Engage Global Inc.
Welcome! www.engage-globaldiet.com (this "Site") is operated by Engage Global Inc. (referred to herein as "Engage Global", "we", "us" and "our"). Your use of this Site is subject to the following terms and conditions.
2. DISCLAIMER; NO MEDICAL ADVICE PROVIDED:
The content on this Website and any information (including but not limited to: newsletters, social media, images, emails, online chats, and telephone calls, herein referred to as ‘information’) provided by Engage Global, its agents, employees, attorneys, or independent licensed consultants, is provided for informational purposes only, and is not intended to be a substitute for professional medical advice.
You agree not to use an Engage Global program if your diet should be medically supervised and/or you have any specific dietary requirements; examples of such may be (but are not limited to): (a) pregnancy, (b) nursing, (c) under 18 years of age, (d) anorexic or bulimic, or (e) are allergic to nuts or peanuts. You should consult your physician or other qualified health provider before beginning this or any other dietary program. Any time you have questions regarding a medical condition, you should seek the advice of your physician or other qualified health care provider.
None of the contents of this Website or any information provided by Engage Global are intended to be relied upon for medical advice, treatment or diagnosis. Any opinions expressed on this Website or any information provided by Engage Global, are solely the opinions of the authors. Engage Global, their affiliated companies nor any of their employees assumes any liability for the contents of any materials provided on the Website or any information provided by Engage Global. Reliance upon any opinion or advice provided on the Website, via telephone, online chat, or email is at your own risk.
3. FOOD ALLERGY NOTICE:
Engage Global makes every attempt to provide accurate nutrition and ingredient information for every product on our menu. We take food safety very seriously; however, there is always a risk of cross-contamination. There is also a possibility that manufacturers of the commercial foods we use could change the formulation at any time, without notice.
Please be aware that our manufacturing facility handles nuts and foods that may contain nuts or nut oils.
Customers concerned with food allergies need to be aware of these risks and understand that the consumption of foods provided by Engage Global is at their own risk. Nutritional information and complete ingredients lists for each item on the menu can be found at: www.engage-globaldiet.com. You may also request a copy of our current nutrition information be sent to you via email or post by contacting firstname.lastname@example.org.
4. MEAL DELIVERY GENERAL TERMS:
A. Order Change Requests After Completing Your Order
Completing your order confirms that you agree to the following: 1) you have reviewed your address, estimated delivery date and our Terms and Conditions; 2) you agree that your order is ready to be shipped and, 3) bonuses are fully earned by the Engage Global Consultant you ordered under. Orders may be sent to our warehouse for fulfillment immediately after they are completed and confirmed by you. For this reason, IT MAY NOT BE POSSIBLE TO CHANGE YOUR ORDER, CANCEL YOUR ORDER, OR CANCEL ORDER DELIVERY regardless of the time that you change your order, cancel your order or request delivery cancellation.
Delivery changes requested after your order has been sent to our warehouse for fulfillment are not guaranteed. This includes but is not limited to: address changes or corrections, changes to the estimated delivery date, or delivery customization requests submitted to FedEx (including requesting the package to be held for pickup or scheduling a delivery time-frame).
Engage Global will make reasonable accommodation to honor your order change and update requests when possible; however, changes are not guaranteed. To avoid this possibility, please ensure your order information is correct before completing and confirming your order.
B. Food Substitutions
Although Engage Global takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Engage Global is not responsible for unavailability of product due to popular demand, whether discontinued or still in production. In the completion of orders, Engage Global reserves the right to substitute a similar product. When making substitutions, Engage Global takes great care to match your original selections with similar foods. When you consume a substitute item, your consumption constitutes acceptance of the substitution. If you do not like a substitute item and there are at least six items you find unsatisfactory, you must notify us within 5 days from the date of delivery and we will send out a replacement box. If there are 5 or less items, we will refund you for the missing items or add them on the next delivery. When refunds are requested, we refund the following amounts:
C. Order Discrepancies / Damaged Items
Engage Global strives to fill every order as accurately as possible. In the rare event that you are missing items from your order or an item is received damaged, we will gladly work with you on a solution. You have five (5) days from the date your order was delivered to notify us of any such discrepancies. The date that FedEx confirms delivery is considered Day 1. Resolutions available are determined on a case-by-case basis and at the sole discretion of Engage Global. Depending on the nature of the discrepancy, resolutions may include, but are not limited to, the following: a) adding replacements for the items to the next order you place, b) issuing a credit for the value of the items, or c) replacement of the items in an immediate replacement order.
