Terms of Use
Isotonix.com Terms of Use
Welcome to the Isotonix website. Market Malaysia Shop Sdn. Bhd. (“Market Malaysia”) and/or its Affiliates provide website features to you subject to the following terms of use (the "Terms"). The Site (as defined below) includes any Isotonix-branded URL, including, without limitation, isotonix.com and isotonix.marketamerica.com, and features, content and applications offered from time to time in connection with all Isotonix-branded websites (collectively, the "Site") and our mobile applications (collectively the “Mobile App”). We work closely with Shop MA, Inc., SHOP.COM Marketplace, Inc., Conquer Entertainment, Inc., Live Enterprise, LLC, Market America Worldwide, Inc., Market America, Inc. and each of their various subsidiaries and affiliated companies (collectively the “Affiliates). For this reason, throughout these Terms, references made to “Market Malaysia,” “MA,” “Company,” “we,” “us” and “our” collectively include Market Malaysia and the Affiliates. The Site is hosted in the United States. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU SHOULD REVIEW THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS THEY CREATE A BINDING CONTRACT BETWEEN MARKET MALAYSIA AND YOU.
- Binding Effect / Users.
These Terms of Use ("Terms") set forth the legally binding terms for your Use of the Site. "Use" of or "Using" the Site includes browsing, using or accessing all or any part of the Site. Your Use of the Site signifies that you have read, understand and agree to be bound by these Terms, whether you are a "Visitor" (which means that you Use the Site without being registered) or a "Registered User". If you are a Registered User and not a Market Malaysia Independent UnFranchise Owner, or UFO, you will be deemed a "Preferred Customer." The term "User" refers to a Visitor or a Registered User. You are only authorized to Use the Site (regardless of whether your Use is intended) if you agree to abide by all applicable laws and these Terms. If you do not agree to abide by all applicable laws and these Terms, you should discontinue Use of the Site immediately. To become a Registered User, you must indicate your acceptance of these Terms during the registration process. If you have previously registered with any other Market Malaysia site, your login or Use of the Site indicates your acceptance of these Terms. - Other Policies / Terms.
All policies currently posted on the Site, and all policies that may be posted by us on the Site in the future, in our sole discretion, are hereby incorporated into the Terms. - Modification of Terms.
WE RESERVE THE RIGHT TO CHANGE, ADD TO OR DELETE PORTIONS OF THESE TERMS WITHOUT FURTHER NOTICE TO YOU, IN OUR SOLE DISCRETION. If we do this, we will post such modifications on the Site. Each such modification shall be effective upon posting. Your continued Use of the Site after we post a modification signifies your acceptance of such modification. It is your responsibility to review these Terms regularly to ensure you are aware of any changes. - Eligibility.
Being a Registered User of the Site ("Registration") is void where prohibited by law. By Using the Site, you represent and warrant that (a) all registration information you submit to the Site and all other Market Malaysia sites is truthful, accurate, current and complete; (b) you will update and maintain the accuracy of such information; (c) you have legal capacity and are of legal age to accept and agree to be bound by these Terms (as per the laws and regulations of your jurisdiction); and (d) your Use of the Site does not violate any applicable law, rule or regulation. Your Registration may be terminated without notice if we believe that you are not of legal age or otherwise lack legal capacity to accept and agree to be bound by these Terms or as otherwise permitted herein. - Termination of Registration/Access.
We reserve the right, in our sole discretion, to terminate your Registration and/or to deny, restrict, suspend or terminate your Use of all or any part of the Site at any time, for any reason or no reason at all, with or without notice or explanation, and without liability. We expressly reserve the right to terminate your Registration and/or deny, restrict, suspend or terminate your Use of all or any part of the Site if we determine, in our sole discretion, that you have violated these Terms or that you may pose a threat to the Site and/or its Users. After Registration and/or access is terminated, these Terms will terminate, but the following provisions will still apply: Sections 1, 2, 5, 7.1, 7.3, 7.4, 7.5, 7.6, 8, 15.7, 16, 17, 19, 20, 21 and 22. - Password.
