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Thank you for using
The Berry Tree, Nutronix and
AutomaticBuilder websites.
AutomaticBuilder and Berry Tree Web
sites (our "Site(s)") are services
made available by Horizons Marketing
Inc. ("we" or "us"). The following
policies apply to websites owned and
operated by Horizons Marketing
(including, but not limited to
AutomaticBuilder and The Berry
Tree), and to the products of
Nutronix International. Horizons
Marketing, AutomaticBuilder, The
Berry Tree and Nutronix
International will be referred to
collectively as “The Company”. You
(referred to herein as "You" "Your(s)"
or "User" or “you”) agree that Your
use of such Services is at Your own
risk. YOUR USE OF OUR SITE(S)
CONSTITUTES YOUR AGREEMENT TO BE
BOUND BY THE FOLLOWING TERMS AND
CONDITIONS. PLEASE READ THEM
CAREFULLY BEFORE USING THE SITE. IF
YOU DO NOT AGREE WITH ANY PART OF
THESE TERMS OF USE, YOU MUST NOT USE
OUR SITE.
Your
User License
You are granted a
limited, nonexclusive,
nontransferable license to access
the Site and its content in
accordance with these Terms of Use.
If you are under 18, you may use our
Site only with the involvement of a
parent or guardian. Our Site is
hosted in the United States but
contains some general information
that is appropriate for global
access and use. We make no
representation that all materials on
the Site are appropriate or
available for use in locations
outside the U.S., and accessing them
from territories where their
contents are illegal is prohibited.
Those who access this Site from
other locations do so on 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. 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, 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.
Limitations on Your Use
No material from our
Site may be copied, reproduced,
republished, downloaded, posted,
displayed, transmitted, or
distributed in any way, except that
you may download one copy of the
materials on any single computer for
your personal, noncommercial home
use only, provided that (i) you keep
intact all copyright and other
proprietary notices, and (ii) you
make no modifications to the
materials. 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 Web site or
computer environment is expressly
prohibited. All trademarks, service
marks, trade names, and trade dress
are proprietary to us.
Intellectual Property Rights
Copyright — The Site
design, text, content, selection and
arrangement of elements,
organization, graphics, compilation,
magnetic translation, digital
conversion and other matters related
to the Site are protected under
applicable 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 otherwise provided herein,
none of these elements may be used,
copied, reproduced, downloaded,
posted, displayed, transmitted,
modified, or distributed in any form
or by any means, including, without
limitation, electronic, mechanical,
photocopying, recording, or
otherwise, without our prior written
permission.
Trademark
— Horizons Marketing™,
AutomaticBuilder™, The Berry Tree™,
Nutronix International™, the logos,
and all product names, company
names, and other logos, unless
otherwise noted, are trademarks
and/or trade dress of The Company,
in the United States, or its
affiliates or other companies under
common ownership or control (the
"Marks"). All other trademarks,
product names, company names, logos,
service marks, and/or trade dress
mentioned, displayed, cited or
otherwise indicated on the Site are
the property of their respective
owners. 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.
Copyrighted Materials
All Nutronix
International, AutomaticBuilder and
Berry Tree literature, audiotapes,
videotapes, Internet website
material, and programs are
copyrighted by The Company and may
be duplicated only by obtaining the
prior written consent of The
Company. A Distributor may not,
without the prior written approval
of The Company, produce for sale, in
personal or business use, any audio,
video, or other recording of
Company-sponsored events, speeches,
or meetings.
Internet Use & Promotional Materials
A Distributor may use
the World Wide Web to promote The
Company business by creating a
personal website if they choose. A
Distributor may also create
promotional items such as business
cards, advertisements, brochures,
and the like to promote their
personal business. Such promotional
materials, websites and all other
websites used by a Distributor must
adhere to the following rules:
1) All Distributors’
websites and promotional materials
are subject to review and approval
by The Company Distributor
Compliance Department.
2) A Distributor may
not register or use any Company
name(s), trademark(s), logo(s), or
product name(s) in any URL address
or Domain name, and The Company
reserves the right, at its
discretion, to reject, refuse, and
withdraw a URL or Domain Name.
Further, the website or promotional
materials shall not contain any
hyperlinks to websites of
competitors or competitors’
products.
3) A Distributor’s
website or promotional materials may
display Company product information
as long as the information and
website are approved in advance by
The Company Distributor Compliance
Department. The product information
shall not make prescriptive,
disease, medicinal, or therapeutic
claims.
4) A Distributor’s website or
promotional materials may contain
certain personal and opportunity
testimonials as well as motivational
information under the following
rules:
a) The material
reflects the honest and balanced
expression of the true experience of
the provider of the testimonial or
motivational information;
b) The material does
not represent that all people will
have the same experience; and
c) The material is
accompanied by a disclaimer
acceptable to The Company.
5) Product
testimonials shall not be displayed
on a Distributor’s website or on
promotional materials without
approval by the The Company
Distributor Compliance Department.
6) A Distributor’s
website or promotional materials may
not contain claims that the products
or programs are for sale in any
country other than the country in
which the products or programs have
been approved by The Company.
7) A Distributor’s
website or promotional materials
shall not infringe on any
third-party trademarks or
copyrights. The Distributor agrees
to indemnify and hold The Company,
its affiliates, and subsidiary
organizations and their directors,
officers, employees, and agents
harmless against any action or claim
for infringement on a third party’s
intellectual property rights arising
from the website or promotional
materials.
8) The Distributor
may not use mass e-mailings (except
to those on “opt-in” lists) or
e-mail spamming to promote The
Company opportunity or products.