All delivery dates are estimated. Engage Global strives to meet your selected delivery date; however, Engage Global cannot guarantee delivery on the exact date selected. Engage Global is not responsible for orders undeliverable, lost, or delayed because of an incorrect address on the order. Engage Global is not responsible for orders lost or stolen after FedEx confirms delivery of the shipment.
If your order will be shipped to an apartment, gated community, secure or limited access building, or any address with package reception services, it is your responsibility to understand how deliveries are made to the selected address. Be aware that the FedEx delivery driver may deliver the package to an office or other location that accepts deliveries without first attempting to deliver to your door. It is up to you to monitor the tracking information for your order and to check for delivery at any location that accepts deliveries within their hours of operation.
Engage Global is not responsible for failed delivery if FedEx attempts delivery on the date you selected and confirmed at the time you placed your order.
E. Refused Deliveries
Electing to refuse delivery of your shipment is at your own risk and is NOT considered an order cancellation, ECO (Engage Convenience Order) cancellation, refund request, or cancellation of a Consultant License Agreement. Engage Global is not responsible for the return shipment and bears no responsibility for refused orders.
F. Mobile Phone Numbers, Agreement to SMS/Text Messages
By providing a mobile phone number with your order, you agree that Engage Global may send you SMS/text message notifications and/or special offers. Standard message rates apply.
G. Price Changes
Engage Global reserves the right without limitation, in its sole discretion, to change the prices at any time and without notice. Engage Global does not offer price matching or price adjustments on any orders.
5. ADDITIONAL TERMS FOR PREFERRED CUSTOMER ECOS:
A. Preferred Customer ECO Shipments
When you sign up as a Preferred Customer, you are enrolled to receive ongoing shipments. Based on your selection at the time you sign up, you ’ll receive ongoing shipments of your selected meal plan and your Payment Method will be automatically billed according to the ECO Billing Cycle in section G below.
To sign up for a Preferred Customer ECO, you must have internet access and provide us with both: a current, valid, accepted method of payment (“Payment Method”); and a valid email address to receive shipment notifications. To make changes to your Preferred Customer ECO, please contact Customer Support at 1-801-655-4501.
B. Engage Global Account Information
Providing a full and accurate email address to receive shipment, payment, and other notifications regarding your Preferred Customer ECO is your responsibility. If the email address provided is inaccurate or outdated, you will not receive these important notifications. Engage Global is not liable for any fees or missed notifications incurred due to undelivered email communication. You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such activities shall continue after termination of your Preferred Customer ECO. You may change or update your email address and other Account Information by calling Customer Support at 1-801-655-4501.
C. Multiple ECOs
We offer multiple ECOs so that orders and payments may be arranged for your convenience. You can find specific details regarding your ECO(s) by visiting our website and logging into your account, or by contacting Customer Support at 801-655-4501. We reserve the right to modify, terminate, or otherwise amend our offered ECOs.
D. Managing Your Deliveries
You can manage your Preferred Customer Subscription deliveries by logging into your Engage Global Account or by contacting Customer Support at 801-655-4501. We are always happy to help make your ECO fit your needs. Feel free to let us know if you ever need to postpone or skip a delivery, change your delivery frequency, or adjust your meal plan or menu—we’ll do our best to accommodate your request!
E. Preferred Customer ECO and Delivery Cancellation
Should you ever need to cancel your ECO deliveries, just give us a call at 801-655-4501 during business hours to speak with a representative who can assist you. You may cancel any individual ECO delivery up to 4 days before it is shipped, provided it has not yet been billed. Once billed, orders may not be cancelled. We’d be glad to postpone the delivery date, update the menu, and/or cancel all following deliveries and charges for your ECO.