You will be prompted to create an account, username and password. If you previously registered with another Market Malaysia site, you already have a username and password, and you may log in to your account on the Site using the same username and password. You are responsible for maintaining the confidentiality and security of your password. You agree not to use the account, username or password of another Registered User at any time. You further agree not to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account and for all actions that take place through the use of your account. - Proprietary Rights to Site Content.
- Rights to Site Content. All content available on the Site, including without limitation, designs, text, blog posts, graphics, profiles, messages, notes, advertisements, listings, pictures, images, video, bios, information, reviews, works of authorship, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content") are the proprietary property of Market Malaysia or its licensors with all rights reserved. Except as expressly provided in these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, use, perform, post, display, frame, reproduce, republish, download or sell all or any part of the Site Content, in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or otherwise without our prior written permission.
- License to Site Content. Current Registered Users are granted a limited, revocable license to Use the Site Content and to download or print a copy of any portion of the Site Content to which they have properly gained access solely for their personal, non-commercial use, provided that they keep all copyright or other proprietary notices intact (the “License”). You may not upload or republish Site Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation or publish the Site Content in any other form or format. The License is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any Use of the Site, the Mobile Apps or the Site Content other than as specifically authorized herein is strictly prohibited and will terminate the License. Unauthorized Use may violate applicable laws, including copyright and trademark laws and communications regulations. Except as expressly stated herein, any Use of the Site Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This License is revocable at any time without notice and with or without cause.
- Registered User Information. When you register with the Site or any other Market Malaysia site, you will be asked to provide certain personal information which may include, without limitation, your name, address, telephone number, email address, age, gender, corporate information, testimonial, credit or debit card information and date of birth ("Personal Information"). You may also provide additional information in your discretion, such as interests, hobbies, lifestyle choices, skin/hair color, complexion, skin/hair type, skincare and beauty habits and concerns, your spending habits, groups with whom you are affiliated (ex., schools, companies), preferences for customizing your Site home page, your favorite movies, bands, artists, music genres, actors, sports and teams ("Discretionary Information"). All information you provide to us through Site or another Market Malaysia site (including Personal Information and Discretionary Information) is considered your "Registered User Information", and you are solely responsible for all such information. By providing the "Registered User Information," you expressly consent to our use of the Personal Information as described in these Terms and our Privacy Policy.
- Right to Use Registered User Information. You authorize us to make such copies of your Registered User Information as we deem necessary to facilitate its use and storage. You also grant us the right to use any of your Registered User Information to provide you with targeted advertising or promotional material, to offer personalized features, to complete surveys, studies or data analysis conducted by Market Malaysia or any of its partners or for other promotional or marketing purposes.
- Copyright/Patent. All Site design, text, graphics, blog posts, logos, button icons, images, photos, audio clips, video clips, MA’s Marks (as defined below), digital downloads and data compilations are owned solely and exclusively by Market Malaysia or its content suppliers and are protected by Malaysia and international copyright or patent laws. The compilation, "look and feel" and color schemes of all content on the Site are the exclusive property of Market Malaysia and protected by Malaysia and international copyright laws. All software used on the Site is the property of Market Malaysia or its software suppliers and protected by Malaysia and international copyright or patent laws.
- Trademarks. "Market America," "Isotonix®," the Market America logo, "Isotonix.com™," "Built on Product, Powered by People®," all MA product and service names and logos, "UnFranchise®," and all other MA graphics, page headers, button icons, logos, scripts and all registered and unregistered marks and service names used by MA are service marks, trade names, trademarks and/or trade dress of MA or (collectively "MA's Marks"). You may not use MA's Marks for any reason or purpose whatsoever. All trademarks not owned by MA that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MA.
