Terms & Conditions

Last Updated November 11, 2019

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Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below. 

 

The website is owned and operated by Pink Me Up, LLC and is intended to provide insights and advice for network marketers and business owners.

 

These terms of use (the “Terms”) govern your access to and use of directsalesrocks.com and/or michellecunninghaonline.com (“we” or “our”) website and services (the “Services”).

 

YOU SHOULD READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use which govern directsalesrocks.com & michellecunninghamonline.com relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions, and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms, and agreements applicable to those services, these Terms of Use will control.

The term ‘directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com, michellecunninghamonline.com' or ‘us’, 'our' or ‘we’ refers to the owner of the website. Our office is located at 30628 Detroit Road #228, Westlake, OH 44145; Phone: 1-877-484-4367

 

APPLICATION OF TERMS

These Terms constitute a legally binding agreement between directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com, or michellecunninghamonline.com and you. By using the Services you agree to be bound by and comply with these Terms. These Terms apply to all users of the Services. You may use the Services only in compliance with these Terms. If you do not agree to be bound by and comply with these Terms, you may not use the Services.

 

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to both you as an individual and to that organization.

 

CONSIDERATION

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.

 

CHANGES

We may revise these Terms from time to time and the most current version will always be posted on our website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms. If you do not agree to the new terms, you agree to stop using the Services. We may change, suspend, discontinue, or restrict access to, the Website without notice or liability. If there is a dispute about the Terms or the Services, the Terms in effect at the time the dispute arose shall apply.

 

DIRECTSALESROCKS.COM, MASTERINGTHELIVE.COM, PRIZEFACTORYMICHELLE.COM SIMPLEBRANDIGACADEMY.COM, & MICHELLECUNNINGHAMONLINE.COM OWNS THE SERVICES AND ASSOCIATED CONTENT.

The Services are being provided and sold to you by directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com, AND michellecunninghamonline.com only for use under the Terms. You do not acquire any right, title or interest in or to the Services or any associated content other than the limited license granted to you by these Terms. Any rights not expressly granted to you in these Terms are expressly reserved.

 

COPYRIGHT AND TRADEMARKS

All content and Services included in or made available through directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com and michellecunninghamonline.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (including any derivatives of or enhancements to the same) is the property of directsalesrocks.com and michellecunninghamonline.com and is protected by copyright, trademark, patent and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use directsalesrocks.com and michellecunninghamonline.com's trademarks, logos, domain names, or other brand features. All other trademarks not owned by directsalesrocks.com and michellecunninghamonline.com's that may appear on or in any directsalesrocks.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com and michellecunninghamonline.com.

 

PROPERTY & FEEDBACK

We appreciate it when users send us feedback, but please be aware that we may freely use any feedback, testimonials, comments, or suggestions you send us without any obligation to you. When you use directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com and michellecunninghamonline.com services or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other directsalesrocks.com or michellecunninghamonline.com. Services and you can retain copies of these communications for your records. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

AVAILABILITY OF OUR SERVICES
We try our best to have directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com and michellecunninghamonline.com and our Services available 24 hours a day, 7 days a week. There may still be times when the Services are unavailable for routine maintenance, to correct technical difficulties, or for some other reason. Availability of the Services is subject to change at any time in our sole discretion. We may discontinue the website at any time and for any reason, without notice. We may change the contents, operation, or features of the website at any time for any reason, without notice.

 

THIRD-PARTY CONTENT AND LINKS

We may provide third-party content through the Services. Any such content represents the opinions, judgments, and offerings of the third-party, not directsalesrocks.com. We do not endorse and are not responsible in any way for, any such content and we expressly disclaim any endorsement or responsibility for such content.

 

Links to other websites are provided for your convenience and reference only. We have no control over these sites, and we are not responsible for their content. We do not endorse and are not responsible in any way for, any content on these sites and we expressly disclaim any endorsement or responsibility for such content.

 

Please note that when you travel from the Services to another website, whether through links provided on the Service or otherwise, you will be subject to the privacy policies (or lack thereof) of these sites. We caution you to use good judgment and to determine the privacy policy of these sites before you provide any personal information.

 

YOUR OBLIGATIONS

You must:

a. not act in a way, or use or introduce anything (including any virus, worm, Trojan

horse, timebomb, keystroke logger, spyware or other similar feature) that in any way

compromises, or may compromise, the Website or any Underlying System, or

otherwise, attempt to damage or interfere with the Website or any Underlying System; 

b. obtain our written permission to establish a link to our Website. If you wish to do so,

email your request to support@michellecunninghamonline.com.

c indemnify us against all Loss we suffer or incur as a direct or indirect result of your

failure to comply with these Terms.

