Terms and Conditions
Terms, Conditions, Disclaimer
Welcome to Qyral. We hope you enjoy visiting our site and learning about our skincare products and direct selling program.
Before using or registering with Qyral, please review the following Terms and Conditions (“Terms”) carefully. These Terms lay out the ways you can access and interact with Qyral, our website (“Site”), products, and services, including any Qyral Independent Distributor web pages provided through the Site.
Access and use of the Site constitutes an acceptance of the Terms. Any violation may result in the termination of your ability to access and use the Site.
You must be at least 13 years old in order to use the Site and create a member profile. If you are under the age of 13, please do not register an account or provide any personal information to the Site.
We may review and revise these Terms at any point, in whole or in part; make changes to the Site, including removing or discontinuing any content or features; and we may also change any fees or charges required to maintain your membership or use the Site. Any changes will be effective immediately upon notice. Notice may be provided by any means, including but not limited to posting on the Site or by email. Continued use of the Site after such notice is provided constitutes acceptance of any changes.
It is your responsibility to check this page periodically and familiarize yourself with any updates to these Terms.
If you are a Qyral Independent Distributor, you use of an access to the Site (including any personal web page you may have been provided), is also governed by the Terms of your Distributor Agreement, including the Qyral Policies and Procedures.
As used in these Terms, "we," "our," "us" and "Qyral" refers to QYRAL, LLC, including its subsidiaries and affiliates.
REGISTRATION AND GUEST CHECKOUT
During the account setup process you may be prompted to create a username and password. We reserve the right to reject usernames for any reason at our sole discretion, including but not limited to instances where a username attempts to impersonate somebody else, of illegal, vulgar, or otherwise offensive language, or if the name is protected by a trademark or other proprietary rights law.
You are responsible for keeping your username and password confidential and you agree not to sell or transfer your username or access to the Site to any third party. You are also responsible for any activity (including purchases) conducted through your account. If you suspect your account has been compromised, inform us immediately by contacting firstname.lastname@example.org.
USING THE SITE
Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, non-sublicensable, limited right and license to access and use the Site, including any images, text, graphics, sounds, data, links and other materials incorporated into the Site (other than your Submissions, as defined below), solely as made available by us and solely for your own personal purposes.
The Site and all its material and intellectual property rights, remains the property of Qyral, or its licensors or suppliers. You may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Site without written consent from Qyral.
When using the site, you agree not to:
Defame, abuse, harass, stalk, threaten, or otherwise disturb the rights of other users, including their rights to privacy or rights of publicity
Impersonate any person or entity, falsely state or misrepresent your affiliation with any third party, or use fraudulent, misleading, or inaccurate contact information
Restrict other users from accessing the Site, including, without limitation, hacking or defacing any portion thereof
Violate any applicable laws or regulations
State or imply that any of your statements are endorsed by Qyral, without prior written consent
Upload or transmit to the Site any material that is (a) unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’ intellectual property or other rights; (b) confidential, proprietary or trade secret information of any third party; or (c) advertisements, solicitations, chain letters, or other unsolicited commercial communications
Spam or flood comments sections or other users’ profiles
Transmit any harmful software or similar programs, including but not limited to viruses, worms, trojan horses, or other destructive materials
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site
Remove or obscure any copyright, trademark, or proprietary rights notices from any portion of the Site
“Mirror” any portion of the site, or link to any page or material other than the URL located at http://www.qyral.com/ or the URLs provided by us to you for such purposes as part of the Site, without prior written consent
Use robots, spiders, or other manual or automatic devices to index or data mine from the Site
Harvest or collect information about Site users without their express consent.
If you engage in any of the above behaviors we may terminate your access to the Site immediately.
YOUR SUBMISSIONS TO THE SITE
In order to improve your experience while using the Site, we may provide areas where you can post or upload comments, photographs, graphics, sounds, data, links, and other materials, collectively termed “Submissions.” You retain ownership of all such Submissions and hereby grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform such Submissions, in connection with the Site.
