Terms & Privacy

Privacy Policy

ndsr.me, esuite.me, directselling.me, thegirardigroup.com and all affiliated sites including the National Direct Selling Registry™.

What personal information do we collect from the people that visit our website?

When enrolling or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number, credit card information or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.

How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.

In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
• Keep track of advertisements.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

If you disable cookies off, some features will be disabled It won’t affect the users experience that make your site experience more efficient and some of our services will not function properly.

However, you can still place orders .

Third Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We may use Google AdSense Advertising on our website.

Google, as a third party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on their visit to our site and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

We may implement the following:
• Remarketing with Google AdSense

We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.

Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. See more at: https://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA we agree to the following:

Users can visit our site anonymously

Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes:
• On our Privacy Policy Page

Users are able to change their personal information:
• By emailing us

How does our site handle do not track signals?

We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third party behavioral tracking?

It’s also important to note that we do not allow third party behavioral tracking
COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information. In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via email
• Within 7 business days
We will notify the users via in site notification
• Within 7 business days

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors
who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions.
• Process orders and to send information and updates pertaining to orders
• We may also send you additional information related to your product and/or service.
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

To be in accordance with CANSPAM we agree to the following:
• NOT use false, or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable way
• Include the physical address of our business or site headquarters
• Monitor third party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of each email

If at any time you would like to unsubscribe from receiving future emails, you can
• Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.

Last Update: 1.01.17

directselling.me
4023 Kennett Pike, #439 Wilmington, DE 19807
hello@esuit.me


Terms and Conditions (eSuite.me, directselling.me, thegirardigroup.com)

(See below for NDSR™ Terms and Conditions)

By using, joining, registering, other otherwise accessing the esuite.me, directselling.me, thegirardigroup.com or affiliated web sites (“Service”), or any services of directselling.me or The Girardi Group, Inc. (“The Girardi Group, Inc.”), you are agreeing to be bound by the following terms and conditions (“Terms and Conditions”). This is a legally binding agreement. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT, USE THE SERVICE, OR REGISTER TO JOIN THIS SERVICE.

Registered users of the above Services are “Members” and unregistered users are “Visitors”. This agreement applies to both parties.

eSuite and its partners, directselling.me, and The Girardi Group, reserve the right to update and change the Terms and Conditions from time to time without prior notice. Any new features or changes to the current Terms and Conditions, including the release of new tools and resources, shall be subject to the Terms and Conditions. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide eSuite, directselling.me or The Girardi Group, Inc. notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS AND CONDITIONS. You can review the most current version of the Terms and Conditions at any time at www.eSuite.me/terms-privacy

Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.

Account Terms

  1. You must be 13 years or older to use this Service
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  4. You are responsible for maintaining the security of your account and password. directselling.me, eSuite nor The Girardi Group, Inc. or our affiliated sites cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

Payment, Refunds, Upgrading and Downgrading Terms

  1. All plans must enter a valid credit card.
  2. All courses have a clearly defined period of time for which you have access to the course based on your purchase date.
  3. Much of the course material is immediately downloadable. Therefore, directselling.me, The Girardi Group, Inc., eSuite nor our affiliated sites does not provide refunds for courses purchased except in the event of duplicated purchases for the same material within 3 days of purchase.
  4. All fees and charges incurred in connection with your eSuite account will be billed to the credit card designated during the registration process for the Account or subsequently designated by you to eSuite.
  5. All subscription plans will continue and renew automatically, unless properly cancelled
  6. If you initially sign up for a plan which includes a free or discounted trial period, and you don’t cancel that account before the stated trial period expires, you will be billed for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.
  7. An upgrade to any plan from an Account in a trial period will end your trial immediately. You will be billed for your first month immediately upon upgrading.
  8. Downgrading your Service may cause a loss of features or capacity of your Account. eSuite does not accept any liability for such loss.

Referral Partners / Affiliates

  1. directselling.me, The Girardi Group, Inc. or eSuite may partner with companies to offer products or services through an affiliate relationship.

Cancellation and Termination

  1. You are solely responsible for properly canceling your eSuite account. To cancel our services, please send an email to hello@esuite.me or fill out our contact form.
  2. We reserve the right to cancel any account based on these Terms and Conditions.