 

APPLICATION TO MARY KAY, INC'S INDEPENDENT SALES ORGANIZATION 

We do not directly or indirectly promote, distribute or sell services or products to members of the Mary Kay, Inc.'s independent sales organization. If you are a member of the Mary Kay, Inc.'s independent sales organization, you are hereby advised that our website and/or services are not intended for use by you and certain services we offer may not be available to you. By continuing to use our website, you acknowledge your decision to do so was voluntary and not due to any solicitation or promotion you received from us.

 

SUSPENSION AND TERMINATION 

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it). On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

 

RISK OF LOSS

All purchases of physical items from directsalesrocks.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

RETURNS, REFUNDS AND TITLE

directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com and michellecunninghamonline.com do not take title to returned items until the item arrives at our office. At our discretion, a refund may be issued without requiring a return. In this situation, directsalesrocks.com and michellecunninghamonline.com do not take title to the refunded item. We have a 60-day refund policy on all purchases whether online or mailed and refunds will not be issued past 60 days of purchase.

 

SANCTIONS AND EXPERT POLICY 

You may not use any directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com and michellecunninghamonline.com service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com and michellecunninghamonline.com services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY 

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, FOR USE BY YOU AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, directsalesrocks.com, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, ANY PARENT COMPANIES, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, CONTENT PROVIDERS, SERVICE PROVIDERS, VENDORS, LICENSORS, MERCHANTS, RELATED COMPANIES, ADVISORY BOARDS, REPRESENTATIVES, AND SUPPLIERS (COLLECTIVELY THE “directsalesrocks.com and michellecunninghamonline.com ENTITIES”) DISCLAIM ANY AND ALL WARRANTIES,EXPRESS AND IMPLIED, INCLUDING ANY: (1) WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE CERTAIN RESULTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR COMPLETENESS OF INFORMATIONAL CONTENT MADE AVAILABLE THROUGH THE SERVICES; AND (3) WARRANTIES OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY OR SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

 

INDEMNIFICATION 

You agree to indemnify and hold harmless directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com and michellecunninghamonline.com and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. 

 

ARBITRATION 
You and directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com or michellecunninghamonline.com each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents or information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms. We will contact you based on the contact information you have provided us. If you and directsalesrocks.com or michellecunninghamonline.com cannot resolve any dispute after 30 days, the party seeking to pursue a claim will submit the claim to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.

 

Any claim or dispute between you and directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com or michellecunninghamonline.com, and any claim by either against any agent, employee, successor, or assign of the other, including third parties, whether related to these Terms or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.

You agree that receiving the Services is a transaction involving interstate commerce. These Terms and any related arbitration proceedings will be governed by the Federal Arbitration Act, 9 U.S.C. 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

 

Either You or directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com or michellecunninghamonline.com may bring applicable claims in small claims court. Also, you and directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com or michellecunninghamonline.com each agree that any arbitration will be solely between you and us, not as part of a class-wide claim. If any court or arbitrator determines that this class-wide restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the classwide dispute must be brought in court.

 

NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, YOU AND directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com or michellecunninghamonline.com EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

 

NO JURY TRIAL
TO THE EXTENT ALLOWED BY LAW, YOU AND directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com and/or michellecunninghamonline.com EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

 

MISCELLANEOUS LEGAL TERMS
THESE TERMS AND THE USE OF THE SERVICES WILL BE GOVERNED BY OHIO LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES THAT ARE NOT GOVERNED BY THE ARBITRATION CLAUSE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS LOCATED IN CUYAHOGA COUNTY, OHIO, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.

 

These Terms constitute the entire and exclusive agreement between you and directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. If you are paying for the Services or someone is paying for the Services on your behalf, the previous sentence does not apply and you remain subject to the terms of all agreements with directsalesrocks.com and/or michellecunninghamonline.com related to your use of the Services.

 

THESE TERMS CREATE NO THIRD PARTY BENEFICIARY RIGHTS.

Our failure to enforce a provision of these Terms or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other. If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

 

You may not assign any of your rights in these Terms, and any such attempt is void. directsalesrocks.com, masteringthelive.com, prizefactorymichelle.com, simplebrandingacademy.com and/or michellecunninghamonline.com may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the website.

 

MINORS.

We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.

 

PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS.

Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy on this website.

 

ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS.

Our anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our anti-Spam policy on this website.

 

These terms were last updated on: November 11, 2019

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