Except under the terms of this license, we do not claim ownership of your Submissions. You represent, warrant and covenant that all Submissions are your own or you otherwise possess the necessary rights and permissions, and your Submissions do not infringe upon the intellectual property or proprietary right of any third party. You further represent that your Submissions are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
We accept no obligation toward Submissions, and are not liable for any use or disclosure made therein. You agree that we may (but are not obligated to) do any of the following:
Monitor and/or filter Submissions
Alter, remove, or refuse any Submission (including, without limitation, by suspending the processing and shipping of any order relating to any Submission)
Disclose any Submissions to third parties in order to protect the Site, our company, and our affiliates, distributors, partners, licensors, advertisers, sponsors, and users, or to comply with legal or governmental requests, to enforce these Terms, or for any other reason
We provide no backup services or warranties related to Submissions and advise all users to maintain their own copies of Submissions in a secure external location.
USE OF OUR FORUMS
Submissions may be shared with other users via Forums provided by the Site. Some Forum participants may use anonymous screen names and have no other connection with Qyral. Information posted by users within the Forums may be inaccurate, misleading, or deceptive. We offer no warranties as to the accuracy of Forum postings, and neither endorse nor hold responsibility for such messages or statements. The opinions expressed in the Forums are the sole responsibility of the individual users who make them, and they do not necessarily reflect the opinions of Qyral.
We are not responsible for any errors or omissions, for the destination of hyperlinks contained within Submissions, or them results or actions taken as a consequence of Forum Submissions. Under no circumstances will Qyral, our affiliates, supplier, or agents, be liable for any loss or damage caused by reliance on information provided through the Site.
We may, but are not obligated to, monitor the Forums and remove, censor, or ban content posted therein.
MAKING PURCHASES ON THE SITE
You agree you are responsible for all charges incurred by yourself or any user of your account and payment method, at the price in effect at the time such charges are incurred. You are also responsible for any tax relating to your purchases. We may require additional verification prior to accepting orders placed on your account.
Prices are subject to change without notice, and are displayed on the Site. you assume title and risk of loss upon our delivery of your order to the carrier. We reserve the right to ship partial orders (at no extra cost) and charge your payment method for the completed portion of the order at the time of shipping.
All purchases you make through the Site are covered by Qyral’s Satisfaction Guarantee. Please refer to the Guarantee terms for more information.
INFORMATION ABOUT OUR PRODUCTS
All information and materials provided by Qyral are intended for personal educational and informational purposes only. None of the statements made about Qyral products have been evaluated by the U.S Food and Drug Administration. Not all users may experience the reported results, if any, of Qyral products. Statements on the Site and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products must be used according to the instructions. It is your responsibility to check the ingredients for any potential allergens prior to use.
The information on the Qyral website and any products, services, software, tools, applications, features or functionality offered or made available on or through the website (including any Qyral Independent Distributor personal web pages provided through the website, collectively, the "Site") are not in any way intended to provide medical or business advice nor is it intended to create a doctor-patient relationship. Nothing contained on the Site should be construed as nor is it intended to be used for medical diagnosis or treatment. The site should not be used in place of the advice of your physician or other qualified healthcare provider. Any interactive tools contained on the Site are provided to assist you in your personal research on skincare issues. Results from the use of Qyral products may vary depending upon the individual, and Qyral makes no guarantee as to the results that you may experience. Qyral recommends that you consult with your physician or other qualified healthcare provider before beginning any product regimen or treatment. You should not disregard or delay seeking medical advice based upon any information provided on the Site. For additional information see the Qyral Policies and Procedures. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
If you believe your rights under copyright law have been infringed upon by content hosted on the Site, you have recourse under the Digital Millennium Copyright Act of 1998 ("DMCA"). If you have a good faith belief that any materials used or displayed on the Site infringes your copyright, you or your agent may provide notice requesting the material be removed. Per DMCA regulations, you must provide the following information with your notice:
A physical or electronic signature of the copyright holder or their authorized agent
Identification of the copyrighted work(s) that are alleged to have been infringed
Identification of the allegedly infringing material(s), sufficient for us to be able to locate it on the site
The name, address, telephone number, and email address of the copyright holder or their authorized agent
A statement declaring the good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent or the law
A statement confirming the information provided in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
DMCA permits counter-notices to be issued should the receiving party have a good faith belief that a notice of copyright infringement has been wrongly filed. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Site should be sent to:
ATTN: Copyright Protection
704 South Spring Street
Los Angeles, CA 90016
PERSONALIZED WEB ADDRESSES (URLS)
We may provide at our discretion personalized web pages associated with the Site for Qyral Independent Distributors. We do not guarantee the availability of specific URLs and reserve the right to reclaim, suspend, terminate and/or transfer any such web pages or URLs according to the terms of the Distributor Agreement.