F. Preferred Customer ECO Billing
By starting a Preferred Customer ECO, you authorize us to charge you an on ongoing fee for each of your deliveries. You will be billed the current rate for your selected plan (this amount is disclosed to you at the time of enrollment) and any other charges you may incur in connection with your use of the Engage Global service to your Payment Method in one or more charges.
G. ECO Billing Cycle
When you begin an ECO, you will be billed for your first delivery at the time of enrollment. After your first delivery, your payment method will be automatically billed 3 days prior to the shipment of each subsequent delivery thereafter, unless and until your Preferred Customer ECO is cancelled (see “Delivery Cancellation” below). We reserve the right to change the timing of our billing as indicated below, if your Payment Method has not successfully settled. Additionally, we may authorize your Payment Method in anticipation of your Preferred Customer ECO or service-related changes.
H. Payment Method for Delivery
You are responsible for providing a current, valid, accepted Payment Method. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your Preferred Customer ECO (see “Preferred Customer ECO Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing your Payment Method, as it may be updated. This may result in a delay of your shipment and/or a change to your payment billing dates. You may edit your payment method by logging into your account or calling Customer Support at 801-655-4501.
I. Price Changes
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. We will notify you via email prior to any price changes to your service.
6. RETURNS / REFUNDS:
IF YOU ENROLL AS A PREFERRED CUSTOMER, YOUR INITIAL ORDER MAY BE CANCELLED AND REFUNDED. IF YOU ARE NOT SATISFIED WITH YOUR INITIAL SHIPMENT, CALL 801-655-4501 WITHIN THE FIRST 5 BUSINESS DAYS AND SEND THE REMAINING FOOD BACK FOR A FULL REFUND, LESS SHIPPING. ONCE PROCESSED, SUBSEQUENT PREFERRED CUSTOMER ECO SHIPMENTS/ORDERS ARE NOT ELIGIBLE FOR RETURN, REFUND, OR EXCHANGE.
To ensure proper credit to your account, Engage Global recommends you use UPS, Federal Express or Insured Parcel Post for any return shipment. Please save your shipping receipt and your tracking information until your return is processed.
Credits are issued to within 10 business days after your return is processed but may not appear on your statement for 1-2 billing cycles. Refunds issued by paper check can take up to 4 weeks to process. Shipping costs are not refundable unless it is a result of our error. Credits are issued back to the original method of payment for the returned product. Please note that Engage Global is not responsible for any credit card fees that you may incur.
7. ADDITIONAL TERMS
8. MODIFICATION OR AMENDMENTS
All information, materials, functions and other content (including Submissions as defined in Section 11 below) provided on this Site (collectively “Content”), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by US and international copyright laws. The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by US and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited.
Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on this Site are our registered and unregistered Trademarks and the Trademarks of our licensors. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
11. USE OF SITE AND CONTENT
No hyperlinks to this Site are permitted without our prior written consent. If you would like to link to this Site from your website, please submit your request to email@example.com. Unless you receive our express written consent, your request to link to this Site shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of Engage Global, a website that links to this Site:
- Shall not imply, either directly or indirectly, that Engage Global is endorsing its products;
- Shall not use any of our Trademarks or the Trademarks of our licensors;
- Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;
- Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill;
- Shall not present false or misleading information about us or the Engage Global opportunity;
- Shall not misrepresent any relationship with us;
- Shall not replicate in any manner any content in the Site; and
- Shall not create a browser or border environment around Site material.
We are always pleased to receive your comments, suggestions, and Submissions regarding this Site, our products and services, and our opportunity. If you transmit to us, post, or upload any Submissions to or through this Site, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.
Some services on this Site permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Site.
15. PUBLIC FORUMS AND COMMUNICATION
“Public Forum” means an area or feature offered as part of this Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy about any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum. You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim all liability in connection therewith.
We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.