Modifications to the Service and Prices

  1. directselling.me, The Girardi Group, Inc. and eSuite reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the directselling.me, The Girardi Group, Inc. (thegirardigroup.com) or eSuite site (eSuite.me) or the Service itself.
  3. directselling.me, The Girardi Group, Inc. nor eSuite shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. All of the information, training, resources, tools, eBooks and other services are the sole property of The Girardi Group, Inc., directselling.me and eSuite. You are not permitted to copy or distribute these materials unless otherwise expressely indicated. For example, in a page or post where we have social sharing buttons, you can share the page or post. Where we recommend you encourage others to print or use our materials, you are permitted to have them print materials gained from their relationship with us.
  2. In no way does using the Service define a legal partnership with directselling.me, The Girardi Group, Inc. nor eSuite including but not limited to co-ownership, ownership, partnership, or any other type of bounded legal interest including but not limited to intellectual property, financial gains, financial loses, profits, investments, content, liability, promises, damages, demands, claims, suits, or proceeding.
  3. The Girardi Group, Inc., directselling.me nor eSuite do not pre-screen users of the Service, and allows anyone to use the Service, but the Service has the right (but not the obligation) in its sole discretion to refuse or remove any users from using the Service.
  4. If a user or users of the Service infringe on the intellectual property rights of another user of the Service over the material that you provide to the Service including but not limited to your domain name, ideas, content (including but not limited to videos, audio recordings, file attachments, and written text), business models, communications, or recipients, you agree that the Service assumes no liability, damages, interest, fault, and provides no warranty against this, and you waive any right to pursue any claim, demand, suit or proceeding against the Service.
  5. The Girardi Group, Inc., directselling.me nor eSuite is not obligated to publish on our Service any information or content that you submit
  6. The look and feel of the Service is copyright ©2014 The Girardi Group, Inc. and eSuite. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from The Girardi Group, Inc.

General Conditions

  1. You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
  2. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  3. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any directselling.me or eSuite customer, employee, member, or officer will result in immediate Account termination.
  4. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by The Girardi Group, Inc., directselling.me, or eSuite.
  6. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, eSuite, or any other eSuite partner or service.
  7. You understand that The Girardi Group, Inc., directselling.me and eSuite use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  8. Technical support is only provided to paying account holders via email.
  9. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  10. The Girardi Group, Inc., directselling.me and eSuite do not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  11. You expressly understand and agree that The Girardi Group, Inc., directselling.me and eSuite shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Girardi Group, Inc., directselling.me or eSuite has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.
  12. The failure of The Girardi Group, Inc., directselling.me or eSuite to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and the Service and govern your use of the Service, superseding any prior agreements between you and the Service (including, but not limited to, any prior versions of the Terms and Conditions). You agree that these Terms and Conditions and your use of the Service are governed under US law.
  13. Questions about the Terms and Conditions should be sent to hello@esuite.me.

 

Accuracy and Availability of Information

  1. The Site contains database information and other content compiled by The Girardi Group, Inc., directselling.me and eSuite. While we use commercially reasonable efforts to provide accurate information, the Service gives no warranty as to the accuracy of the database and other content on the Site. The Service reserves the right to withdraw or delete information or content from the Site at any time.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE UNITED STATES DOLLAR ($1.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE ESUITE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND. THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE’S request), indemnify and hold the THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms and Conditions; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE in the defense of any claim. THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE.

Entire Agreement; Severability; No Waiver

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms and Conditions constitute the entire agreement between you and THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE and governs your use of the Service, superseding any prior agreements between you and THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE. You will not assign the Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE. Any purported assignment or delegation by you without the appropriate prior written consent of THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE will be null and void. THE GIRARDI GROUP, INC, DIRECTSELLING.ME or ESUITE may assign these Terms and Conditions or any rights hereunder without your consent. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms and Conditions remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms and Conditions. These Terms and Conditions do not confer any third-party beneficiary rights.

Terms of Use (the National Direct Selling Registry™, NDSR™, ndsr.me)

By using, joining, registering, other otherwise accessing NDSR.me web site (“Service”), or any services of The National Direct Selling Registry™ (“NDSR™”), you are agreeing to be bound by the following terms and conditions (“Terms of Use”). This is a legally binding agreement. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT, USE THE SERVICE, OR REGISTER TO JOIN THIS SERVICE.

Registered users of the above Services are “Members” and unregistered users are “Visitors”. This agreement applies to both parties.

