us by replying “STOP” to any Text Message you receive from us.

We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your messages. We may use this information to contact you and to provide the Services you request from us.

By providing us with your wireless phone number, you confirm that you want us to send you information that we think may be of interest to you to such phone number, which may include using automated dialing technology to send you Text Messages at the wireless number you provided.

For more information on how we use telephone numbers, please read our Privacy Policy.

USER CONTENT

Any Content that is submitted to us or to the Services by users, or otherwise added, uploaded, distributed or posted to the Services, whether publicly or privately transmitted, including, without limitation, product reviews, survey responses and comments (“User Content”), is the sole responsibility of the person who originated such User Content. User Content also includes Content provided by users through third party services such as a user’s social media account (e.g., Facebook, Instagram, Twitter, etc.) if such Content mentions, tags or otherwise interacts with Young Living, the Services or any of our products or services. You represent that all User Content submitted by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations. User Content that you submit must not: (i) contain any content that infringes intellectual property rights, data protection or privacy rights of an individual; (ii) be defamatory or threatening; (iii) impersonate any person or entity; (iv) contain unauthorized advertising; or (v) transmit or distribute any virus and/or other code that has contaminating or destructive elements. We make no representations, warranties or guarantees with respect to any User Content that you access on or through the Services.

By submitting User Content through the Services, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), fully paid, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), edit, modify and make derivative works from your User Content (including, without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever, commercial or otherwise, without compensation to you. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services.

In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights or any other intellectual property or proprietary rights.

Any feedback, reviews, comments, suggestions or recommendations for modifications, improvements or changes to the Services that you provide to us (“Feedback”) shall be solely owned by us (including all intellectual property rights therein and thereto). You hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback.

RULES OF CONDUCT

  1. As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.

  2. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; (vii) distribute information you know is false, misleading, untruthful, unlawful or inaccurate; (viii) upload any software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies.

  3. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including, without limitation, any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

  4. We also reserve the right to access, read, preserve and disclose any information or content as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including, without limitation, the investigation of potential violations hereof; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.

  5. All orders of our products must be for personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes, including through e-commerce sites (e.g., eBay, Amazon, Craigslist) or provide them to anyone who you know is likely to sell them on such sites. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.

THIRD PARTY SERVICES

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

ORDERING, DELIVERY, PAYMENTS AND BILLING

PAID SERVICES AND TERMS OF SALE

Certain of our Services, including the purchase of any products or subscriptions offered by us, may be subject to payments now or in the future (the “Paid Services”), which in certain cases may include recurring, automatically renewing payment obligations (as further described in the “AUTO-RENEWALS AND RECURRING BILLING AND OTHER SUBSCRIPTION SERVICES” section below). Refunds and return are governed by the Returns Policy available at https://www.youngliving.com/en_US/company/return-policy. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Service.

You may place an order for Paid Services at any time (subject to any planned or unplanned downtime). You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Submit” button (or other similarly named button) on the checkout page. An order submitted by you constitutes a legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to these Terms of Service, at the price and on the terms stated when you sign up or place your order. All orders are subject to acceptance by us. Your order will not be considered accepted until we have received payment of the purchase price of your order. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records. Unless otherwise stated at the time you place your order, title and risk of loss pass to you upon delivery to the shipping address you specified when you placed the order, provided full payment of all sums due in respect of the product(s), including any delivery charges, has been received.

Our products and services, including, without limitation, our Paid Services, are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported or used for any other commercial purpose, including through online sales channels such as Amazon, eBay or similar online marketplaces. If you want to market, promote, and resell Young Living products you must sign up as a Young Living brand partner by signing the Young Living Brand Partner Agreement. The rights you have under these Terms of Service are personal to you and are non-transferable.

Please note that we cannot offer refunds, exchanges or customer service for products that have been acquired from an unauthorized reseller, including, but not limited to, any seller on Amazon, eBay or similar online marketplaces.