16. RULES OF CONDUCT
The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not upload, post, or otherwise distribute to the Site any Submission that:
- is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- is commercial, business related or advertises or offers to sell any products services or otherwise (whether for profit), or solicits others (including solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; or
- (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet.
17. REMOVAL OF SUBMISSIONS
18. COACH K LEGAL
You agree that you will not assign, sell or transfer your account (or access thereto) to a third party. You further agree that you will not allow others to use or share your account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify Engage Global immediately of any unauthorized use of your account.
Use of Coach K may result in fees charged by your cellular network carrier. You acknowledge that your use of Coach K from a mobile device or personal computer is subject to any agreements you have with your cellular network carrier and any fees that those agreements dictate. The fees that your cellular network carrier charges you are your sole responsibility. You can opt-out of the Coach K service by texting "Cancel" or "Stop" to Coach K. You can contact Engage Global at firstname.lastname@example.org to report any technical difficulty with the opt-out process.
Use of Coach K may result in fees charged by your cellular network carrier. You acknowledge that your use of Coach K from a mobile device or personal computer is subject to any agreements you have with your cellular network carrier and any fees that those agreements dictate. The fees that your cellular network carrier charges you are your sole responsibility. You can opt-out of the Coach K service by texting “Cancel” or “Stop” to Coach K. You can contact Engage Global at email@example.com to report any technical difficulty with the opt-out process.
As a user of Coach K, you agree to the following: You may not use the Service to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Coach K service or any networks connected to or by the Coach K service. Access to Coach K may be revoked at any time. When you receive text messages from Coach K, this content is under your control and under your responsibility. You hereby release Coach K from any liability arising from or related to access to these messages once they have been delivered. Contact firstname.lastname@example.org for help or with questions about the Coach K service.
19. DISCLAIMERS AND LIMITS TO LIABILITY
You understand and agree that your use of the Service is at your own sole risk.
THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY BY COACH K OR ITS AGENTS, EMPLOYEES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE “COACH K ENTITIES”), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ENGAGE GLOBAL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. COACH K ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, SOFTWARE AND MATERIALS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ENGAGE GLOBAL RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO COACH K. UNDER NO CIRCUMSTANCES SHALL ENGAGE GLOBAL BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE.
The Site is intended for viewing and use in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws. We do not intend to provide our food products or services outside the United States (48 contiguous states, Hawaii and Alaska).
Engage Global is committed to the safety of our children. Persons under the age of 18 may not enroll as Engage Global Consultants or register as customers. Children under the age of 18 may not purchase products through any of our Websites. Engage Global does not solicit or knowingly collect personally identifiable information from children under the age of 18.
23. DISCLAIMER OF WARRANTIES
ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Content of the Site is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, is not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your physician with any questions you may have regarding a medical condition. You should not act or refrain from acting based on any of the Content included in, or accessible through, the Site without seeking the appropriate legal, medical, or other professional advice. Reliance on any information appearing on the Site is strictly at your own risk.
The Site may contain the opinions and views of other users. Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.
24. LIMITATION OF LIABILITIES
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, CONSULTANTS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
25. GOVERNING LAW, JURISDICTION, AND VENUE
26. GENERAL PROVISIONS
All software used on the Site or other Offerings is subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Burma, Democratic Republic of the Congo, Ivory Coast, Iraq, Libya, North Korea, Iran, Syria, Sudan, Venezuela or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
27. CALIFORNIA PRIVACY RIGHTS
Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties, if any, to which Engage Global has disclosed Personal Information during the preceding year for direct marketing purposes (e.g., requests made in 2016 will receive information about 2015 sharing activities).
We comply with this law by offering our visitors the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please write us at:
Engage Global Inc.
898 North 1200 West
Orem, UT 84057
You must include this Site as the subject line, and your full name, e-mail address, and postal address in your message.
Please note that any request under this Paragraph will be limited to our use and disclosure of your personal information. You will need to make the same request of your Engage Global Independent Consultant if you would like to obtain information about any disclosure that he or she has made of your personal information.
28. CONTACTING US
29. EFFECTIVE DATE