Last Revised August 17, 2012
BY ACCESSING, BROWSING, OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN, AND ANY POLICIES REFERENCED BY, THESE SITE TERMS, INCLUDING ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SITE.
Other Applicable Terms
If you are a Mannatech Associate or Member, your conduct while using the Site is also governed by the Associate or Member Agreement, inclusive of the Policies and Procedures, applicable to you.
Copyright and License
All copyrighted and copyrightable materials on the Site, including but not limited to the text, design, manuals, product information, graphics, images, pictures, sound, videos, and other files, and the selection and arrangement thereof (collectively, "Materials") are ALL RIGHTS RESERVED © 2002-2012 Mannatech, Incorporated and/or its licensors.
Mannatech grants you a limited license to make personal use only of the Materials for your information purposes only. This license is subject to these Site Terms, and does not include the right to: (a) use the Site or Materials other than for the intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Site, including any images found on the Site or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of the Site or the Materials or make any modification to the Site or Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.
You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of Mannatech or any third party. Any unauthorized use of the Site will terminate the permission or license granted by these Site Terms and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Requests for written permission to use the Site in any above listed manner should be sent to the Global Brand Services department at Mannatech, which can be reached as follows:
Global Brand Services
600 S. Royal Lane
Coppell, Texas 75019
You are also advised that Mannatech will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Notice of claims of copyright infringement of our web site materials can be reported to the Company by emailing email@example.com. Trademarks
Trademarks of Mannatech and those of its suppliers or licensors may not be copied, used or imitated, in whole or in part, without the prior written permission of Mannatech or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without Mannatech's permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Mannatech, and may not be copied, imitated, or used, in whole or in part, without Mannatech's prior written permission. All other Mannatech names or logos mentioned on the Site, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Mannatech.
If you believe your work or content has been copied and posted to the Site or the Review Feature in a way that constitutes copyright infringement, please provide Mannatech's copyright agent the following written information in accordance with the Digital Millennium Copyright Act (DMCA):
- An electronic or physical 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;
- 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 the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Mannatech's DMCA Copyright Agent for notice of claims of copyright infringement on the Site is our General Counsel, who can be reached as follows:
Chief Legal Officer
600 South Royal Lane, Suite 200, Coppell, Texas 75019 USA
This Web Site
This Site is based in Coppell, Texas, USA. Mannatech makes no claims that the information located herein is appropriate or may be downloaded legally outside of the United States. Access to the materials may not be legal by certain persons in certain countries. If you access this web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws in your respective jurisdiction.
You understand and agree that:
- Mannatech products are not designed for use in the treatment of disease or to substitute for a doctor's care or for proven therapy. Mannatech products are not intended to treat, cure or prevent any disease.
- Any product claims made by individuals within the content of this web site are based upon his or her personal belief and/or experiences after the use of Mannatech products and Mannatech disclaims all liability for such claims that may be made. These reports have not been verified and are not represented as providing a balanced view of the available science. These are the statements of the individuals giving them and not of Mannatech.
- Any misuse of this Site will result in disciplinary action in accordance with Mannatech corporate policies and procedures, and any handling of such abuse shall be left solely to the discretion of Mannatech.
On certain portions of the Site, you may be able to post Content. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, is your sole responsibility. Mannatech reserves the right but does not incur the obligation to monitor or control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Mannatech and its designees shall have the right to remove any Content that violates any Mannatech Policies and Procedures or is otherwise objectionable. You understand that posting Content to the Site that is in violation of any Associate Agreement or Member Agreement, inclusive of the respective Policies and Procedures, may result in disciplinary action, up to and including termination of and Associate or Member account. Under no circumstances will Mannatech be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site
You agree to not use the Site to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
c. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
d. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation;
e. upload, post, email, transmit or otherwise make available 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;
Any Content submitted through the Site by users is submitted with the express understanding that the Content may be used without limitation by Mannatech or any of its affiliates, in whole or in part, for any purpose in perpetuity, including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media. You additionally agree that Mannatech is free to use any ideas, concepts, techniques, or know-how contained in any Content you send to or post on or via the Site for any purpose whatsoever.
DO NOT POST YOUR PERSONALLY IDENTIFIABLE CONTACT INFORMATION IN ANY MESSAGE BOARDS OR OTHER PART OF THE SITE ACCESSIBLE TO USERS, INCLUDING YOUR TELEPHONE NUMBER, HOME, BUSINESS OR EMAIL ADDRESS. ANY POSTING OF SUCH PERSONAL INFORMATION IS EXPRESSLY AT YOUR OWN RISK
Links to Third-Party Sites
This Site and any other official Mannatech web site may contain links to sites owned or operated by parties other than Mannatech. Mannatech provides these links as a convenience only and does not endorse the companies or contents of any linked sites. Mannatech does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites.