- User Posts, Comments, and other Content. You acknowledge that all content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed or otherwise transmitted to or on this website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this website. Market Malaysia does not control the Postings posted, emailed or otherwise transmitted on this website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although Market Malaysia has adopted standards and conduct guidelines for the users of this website (as described below), you understand that by using this website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for content developed by us), including, but not limited to, errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this website. You agree not to use this website (including any Chat Rooms or Comments Sections) to:
- Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Market Malaysia, its affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Market Malaysia, its affiliates or any other person or entity;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any Postings or other materials transmitted to or through the websites;
- Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
- Upload, post, email or otherwise transmit any Postings or other materials that contain 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;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of this website are able to type, or otherwise act in a manner that negatively affects other users' ability to use any portions of this website;
- Interfere with or disrupt the websites or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
- "Stalk" or otherwise harass another user or employee of the websites; or
- Collect or store personal data or attempt to collect or store personal data about other users of this website.
Your privilege to use this website (including any Chat Rooms or Comments Sections) and contribute to discussions in any Chat Rooms or Comments Sections depends on your compliance with the standards and conduct guidelines set forth above. Market Malaysia may revoke your privileges to use all or a portion of this website and/or take any other appropriate measures to enforce these standards and conduct guidelines if violations are brought to its attention. Further, if you fail to adhere to Market Malaysia’s standards and conduct guidelines, Market Malaysia may terminate, in its sole discretion, your use of this website.
All Postings are public and not private communications. Market Malaysia reserves the right to monitor some, all, or no areas of websites for adherence to the standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in any Chat Rooms or Comments Sections, Market Malaysia is acting as a passive conduit for such distribution and Market Malaysia is not undertaking any obligation or liability relating to any Postings or Comments. Although Market Malaysia reserves the right to remove, without notice, any Posting for any reason, Market Malaysia has no obligation to delete Postings that you may find objectionable or offensive.
- Release. You understand and agree that Postings can be reproduced, disseminated and used by Market Malaysia and its related companies, affiliates and subsidiaries worldwide. You understand that your name, testimonial, image(s), and other likeness may be distributed by means of various media, including, but not limited to, promotional or news materials, internet or intranet websites, blogs, social media sites and/or email, or used in any event held by Market Malaysia, without any further authorization or notice to you. You release and hold Market Malaysia and its affiliates, officers, directors, employees, representatives, successors and assigns harmless from any and all liability for damages of whatever kind or nature which may at any time result from the use or dissemination of your Postings. You understand that you will not receive any compensation for your Posting and forever waive any and all rights, compensation, royalties, or other payment in connection with the use of the Postings.
- Protecting Copyrights and Other Intellectual Property. We respect the intellectual property rights of others. Following is our Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- 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 the location on the Site of the material that you claim is infringing;
- Your address, telephone number, and email address;
- 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;
- 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.
Our Agent for Notice of copyright infringement can be reached as follows:
Copyright Administrator
MARKET MALAYSIA SHOP SDN. BHD.
BO3-A-07-1, Menara 3A
No. 3, Jalan Bangsar
KL Eco City
59200 Kuala Lumpur
Malaysia
[email protected] - Pricing. Except where noted otherwise, the Price displayed for items on the Site represents the full retail price of the item. Despite our best efforts, a small number of items on the Site may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
- Payment. When you purchase an item from the Site, you must provide a valid credit or debit card number. You represent and warrant that you are an authorized user of the credit or debit card. You are responsible for payment of all applicable taxes and for all shipping and handling charges. All applicable taxes and shipping and handling charges will be included on your order invoice.
- Market Malaysia Return Policy. Market Malaysia's return policy can be found at:
https://my.isotonix.com/policies/return-policy - Market Malaysia Shipping Policy. Market Malaysia's shipping policy can be found at:
https://my.isotonix.com/policies/shipping-policy - Risk of Loss. The risk of loss and title for all items purchased from the Site pass to you upon delivery of the items to the shipper.
- Product / Service Descriptions. We make every attempt to provide you with accurate information, but we do not warrant or guarantee that product and service descriptions, colors or other contents of the Site are accurate, complete, reliable, current or error-free. If a product offered on the Site is not as described, your sole remedy is to return it to us in unused condition for a refund, as set forth in the Market Malaysia Return Policy.