BILLING

We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. More information is available in our Privacy Policy. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

PAYMENT METHOD

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

SUBSCRIBE TO SAVE - AUTO-RENEWALS AND RECURRING BILLING AND OTHER SUBSCRIPTION SERVICES – IMPORTANT – PLEASE REVIEW

Some of the Paid Services, such as the purchase of products on recurring orders or subscriptions, may consist of recurring periodic charges that you agree to when you sign up for auto-replacing products (the “Subscription Services or the “Subscribe to Save Program”). The Subscribe to Save Program give you the ability to specify how regularly you would like to order any auto-replacing products. The Subscribe to Save Program benefits are limited to items displaying a “Subscribe to Save” offer. Your subscriptions will each automatically create a new order according to your chosen delivery schedule, until you cancel. Unless you opt out of a Subscription Service, which can be done via the methods described below, the Subscribe to Save Program that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional rate. More information on Subscribe to Save Program can be found at www.youngliving/en-us/shop/subscribe-to-save. By choosing a Subscribe to Save Program subscription, you acknowledge that such Subscribe to Save Program has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation of such Subscribe to Save Program subscription. All recurring payments relating to Subscribe to Save Program are fully earned upon payment. Any credit balances on your account may be applied toward the balance of your order before charging any remaining balance to your payment method.

Young Living reserves the right to change the Subscribe to Save Program benefits, including the discount amounts and eligibility used to determine discount amounts, at any time in its sole discretion. All changes will apply to future orders, including for current subscriptions. Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, and shipping charges). The total cost charged to your payment method for each subscription order will be the cost of the item on the day that order is processed less the applicable subscription discount, plus any applicable sales tax. If the item is unavailable when we plan to ship it, you authorize us to fulfill your order with a similar item that we believe will meet your expectations.

To change or cancel your Subscribe to Save Program subscription at any time, go to your Account Manager. If you terminate a Subscribe to Save Program subscription, your subscription will not be renewed after your then-current subscription term expires.

WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, OR TO CHANGE YOUR PAYMENT METHOD OR SUBSCRIBE TO SAVE PROGRAM SUBSCRIPTION, GO TO YOUR ACCOUNT MANAGER.

LOYALTY REWARDS PROGRAM

You will be eligible for our Loyalty Rewards program every month that you have a Subscribe to Save Program subscription order of at least 50 PV. This program allows you to earn reward points and gifts for making monthly product purchases.

Each month you are eligible for the Loyalty Rewards program, you will receive reward points. Reward points are awarded based on the amount of PV of your subscription order and the number of months that you have consecutively received a subscription order, based on the following schedule:

  • During the first 3 consecutive months of participation: 10 percent of your subscription order’s PV in rewards points

  • Between the 4th and 24th consecutive months of participation: 20 percent of your subscription order’s PV in rewards points

  • After 24 consecutive months: 25 percent of your subscription order’s PV in rewards points

We reserve the right to modify the point calculation schedule at any time without notice. A current version of the point calculation schedule is posted on the Loyalty Rewards webpage.

Reward points are redeemable after two consecutive months of subscription and are valid toward products that have full PV associated with them. Any products with a discounted PV cannot be redeemed with reward points. Reward points may not be used toward shipping and taxes. While there is no limit to the number of reward points that can be accumulated, a maximum of 375 reward points may be redeemed in a single month. Products purchased with reward points are not eligible for personal volume (PV) or organizational volume (OGV) for Brand Partners in your support team (upline). Reward points can be redeemed at checkout by selecting “Apply Points.” Reward points can be used toward subscription orders. Products purchased with reward points are not eligible for return or refund. Unused reward points expire 12 months from the month they were earned.

Ordering for consecutive months may earn loyalty gift at the following anniversary dates: 3 consecutive months, 6 consecutive months, 9 consecutive months, and 12 consecutive months, and annually for every 12 consecutive months after the initial 12 months. Young Living reserves the right to modify the gifts, anniversary dates, and/or the giving of loyalty gifts at its sole discretion and without any prior notice.

