decorative

Terms of Use

Last Updated: 11/12/2019

Please read these Terms of Use (“Terms of Use”) carefully before using this website or mobile application. By using this website or mobile application (or any products, services software, tools, applications, features or functionality offered on or through this website or mobile application) (collectively, this “Application”), you have accepted these Terms of Use. If you do not accept these Terms of Use, do not use this Application. Support Stream may modify all or any part of these Terms of Use from time to time without notice to you and you should check back often so you are aware of your current rights and responsibilities. Your continued use of this Application after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this Application.

The terms “Support Stream,” “we,” “our,” and “us” refers to Support Stream Inc., a Texas corporation, whose registered office is 1721 E Southlake Blvd., Suite 200, Southlake, Texas 76092, including all its subsidiaries and affiliates.

The term “you” refers to the user or viewer of this Application.

In order to use this Application, you must be at least 18 years of age. You represent that you are at least 18 years old. If you are not at least 18 years of age, please do not access, use or register with this Application.

The use of this Application is subject to the following terms of use:

General

The content of the pages of this Application is for your general information and use only.

This Application uses “cookies” to monitor browsing preferences. For further information please see our Privacy Policy.

Your use of any information or materials on this Application is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Application meet your specific requirements.

Unauthorized use of this Application may give rise to a claim for damages and/or be a criminal offense.

Registration

In order to set up an account with us and register with this Application, you must also have a valid account directly with Young Living (from which account you must agree to allow us to import certain information). You agree to maintain and update your information (including your email address) to keep it accurate, current and complete at all times. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of this Application. Our use and disclosure of any such information that you provide is governed by our Privacy Policy.

As part of the account set-up and registration process through this Application and/or through Young Living, you may be asked to select a custom website subdomain name. We may refuse to grant you a particular website subdomain name for any reason in our sole discretion, including in the event that we determine that such subdomain name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion.

Your Use of this Application

Subject to and conditioned upon your compliance with these Terms of Use, we grant to you a non-exclusive, non-transferable, non-sublicensable, limited right and license to access and use this Application, including any images, text, graphics, sounds, data, links and other materials incorporated into this Application, solely as made available by us and solely for your own personal purposes. In connection with your personal use, certain aspects of this Application may be shared by you through social media or through your downline channels. This Application, including all such materials and all intellectual property rights therein, remain the property of Support Stream or its licensors or suppliers. Except as expressly authorized by these Terms of Use, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of this Application without the written consent of Support Stream. While using this Application, you agree not to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;
  • Restrict or inhibit any other user from using this Application, including, without limitation, by means of "hacking" or defacing any portion of this Application;
  • Violate any applicable laws or regulations;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Upload to, transmit through, or display on this Application (i) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) any confidential, proprietary or trade secret information of any third party; or (iii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of this Application;
  • Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of this Application;
  • "Frame" or "mirror" any portion of this Application, or link to any page of or material on this Application other than the URLs provided by us to you for such purposes as part of this Application, without our prior written authorization;
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of this Application; or
  • Harvest or collect information about users of this Application without their express consent.

We may terminate your access to and use of this Application immediately if you fail to comply with the above rules.

Making Purchases

To the extent any products or services are offered for sale on this Application, if you wish to purchase any such products or services, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third-party payment processor must be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. If applicable, you authorize us or our third-party payment processor to automatically charge recurring payments on your credit card (or other applicable payment mechanism). You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Price and availability of any products or services are subject to change without notice, and our current prices can be found on this Application. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on this Application are the property of Support Stream or other third parties. You are not permitted to use these Marks without the prior written consent of Support Stream or such third party that may own the Mark.

Copyright

This Application and its content are the copyright of Support Stream, all rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than printing or downloading to a local hard disk extract for your personal and non-commercial use only.

You may not, except with our express written permission, distribute or commercially exploit the content, transmit it, or store it in any other website or other form of electronic retrieval system.

Third-Party Websites, Software and Sites

This Application may direct you to websites operated by third parties and/or products and services offered by third parties ("Third-Party Sites"). We have not reviewed all of the Third-Party Sites to which you may be directed and we have no control over such Third-Party Sites. We are not responsible for (i) the content and operation of such Third-Party Properties, or (ii) the privacy or other practices of such Third-Party Sites. The fact that this Application directs you to such Third-Party Sites does not indicate any approval or endorsement of any Third-Party Sites. We direct you to such Third-Party Sites only as a convenience. You are responsible for the costs associated with such Third-Party Sites, including any applicable license fees and service charges. Accordingly, we encourage you to become familiar with the terms of use and practices of any such Third-Party Sites.

Access to Minors

Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Notice to California Users

Under California Civil Code Section 1789.3, California users of this Application are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Indemnification

You agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees, except where prohibited by law) and other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use, and/or (ii) your activities in connection with this Application.

Disclaimer of Warranties

THIS APPLICATION, INCLUDING ALL MATERIALS INCORPORATED HEREIN, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SUPPORT STREAM AND ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE AND OUR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THIS APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APPLICATION, THE SERVER(S) ON WHICH THIS APPLICATION IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THIS APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS APPLICATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF SUPPORT STREAM OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS OR AGENTS, WHETHER MADE ON OR THROUGH THIS APPLICATION OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THIS APPLICATION IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER SUPPORT STREAM NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOST PROFITS, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE LOSSES), EVEN IF SUPPORT STREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS APPLICATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS APPLICATION IS TO STOP USING THIS APPLICATION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF SUPPORT STREAM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THIS APPLICATION IS LIMITED TO THE AMOUNT YOU PAID TO US. IN ALL CASES, SUPPORT STREAM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Exclusion and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF CERTAIN LIABILITY LIMITATIONS. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS (INDEMNITY, DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY) MAY NOT APPLY TO YOU. IN PARTICULAR, IF YOU ARE A RESIDENT OF NEW JERSEY, SUCH SECTIONS OF THESE TERMS OF USE SHALL NOT APPLY TO YOU, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR IN ANY LINKED, INCORPORATED OR OTHERWISE REFERENCED DOCUMENT, POLICY OR TERMS AND CONDITIONS.

Miscellaneous

These Terms of Use are governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Tarrant County, Texas, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms of Use, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms of Use, and the remainder of these Terms of Use and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. These Terms of Use may not be modified or amended except as set forth herein. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

If you have any questions or comments regarding these Terms of Use, please contact us.