NDSR™ and its partners, directselling.me™, esuite.me™, and The Girardi Group, Inc., reserve the right to update and change the Terms of Use from time to time without prior notice. Any new features or changes to the current Sites and Services, including the release of new tools and resources, shall be subject to the Terms of Use. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide NDSR™ notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE. You can review the most current version of the Terms of Use at any time at: https://www.ndsr.me/terms-of-use

Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.

Account Terms

  1. You must be 13 years or older to use this Service.
  2. You must provide your legal full name, a valid email address, and any other information requested to complete the signup process.
  3. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  4. You are not permitted to have two profiles for the same Company.
  5. You are not permitted to have two accounts for the same Company.
  6. You are responsible for maintaining the security of your account and password. NDSR™ cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  7. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have login access to your account).
  8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
  9. You may not, under any circumstances, use the Site or Services to recruit or solicit Members or Visitors for your personal business.
  10. You may not, under any circumstances, send messages or contact other Members or Visitors for any reason other than for the sole purpose of doing business with them in their businesses.
  11. If at any time, you are found to be cross-recruiting, poaching or abusing our search functions, your account will be terminated immediately and your access to all information will be revoked.
  12. You may not use nefarious tactics to game the system including the use of bots, automated links, inappropriate backlinking as well as manually breachign these terms.

Payment, Refunds, Upgrading and Downgrading Terms

  1. All plans must enter a valid credit card.
  2. All fees and charges incurred in connection with your NDSR™ account will be billed to the credit card designated during the registration process for the Account or subsequently designated by you within your account dashboard NDSR™. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may change your card details by clicking My Dashboard -> My Account -> Credit Card Details.
  3. All plans will continue and renew automatically, unless properly cancelled.
  4. If you initially sign up for a plan which includes a free or discounted trial period, and you don’t cancel that account before the stated trial period expires, you will be billed for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the free trial period, you will not be charged.
  5. An upgrade to any plan from an Account in a trial period will end your trial immediately. You will be billed for your quarter immediately upon upgrading.
  6. The Service is billed in advance on a quarterly, or otherwise defined term or period of time basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. To treat everyone equally, no exceptions will be made.
  7. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  8. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. An upgrade to any higher priced plan will immediately bill you for the prorated difference for the current billing cycle. A downgrade will take place at the end of the current period before the next billing cycle.
  9. Downgrading your Service may cause a loss of features or capacity of your Account. NDSR™ does not accept any liability for such loss.

Referral Partners / Affiliates

NDSR™, directselling.me™, The Girardi Group, Inc. or eSuite™ may partner with companies to offer products or services through an affiliate relationship. We do not accept any responsibility about the effectiveness of the affiliate product or services nor accept any liability about the product or service for any reason.

Cross-recruiting, Poaching, Deceptive or Unlawful Recruiting Practices

  1. No Member or Visitor of the Site or Service shall engage in any deceptive, false, unethical or unlawful consumer or recruiting practice.
  2. No Member or Visitor shall engage in any recruiting, soliciting or poaching of other members for any reason. Immediate termination of membership will occur for any reported and verified infraction.
  3. Members shall ensure that no statements, promises or testimonials are made that are likely to mislead consumers or prospective salespeople.
  4. Member must comply with all requirements of law. Termination of membership with NDSR™ will be at the sole discretion of NDSR™ if there is a violation of policy against recruiting.
  5. Member shall conduct their activities toward other members in compliance with these Terms of Use and all applicable laws.
  6. Neither NDSR™ nor its affiliated partners and entities shall be held liable for the statements made by its Members or Visitors.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the My Dashboard -> Manage Membership -> Cancel Membership. Then follow the directions to close your account.
  2. All of your account Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your current paid period, your cancellation will take effect immediately and you will not be charged again.
  4. NDSR™, at its sole discretion, has the right to refuse service to current or future users of the Service, or any other NDSR™ service, for any reason at any time. Upon termination, your account and all the data included will be removed and cannot be recovered.