Web site owners who wish to link their site to Mannatech’s must obtain prior written permission from Mannatech’s Global Brand Services department at:
Revision to the Terms
Mannatech reserves the right, at its discretion, at any time, to change or modify these Site Terms that may be applicable to you, or any part thereof, and to impose new Site Terms and conditions. Such changes, modifications, additions or deletions will be effective immediately. Each time you use the Site the terms and conditions set forth in these Site Terms will apply to your use. Users of the Site should periodically check for changes to the Site Terms. Your continued use of this Site following the posting of changes to the Site Terms on the Site, or by other means by which you obtain notice of those changes, means that you accept those changes.
THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. MANNATECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. MANNATECH DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE.
MANNATECH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING CONTENT THAT IS POSTED BY THIRD PARTIES. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS THEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
Applicable Law and Venue
These Site Terms and any transactions thereunder shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and entirely to be performed within the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Dallas County, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
- This policy does not apply to the practices of companies that Mannatech does not own or control or to people that Mannatech does not employ or manage.
Mannatech may use "cookie" technology to obtain non-personal information from its online visitors. Cookies are information files that your web browser automatically places from your computer when you visit a web site. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. We do not extract personal information in this process nor do we provide this information to third parties. Cookies allow us to customize your user interface to speed up the navigation process and to make the site experience more meaningful, fun and efficient. If your browser is configured to reject cookies, you will not be able to utilize the features of our Site.
Information Gathering and Use
- Mannatech collects personally identifiable information when you register for a Mannatech account, when you use certain Mannatech products or services, when you visit Mannatech pages and when you enter promotions or sweepstakes.
- If you register to become a Mannatech Independent Associate or Member, we may ask for your name, email address, birth date, gender, zip code, social security number and/or tax identification number. Once you register with Mannatech and sign in to our services, you are not anonymous to us.
- Mannatech also automatically receives and records information on our server logs from your browser including your IP address, Mannatech cookie information and the page you requested.
- Mannatech uses information for three general purposes: to customize the advertising and content you see, to fulfill your requests for certain products and services (including fulfilling requests for information), and to contact you about specials and new products.
Information Sharing and Disclosure
- MANNATECH RESTRICTS ACCESS TO NONPUBLIC INFORMATION ABOUT ITS INDEPENDENT ASSOCIATES AND MEMBERS TO THOSE PERSONS EMPLOYED BY OR CONTRACTED WITH MANNATECH WHO HAVE A LEGITIMATE BUSINESS NEED TO KNOW THAT INFORMATION IN ORDER TO PROVIDE PRODUCTS OR SERVICES TO ITS INDEPENDENT ASSOCIATES AND MEMBERS.
- Mannatech will not sell, rent or exchange your personally identifiable information to anyone.
- Mannatech may send personally identifiable information about you to other companies or people when
- We respond to subpoenas, court orders or legal process;
- We find that your actions on our Site violate the Mannatech Site Terms or any of our usage guidelines for specific products or services; or
- We are fulfilling your request for products, services, or more information.
Certain portions of the Site may require registration. If you register with the Site, you will receive a password and account number upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Mannatech of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
- Your Mannatech Account Information is password-protected for your privacy and security.
- In certain areas Mannatech uses industry-standard SSL-encryption to protect data transmissions.
Opinions, forecasts, projections, guidance or other statements other than statements of historical fact, contained herein reflect only our current views about future events, plans, objectives, strategies, targets, beliefs or financial performance and are considered forward-looking statements. This web site may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, or the Securities Act, or Section 21E of the Securities Exchange Act of 1934, as amended, or the Exchange Act, or the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may reflect management’s current views and beliefs but are subject to various risks and uncertainties that may be outside our control. In some cases, forward-looking statements may be identified by terminology such as "may," "will," "should," "could," "expects," "plans," "intends," "anticipates," “believes," "estimates," "approximates," "predicts," "potential" or "continue” or the negative of such terms and other comparable terminology. We caution that actual results, plans or developments could materially differ from those expressed in or implied by such statements herein due to a change in assumptions, economic influences, various risk factors, including but not limited to such risk factors described in our SEC filings. Although we believe that the expectations and statements reflected in such forward-looking statements are reasonable, we caution and cannot guarantee any of the statements related to future results, levels of activity, performance or achievements. Moreover, neither we nor anyone else assumes responsibility for the accuracy and completeness of such forward-looking statements.
We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent future access to and use of the Site. If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.