WHOLESALE PRICING

You qualify to receive a wholesale discount on an order and all subsequent orders for the next 12 months when you (1) make a single order of at least 100 PV or (2) have an active Subscribe to Save Program subscription with at least one item scheduled for automatic delivery. Additionally, if you have made a purchase of at least 50 PV between June 1, 2020 and July 13, 2021 you will automatically receive the wholesale discount on all of your purchased until July 13, 2022.

Absent qualifying for any discounted pricing, you purchase products at the listed retail price.

CURRENT INFORMATION REQUIRED

You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made in your Account Manager. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

CHANGE IN AMOUNT AUTHORIZED

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. If, on receipt of such notice, you do not wish to continue with the purchase, you may cancel at any time before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

REAFFIRMATION OF AUTHORIZATION

Your non-termination or continued use of a Paid Service (including, without limitation, Subscribe to Save Program) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage or as otherwise described when you initially selected to use the Paid Service.

TERMINATION

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.

WARRANTY DISCLAIMER AND RELEASE

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the Services, or how you may interpret or use the Content. You release us and our officers, directors and employees from all liability arising out of or relating to your having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance or legality of material or Content contained in or accessed through the Services.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You shall defend, indemnify and hold harmless us and our employees, contractors, directors, officers, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or Content in violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

LIMITATION OF LIABILITY

TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00. THESE LIMITATIONS WILL ONLY APPLY TO THE EXTENT PERMITTED BY LAW AND DO NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM OUR ACTS OR OMISSIONS OR TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

DISPUTES

ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, will be settled by arbitration. You and Young Living agree that to promote the fullest extent reasonably possible a mutually amicable resolution of the dispute in a timely, efficient, and cost-effective manner, you and Young Living will waive their respective rights to a trial by jury and settle their dispute by submitting the controversy to binding arbitration. You and Young Living waive all rights to trial by jury or to any court.

The arbitration will be filed with, and administered by, Judicial Arbitration and Mediation Services (“JAMS”) under its rules and procedures. Copies of the rules and procedures are available at the JAMS website at jamsadr.com and will be emailed to you upon request to conduct@youngliving.com.

The arbitrator(s) has the authority to determine jurisdiction and arbitrability issues as a preliminary matter, except the arbitrator(s) shall not have the authority to determine whether the arbitration can proceed on behalf of or against a class.

Notwithstanding the rules of the JAMS, the following will apply to all arbitration actions:

  • All arbitration proceedings will be held in Salt Lake City, Utah.

  • The arbitration agreement and the arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. To the extent that there is a conflict between the Federal Arbitration Act and Utah law, the Federal Arbitration Act prevails.

  • The arbitration will be conducted in English.

  • The Parties agree that time is of the essence.

  • The Federal Rules of Evidence will apply in all cases.

  • The Parties will be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure.

  • The Parties will be allotted equal time to present their respective cases, including cross-examinations.

  • The arbitrator(s) have no authority to award punitive damages. Each Party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration, except where an applicable statute or other law allows for punitive damages.

Each party to the arbitration will be responsible for its own costs and expenses of arbitration, including legal and filing fees, except where an applicable statute or other law provides for recovery of legal fees and costs. The decision of the arbitrator will be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction.

You and Young Living agree an understand that maintaining confidentiality of disputes and dispute resolution is of the utmost importance. You, Young Living and the arbitrator(s) will maintain the confidentiality of the entire arbitration process and will not disclose to any person not directly involved in the arbitration process:

  • The substance of, or basis for, the controversy, dispute, or claim

  • The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration

  • The terms or amount of any arbitration award

  • The rulings of the arbitrator(s) on the procedural and/or substantive issues involved in the case

In addition to the foregoing and notwithstanding the rules of JAMS, certain procedures will apply depending on the amount in controversy. For controversies and claims in which the amount in controversy is less than $1,000,000.00 (one million dollars), the following procedures will apply:

  • The arbitration will occur within 180 days from the date on which the arbitrator is appointed and will last no more than five business days.