- SHOP Points.
When you register on SHOP.COM, you will be enrolled in the SHOP Points program. The SHOP Points program allows you to get 2% or greater SHOP Points for your qualifying purchases. SHOP Points is calculated on the total amount of the qualifying purchase, excluding any and all fees, taxes, shipping costs, and after application of any coupons or codes. The points you earn can be used as a payment option to pay for products available through the checkout on SHOP.COM.
Users will be credited, subject to this Agreement and additional terms disclosed on the Participating Store's site, a percentage of the Net Purchases of qualifying products sold by third-parties that display the SHOP Points logo (Participating Stores ). Net purchase is defined as the total amount paid for the product, minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees (except where indicated otherwise). SHOP MA reserves the right, in its sole discretion, to determine which products will display the SHOP Points logo.
Participating Stores are responsible for reporting qualifying purchases (and related returns, refunds and/or coupon use) to us. Participating Stores may not report your purchase to SHOP MA if they determine that your purchase did not qualify for SHOP Points because you did not comply with this Agreement or additional terms disclosed on the Participating Store's site, or if the Participating Store determines that you were not referred to the Participating Store by SHOP.COM. We may also disqualify reported purchases based on our own determination that you have not complied with this Agreement or the terms disclosed on the Participating Store's site.
Qualifying purchases from Participating Stores will stay in pending status until cleared by the Participating Store, to account for returns, refunds, fraud, and other processing issues. After this point, if the purchase is eligible, it will be marked as "available" in your account and the associated SHOP Points rewards will be eligible for redemption. It is your responsibility to ensure that we properly post SHOP Points rewards to your account.
SHOP MA is not responsible for changes to, or discontinuance or withdrawal of, any Participating Store's participation in the SHOP Points program, or for any effect on accrual of SHOP Points rewards caused by such changes, discontinuance, or withdrawal. If a Participating Store fails to report a transaction to SHOP MA, or withholds payment to SHOP MA for any reason, SHOP MA reserves the right to cancel the SHOP Points award associated with that transaction. SHOP Points rewards awarded to Users are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to your account at any time by SHOP MA in its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the SHOP Points program.
You will not earn SHOP Points on purchases where (a) your browser is not configured to accept cookies; (b) you are not logged in on SHOP.COM; (c) the order is later cancelled or the goods or services are later returned; (d) the Participating Store does not report the purchase to us; or (e) you conduct "sham" transactions or otherwise collude with merchants), make any misrepresentation in connection with your participation in SHOP Points, maintain multiple accounts, or do not otherwise comply with these Terms.
SHOP Points rewards have no monetary value until the associated purchases are approved and you make a proper redemption request. You may be taxed on your accrual of SHOP Points rewards, depending on the amount of SHOP Points rewards you accrue and the tax laws of federal, state, and local jurisdictions. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of SHOP Points rewards.
If your SHOP Points account is inactive, meaning you have not personally made a qualifying purchase during the past twelve (12) months, or if the SHOP Points program has ended, we will charge your SHOP Points account an inactivity fee of up to Twelve Ringgit (RM12.00) per month, to recover the cost of maintaining your SHOP Points account, until you reactivate your SHOP Points account by personally making a qualifying purchase or until the balance of your account becomes zero. If the balance in your inactive SHOP Points account is or becomes zero, we may close the account permanently and cease to maintain your account records and program access. The inactivity fee will not cause your SHOP Points account balance to become negative and will not cause you to owe us money. Qualifying purchases made by friends you referred to the SHOP Points program do not constitute qualifying purchases for the purpose of keeping your SHOP Points account active. We will not provide further notice before charging the inactivity fee.
SHOP MA reserves the right to terminate the SHOP Points program at any time with notice. Notification of termination will be sent to the email address you provide to SHOP MA during the User registration process.
SHOP Points is not available for orders placed via UK.SHOP.COM and ES.SHOP.COM.