TERM AND TERMINATION
These Terms remain in effect unless and until terminated as follows. We may immediately terminate these Terms, and/or access to the Site or any portion thereof, at any time and for any reason, upon providing notice to you. Qyral Independent Distributors may have different or additional rights as described in the Distributor Agreement. Except for the license to access and use the Site granted to you in these Terms, the rights and obligations of the parties as set forth herein will survive termination.
THIRD-PARTY SITES AND SOFTWARE
The Site may contain links to websites, products, and services offered and maintained by third parties. Qyral does not warrant to have reviewed or endorsed any site, product, or service linked from the Site. We do not control these third party properties, and accept no responsibility for their content and operations, or their privacy, safeguarding, and other practices. Links are provided for the purpose of convenience only. You are responsible for all costs associated with your use of any third party properties, including licence fees and service charges.
We do not charge any additional fees for accessing the Site via mobile phone services (wifi, data, roaming). Your carrier’s normal rates and fees still apply.
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, distributors, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees—except where prohibited by law) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the rules set forth in Section 2 above; (b) your Submissions; and/or (c) your activities in connection with the Site.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL MATERIALS INCORPORATED THEREIN, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, QYRAL AND ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE AND OUR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF QYRAL OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS OR AGENTS, WHETHER MADE ON OR THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER QYRAL NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, DISTRIBUTORS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOST PROFITS, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE LOSSES), EVEN IF QYRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF QYRAL ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITE IS LIMITED TO THE AMOUNT YOU PAID TO US. IN ALL CASES, QYRAL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSIONS OF CERTAIN LIABILITY LIMITATIONS. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 (INDEMNITY), 15 (DISCLAIMER OF WARRANTIES) AND 16 (LIMITATION OF LIABILITY) MAY NOT APPLY TO YOU. IN PARTICULAR, IF YOU ARE A RESIDENT OF NEW JERSEY, SECTIONS 14, 15 AND 16 OF THESE TERMS AND CONDITIONS SHALL NOT APPLY TO YOU, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR IN ANY LINKED, INCORPORATED OR OTHERWISE REFERENCED DOCUMENT, POLICY OR TERMS AND CONDITIONS.
In order to protect our business and customers, we screen all orders for fraud and other unauthorized or illegal activity. We reserve the right to refuse orders if they fail our security checks. In such instances, you may be contacted by a member of our Sales Support team in order to confirm your order history. We also reserve the right to cancel your account or refuse delivery to addresses where we suspect fraud or other unauthorized activity. These measures are put in place to protect customers and ourselves from misuse of the Site.
IDEAS SUBMISSIONS POLICY
If you are interested in submitting an idea or suggestion for a new product or service from Qyral, either independently of, or in conjunction with, our existing product lines, we welcome your input. However please note that all such ideas and suggestions, once submitted, become the property of Qyral and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to Qyral.
Should the above be held ineffective for any reasons, your ideas and suggestions will be treated as Submissions and handled in accordance with the license granted in Section 3 of these Terms.
Please do not submit any ideas or suggestions for which you intend to retain intellectual property rights (patents, copyright, trademark, etc.), without our prior written approval. You may contact us to discuss your ideas or request approval for submission by emailing email@example.com. Additional legal agreements may be required in order for us to evaluate your idea or suggestion.
These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Los Angeles, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Qyral and its affiliates do not guarantee that Qyral Independent Distributors participating in the business opportunities described on the Site will generate any income. As with any business, each Distributor’s business results may vary, and will be based on variable factors such as the Distributor’s individual capacity, business experience, expertise and motivation. Readers are cautioned not to place undue reliance on the information on this Site and are urged to perform their own due diligence prior to making any decision to participate.
If you have any questions or comments regarding these Terms, please Contact Us via firstname.lastname@example.org.