Distributors are encouraged to
follow all Internet etiquette and to
be good Internet citizens.
9) The Distributor
agrees to comply with all local,
regional, national and international
laws when distributing materials
through any electronic means
(internet, phone, etc) or by
distribution of any promotional
materials. For example, the
Distributor will not violate any
littering or posting laws, rules or
ordinances when distributing their
promotional materials. We strictly
forbid the use of flyers or posting
signs as promotional materials as
they are usually illegal,
ineffective and a hazard to the
environment.
Indemnification
You agree to
indemnify, defend and hold us, our
officers, directors, employees,
agents, designees, independent
Distributors and representatives
harmless from and against any and
all claims, damages, losses, costs
(including reasonable attorneys’
fees) or other expenses that arise
directly or indirectly out of or in
any way related to: your acts or
omissions in connection with the
Site or other Offerings; the acts or
omissions of any person in
connection with the Site or other
Offerings using your account; your
purchase or use of the Site or other
Offerings and the purchase or use of
the Site or other Offerings by any
person using your account; breach of
any provision of this Agreement; any
allegation that any materials
submitted to us, transmitted to us
or through the Site or other
Offerings infringe or otherwise
violate the copyright, trademark,
trade secret or other intellectual
property or other rights of any
third party; and/or violation of the
rights of any party, including
without limitation any claims of
libel, defamation, violation of
rights of publicity, trespass, and
infringement of intellectual
property or other proprietary
rights.
Cross
Sponsoring and Cross Promoting
The Company does not
allow cross sponsoring or cross
promoting of products, goods,
services and or marketing materials,
including websites, sales aids,
sales leads and or any promotional
items without expressed written
permission.
Cross Sponsoring is
defined as sponsoring or attempting
to sponsor a member of our companies
into another network marketing
company, affiliate program or any
other business opportunity; unless
you are the persons sponsor in the
Berry Tree, Nutronix, and
AutomaticBuilder.
Cross Promoting is
defined as selling or attempting to
sell products, goods, services,
promotional tools, sales aids,
marketing websites, leads, monthly
newsletters or subscriptions to any
member of any of our Companies;
unless you are the persons sponsor
in the Berry Tree, Nutronix, and
AutomaticBuilder.
If you are not the
persons sponsor you may not sell nor
attempt to sell them any products,
goods or services or attempt to
recruit them in anyway.
The Company values
the Bond of Sponsorship and will
protect its members and the
integrity of the Sponsor
Relationship. Sponsors have gone to
great expense, of time and money, to
recruit and build relationships with
their enrolled members.
The penalty for cross
sponsoring and or cross promotion is
termination.
4. Effective Time of Agreement:
The
initial term of this Agreement begins immediately upon CUSTOMERS account
activation and
continues until CUSTOMER has completely and fully cancelled all service with
The Berry Tree, Nutronix, and
AutomaticBuilder or until
Berry Tree, Nutronix, and AutomaticBuilder
suspends or cancels service to CUSTOMER.
Berry Tree, Nutronix, and AutomaticBuilder will automatically
Cancel a Customer who jeopardizes the ability for The Berry Tree and its
other CUSTOMERS to operate and do business.
Berry Tree, Nutronix, and AutomaticBuilder reserves the right to cancel service for any CUSTOMER. This
can be done at the sole discretion of Berry
Tree, Nutronix, and AutomaticBuilder and there is no
recourse.
CUSTOMER
understands that cancellation or suspension of
Berry Tree, Nutronix, and AutomaticBuilder
service by either CUSTOMER or
Berry Tree, Nutronix, and AutomaticBuilder
signifies the end of use of any and all
Berry Tree, Nutronix, and AutomaticBuilder
systems, products, or services previously provided to CUSTOMER.
Marketing Rights
Horizons Marketing
has the exclusive marketing rights
for Nutronix, AutomaticBuilder and
The Berry Tree. This includes, but
is not limited to, products, goods,
services, promotional tools, sales
aids, marketing websites, leads,
monthly newsletters or subscriptions
to any Nutronix, AutomaticBuilder
and Berry Tree members. Any sales or
offers made without payment of
licensing fees and the express
written consent of Horizons
Marketing is a direct violation of
our Marketing Rights and agreements.
Procedures
All Distributors must
follow Company Procedures for
marketing sales aids and promotional
materials to any Berry Tree,
Nutronix, and/or AutomaticBuilder
(BNA) members.
This includes but is
not limited to, Marketing websites,
splash pages, autoresponders etc.
1. You must be at
least a 2 Star in the Nutronix
compensation plan.
2. You must first
request the required licensing
application from Horizons Marketing.
3. You must submit a
written proposal to BNA outlining
the ideas for your project.
4. Prior to selling
or offering any promotional
materials, All of your marketing
materials must be submitted for
review by our legal offices, at your
costs. Any and all changes to your
product, including web design and
content, emails, audios, or videos
made by your company must be
reviewed prior to publishing any
marketing materials. Our attorney
fees are based upon their hourly
rate of $450.00 per hour.
5. You must receive
written approval from BNA before
publishing or offering your system.
Changes to these Terms of Use
We reserve the right,
in our sole discretion, to change
these Terms of Use at any time.
Updated versions of the Terms of Use
will be posted here on our Site and
are effective immediately. The date
of the newest version is posted
below. Please check back frequently,
especially before you use our Site,
to see if these Terms of Use have
changed. Continued use of the Site
after any changes to the Terms of
Use constitutes your consent to such
changes.
Last Updated:
11/23/07 |