All SHOP Points redemptions are final.
*Only Customers will receive points on qualifying purchases. UnFranchise Owners/Shop Consultants will receive increased IBV instead of points on qualifying purchases.
- Privacy and Terms of Service. Use of the Site is subject to the Isotonix.com Privacy Policy, which is incorporated into these Terms by this reference.
- Disclaimers.
- Users. We are not responsible or liable, and make no warranties, express or implied, for the conduct of any User of the Site.
- Third-Party Websites. The Site may contain links to third party websites. Market Malaysia is not responsible or liable for the content, completeness, accuracy or opinions expressed on such third-party websites. Inclusion of any linked website on the Site does not imply our approval or endorsement of, or agreement with, the content of the website. If you choose to access third-party websites, you do so at your own risk.
- Third-Party Advertisements / Applications. Market Malaysia is not responsible or liable for third-party advertisements or third-party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers.
- Availability of the Site. The Site or any portion thereof may be unavailable from time to time for maintenance or other reasons. Market Malaysia assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Market Malaysia is not responsible for any problem or technical malfunction of any telephone networks, services or lines, computer systems, online systems, servers or providers, computer, mobile phone or other equipment, software, failure of any email due to technical problems or traffic congestion on the internet or on the Site or combination thereof, including any injury or damage to User’s or to any other person's computer, mobile phone, smart phone, tablet or other equipment related to or resulting from Use of the Site. Under no circumstances shall Market Malaysia be responsible or liable for any loss or damage, including without limitation, personal injury, property injury or death, resulting from anyone’s use of the Site, or from the conduct of any User(s) of the Site.
- DISCLAIMER OF WARRANTIES. THE SITE AND SITE CONTENT ARE PROVIDED "AS-IS" AND AS AVAILABLE AND MARKET MALAYSIA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MARKET MALAYSIA DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. MARKET MALAYSIA DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, SERVERS OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES AND MALWARE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER EQUIPMENT, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
- Limitation on Liability. IN NO EVENT SHALL MARKET MALAYSIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE SITE CONTENT EVEN IF MARKET MALAYSIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MARKET MALAYSIA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO MARKET MALAYSIA FOR USE OF THE SITE ONLY, IF ANY, DURING THE TIME YOU ARE A REGISTERED USER OF THE SITE. YOU ACKNOWLEDGE THAT IF YOU DO NOT PAY FEES TO MARKET MALAYSIA FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM MARKET MALAYSIA, REGARDLESS OF THE CAUSE OF ACTION.
- Disputes. These Terms shall be governed by, and construed in accordance with, the laws of Malaysia, without regard to its conflict of law provisions. Any and all actions or proceedings arising out of or relating to these Terms, the Site or the Site Content, shall be instituted and litigated in a court of competent jurisdiction in Malaysia. You and Market Malaysia hereby agree to submit to the exclusive personal jurisdiction of the courts located in Malaysia to resolve any dispute arising out of these Terms, the Site or the Site Content. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND MARKET MALAYSIA AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MARKET MALAYSIA AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF THE SITE.
- Indemnity. You agree to indemnify and hold harmless Market Malaysia and its representatives, officers, employees, directors, agents and assigns, at your own expense, from and against any and all loss, liability, claims, damages, suits, demands, actions and/or costs (including without limitation reasonable attorney fees and costs) made by any third party arising out of or related to a) your actions or inactions; b) the Use of your isotonix.com account by you or any other person; c) your breach or violation of these Terms; d) your breach of the representations and warranties set forth in these Terms; and/or e) Registered User Information provided by you or any person through your account.
- Other. These Terms are accepted upon your Use of the Site as a Visitor and are further affirmed by you becoming a Registered User. These Terms, including all documents referenced herein, as such may be modified from time to time, constitute the entire agreement between you and Market Malaysia regarding the Use of the Site. The failure of Market Malaysia to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: [email protected] with any questions about these Terms.
I HAVE READ AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN THESE TERMS.