Modifications to the Service and Prices

  1. NDSR™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to quarterly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to NDSR™ site (NDSR.me) or the Service itself.
  3. NDSR™ shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. We reserve the right to use the material you provide to the Service for public posting for the purpose of marketing directselling.me™, NDSR™ or our affiliated programs, products and services. We claim the right to use publicly posted information you upload and post within our Service, in whole or part, where we attribute your profile as the source for any reason without compensation for such use.
  2. Your domain name, ideas and Content uploaded or embedded (including but not limited to videos, audio recordings, file attachments, and written text) remain yours for use outside of our platform. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content and share it publicly.
  3. We claim no interest, vested interest, ownership, co-ownership, intellectual property rights, private benefit, or possession before, during, or after your use of the Service including but not limited to your domain name, ideas, financial gains, financial losses, investments, profits, content (including but not limited to videos, audio recordings, file attachments, and written text), business models, communications or recipients.
  4. In no way does using the Service define a legal partnership with NDSR™ including but not limited to co-ownership, ownership, partnership, or any other type of bounded legal interest including but not limited to intellectual property, financial gains, financial loses, profits, investments, content, liability, promises, damages, demands, claims, suits, or proceeding.
  5. NDSR™ does not pre-screen users of the Service, and allows anyone to use the Service, but NDSR™ has the right (but not the obligation) in its sole discretion to refuse or remove any users from using the Service.
  6. If a user or users of the Service infringe on the intellectual property rights of another user of the Service over the material that you provide to the Service including but not limited to your domain name, ideas, content (including but not limited to videos, audio recordings, file attachments, and written text), business models, communications, or recipients, you agree that NDSR™ assumes no liability, damages, interest, fault, and provides no warranty against this, and you waive any right to pursue any claim, demand, suit or proceeding against NDSR™.
  7. Any information and opinions expressed by you, the user, through the Service, are solely those of the user and are not the opinions of NDSR™, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS.
  8. NDSR™ does not pre-screen Content, but NDSR™ has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
  9. You shall defend NDSR™ against any claim, demand, suit or proceeding made or brought against NDSR™ by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify NDSR™ for any damages financially awarded against, and for reasonable attorney’s fees incurred by, NDSR™ in connection with any such claim, demand, suit or proceeding; provided, that NDSR™ (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases NDSR™ of all liability); and (c) provides to You all reasonable assistance, at Your expense.
  10. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  11. NDSR™ is not obligated to publish on our Service any information or content that you submit
  12. You agree that NDSR™ is not responsible for, and does not endorse, Content posted within the Service. NDSR™ does not have any obligation to pre-screen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  13. Except as otherwise described in the Service’s Privacy Policy, available at https://www.ndsr.me/online-directory-script-privacy-policy, as between you and NDSR™ any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with NDSR™ is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place NDSR™ in a position that is any different from the position held by members of the general public, including about your Content. None of your Content will be subject to any obligation of confidence on the part of NDSR™, and NDSR™ will not be liable for any use or disclosure of any Content you provide.
  14. The look and feel of the Service is copyright ©2017 NDSR™ and The Girardi Group, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from NDSR™.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and may be available via email.
  3. You understand that NDSR™ uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, NDSR™, or any other NDSR™ partner or service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by NDSR™.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any NDSR™ customer, employee, member, or officer will result in immediate Account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
  10. NDSR™ does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  11. You expressly understand and agree that NDSR™ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NDSR™ has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.
  12. The failure of NDSR™ to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and NDSR™ and govern your use of the Service, superseding any prior agreements between you and NDSR™ (including, but not limited to, any prior versions of the Terms of Use). You agree that these Terms of Use and your use of the Service are governed under Delaware law.
  13. Questions about the Terms of Use should be sent to hello@ndsr.me.

 

Accuracy and Availability of Information

The Site contains database information and other content compiled by NDSR™. While we use commercially reasonable efforts to provide accurate information, NDSR™ gives no warranty as to the accuracy of the database and other content on the Site. NDSR™ reserves the right to withdraw or delete information or content from the Site at any time.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL NDSR™ PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) NDSR™ CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY NDSR™ PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF NDSR™ PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL NDSR™ PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL NDSR™ PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE UNITED STATES DOLLARS ($1).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF NDSR™’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY NDSR™ PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY NDSR™ PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT FACT. NDSR™ IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at NDSR™ request), indemnify and hold NDSR™ Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by NDSR™ in the defense of any claim. NDSR™ reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of NDSR™.

Entire Agreement; Severability; No Waiver

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and NDSR™ and governs your use of the Service, superseding any prior agreements between you and NDSR™. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of NDSR™. Any purported assignment or delegation by you without the appropriate prior written consent of NDSR™ will be null and void. NDSR™ may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Last update: 1.01.17