  • There will be one arbitrator selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection.

  • The arbitrator(s) shall institute discovery consistent with the goals of arbitration, Discovery and disclosure of information will be conducted under the rules provided by JAMS to achieve the usual goals of arbitration, including cost effective and efficient resolution of disputes between parties, but in no event shall, the Parties be entitled to discovery rights greater than provided by the Federal Rules of Civil Procedure.

For controversies and claims in which the amount in controversy is equal to or exceeds $1,000,000.00, the following procedures will apply:

  • There will be three arbitrators selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection.

  • You and Young Living will be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure.

  • You and Young Living will be entitled to appeal any arbitration award to an Appeal Panel under JAMS Optional Arbitration Appeal Procedures. The Parties agree to and request oral argument for any appeal filed under the Optional Arbitration Appeal Procedures.

Neither you nor Young Living agrees to any arbitration on a class basis, and the arbitrator(s) shall have no authority to proceed on such a basis. You or Young Living may assert a claim or counterclaim only in that party’s individual capacity and not as a plaintiff or class member in any purported class proceeding. Notwithstanding anything to the contrary in the JAMS rules, the arbitrator(s) may not consolidate more than one person’s claims and may not otherwise preside over any form of class proceeding. UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR(S) SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE OF YOU OR OUR CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.

In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the entire agreement to arbitrate will be null and void.

Except as provided below, neither you or Young Living shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter has been submitted and determined as provided here, and then only for the enforcement of such arbitration award. Notwithstanding this arbitration policy, either you or Young Living may apply to a court of competent jurisdiction as necessary to enforce an arbitration award, or to seek a temporary restraining order or preliminary injunction to ensure that the relief sought in arbitration is not rendered ineffectual during the pendency of, or after the rendition of, a decision in any arbitration proceeding. The institution of any action shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive or enforcement relief to arbitration. Further, any party seeking to enforce an award of an arbitrator(s) shall submit the award under seal to maintain protections of confidential information, and the you and us hereby agree and consent to the filing of such a submission, motion, or order under seal.

WAIVER OF CLASS ACTIONS

YOU AND YOUNG LIVING AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, FEDERAL OR STATE CLASS ACTIONS OR CLASS ARBITRATIONS.

GOVERNING LAW AND JURISDICTION

Subject to the Disputes section above, these Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah, including its conflicts of law rules, and the laws of the United States of America. Subject to the Disputes section above, you agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts in Salt Lake City, Utah.

MODIFICATION

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend or discontinue the Services, in whole or in part, (including, without limitation, the availability of any feature, database or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will use commercially reasonable efforts to timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Subject to the Disputes section, your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.

MISCELLANEOUS

ENTIRE AGREEMENT AND SEVERABILITY

These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site and the Application, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

FORCE MAJEURE

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, acts of God, pandemic or disease epidemic, embargoes or blockades, national or regional emergency, or flood fire or explosion.

ASSIGNMENT

These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

COUPON CODES

Coupon codes have no cash value and cannot be redeemable for cash and cannot be combined with any other offers. Limit one coupon code per order. Coupon codes generally expire and are no longer valid for redemption 30 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. Young Living reserves the right to change or limit coupon codes in its sole discretion.

AGENCY

No agency, partnership, joint venture or employment relationship is created as a result of these Terms of Service and neither you nor Young Living has any authority of any kind to bind the other in any respect.

NOTICES

Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given: (i) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (ii) when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or (iii) the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to your primary email address on your account.

NO WAIVER

Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

HEADINGS; INTERPRETATION

The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. Any use of the words “including”, “for example” or “such as” in these Terms of Service shall be read as being followed by “without limitation” where appropriate.

CONTACT

You may contact us at the following address: Young Living, LLC, 1538 Sandalwood Dr., Lehi, UT 84043.