The Power of 31 Terms and Conditions

These Terms and Conditions exist for the benefit of The Power of 31 and its customers and associates. The Power of 31, at its sole discretion, reserves the right to terminate the account of any member caught in violation of the Terms and Conditions without notice.

1. Illegal activity. Members may not present The Power of 31 promotions on any page, newsgroup, email or any distribution method that is regarded objectionable by The Power of 31, its Internet Service Providers, or otherwise considered unlawful according to any controlling legal authority. This includes, but is not limited to, pornography, computer viruses, prostitution, obscenity or Spam.

2. Third-Party Liability. The Power of 31 will in no way be liable for the actions of third parties that may in any way because members harm.

3. Terms and Conditions. The Power of 31 reserves the right to update, modify, add or change the terms and conditions without notice.

4. Product Sales. There is no cost to become an Independent Marketing Associate (IMA). You can purchase a luxury wax melts for a one-time cost of $31 and refer three new customers to earn product rewards and cash and you become an associate.

After payment, you are automatically redirected to the Payment Verification and Product Registration Form. This form MUST be completed before your reward account can be approved.

5. Shipping Products. All Product Registration forms are verified as having a valid shipping address, according to the United States Postal Service if it not verified your product will not ship.

Products are shipped out on the 15th and the 30th of each month.

6. The rewards account of the user can be canceled anytime by the administrator without giving any reason.

7. There is a product purchase required to remain active one time per year of at least $31.

8. We currently accept payment through Master Card, Visa.

9. Any member acting unethical or unprofessional may be removed, without a refund at the sole discretion of The Power of 31 with all future commissions or products usage forfeited.

10. Associate Cancellation. The association with The Power of 31 is voluntary and therefore may be canceled at any time by the associate and will be automatically cancelled if the yearly requirement is not met. The Power of 31 will only cancel/terminate an associate if it’s deemed that the associate is operating in conflict with The Power of 31 terms and conditions.

11. Cancellation/Termination of association. Any associate that is canceled/terminated will forfeit all benefits and privileges associated with The Power of 31. Any positions held in participating Programs owned by The Power of 31 will also be forfeited and ownership will be reassigned to The Power of 31.

12. Relationship. A member is neither an employee nor an independent contractor of The Power of 31.

13. Disputes. Agreements shall be interpreted under the laws.

14. Private Information. The Power of 31 will never provide personal information about its members to third parties without the consent of the member unless required by law.

15. Copyright Material. All branding, logos and graphics contained within The Power of 31 are copyright use; distribution or copying of such content is expressly prohibited. The Power of 31 provides members with approved material for marketing within the associate’s area.

16. Damaging Intent. Any Member who engages in chat, email, postings or any other medium, content that is deemed damaging to The Power of 31 and or its members will be terminated from The Power of 31. Depending on seriousness, The Power of 31 may deem it appropriate to exercise legal action.

17. UCE/UBE or SPAM. The Power of 31 strictly prohibits the use of UCE or SPAM. This enforcement is at the sole discretion of The Power of 31 and for the benefit of all its associates. Associates proven to be participating in such activities will have their association with The Power of 31 canceled.

18. Contact Information. It is the responsibility of members to keep their personal records up to date at the associate’s area. The Power of 31 will not be responsible for communication error due to incorrect or out of date contact information. Continued failed attempts to make contact with you may result in the termination of your association.

19. Tax. You, the customer/associate, are responsible for any and all taxes payable in you resident domicile or jurisdiction, for any income you receive either from The Power of 31 or any program promoted via the Power of 31 Program.

20. Refunds. We have a No Refund Policy.

21. Indemnification.

You will indemnify and hold the POWER OF 31 Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your use of, inability to use, or activities in connection with the POWER OF 31 WEBSITES; (b) any violation of this Agreement or any other POWER OF 31 terms, conditions or policies by you or through any account you may have with any POWER OF 31 WEBSITE; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the POWER OF 31 WEBSITES infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any POWER OF 31 WEBSITE visitor, user, or customer, or any other third party; and you agree to reimburse the POWER OF 31 Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).

22. Members are allowed only one entry per entity (individual or company).

The Power of 31 Privacy

Your information collected is solely for the use of The Power of 31 and will not be sold to any other company.

23. Limitation of Liability.

IN NO EVENT SHALL THE POWER OF 31/THE GRATITUDE CANDLE COMPNY AND ., ITS SUBSIDIARIES OR ASSOCIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "POWER OF 31 ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE POWEROF 31 WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE POWER OF 31 WEBSITES, OR (D) THE ACTS OR OMISSIONS OF POWER OF 31 INDEPENDENT SALES ASSOCIATES, IN EACH EVENT, EVEN IF POWER OF 31 OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. POWER OF 31 IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. POWER OF 31 IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY POWER OF 31 INDEPENDENT ASSOCIATE), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL POWER OF 31’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE POWER OF 31WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE POWER OF 31 WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE POWER OF 31 WEBSITES.

24. Purchases and Other Transactions.

If you wish to purchase any product or service or to make a payment to your POWER OF 31 account through an POWER OF 31WEBSITE (each such purchase or other transaction, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through the POWER OF 31 WEBSITES will be treated by POWER OF 31 in accordance with this Agreement and the Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.

25. Links to or From Other Sites.

Except as otherwise expressly stated by POWER OF 31on a POWER OF 31, POWER OF 31 is not affiliated or associated with operators of any third party websites that link to or are linked from the POWER OF 31 WEBSITES. POWER OF 31 expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the POWER OF 31 WEBSITES. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the POWER OF 31 WEBSITES because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.

YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

POWER OF 31 shall have the right, at any time and at its sole discretion, to block links to the POWER OF 31WEBSITES through technological or other means without prior notice.

26. Intended Audience.

POWER OF 31controls and operates the POWER OF 31 WEBSITES from its offices located in the State of TENNESSEE, U.S.A., and the POWER OF 31 WEBSITES are not intended to subject POWER OF 31 to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the POWER OF 31 WEBSITES are presented solely for the purpose of providing services and promoting products available in the United States. POWER OF 31 makes no representation or warranty that any POWER OF 31 WEBSITE, in whole or in part, or any products, services, or materials made available through the POWER OF 31 WEBSITES, are appropriate or available for use in other locations. Those who choose to access the POWER OF 31 WEBSITES from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.

27. Registration; User Names and Passwords.

You may be required to register with POWER OF 31 in order to access certain areas of the POWER OF 31 WEBSITES, for example, to purchase POWER OF 31 products or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the POWER OF 31WEBSITES, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the POWER OF 31 WEBSITES, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the Power of 31 WEBSITES that occur in connection with your user name. You agree to immediately notify POWER OF 31 of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the POWER OF 31 WEBSITES, and to ensure that you "log off" and exit from your account with the POWER OF 31 WEBSITES (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

POWER OF 31 reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the POWER OF 31 WEBSITES are subject to change without notice, and POWER OF 31 shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to POWER OF 31’S refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the POWER OF 31WEBSITES, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

27. Registration; User Names and Passwords.

28. Sweepstakes, Contests, and Similar Promotions.

Any sweepstakes, contest, or similar promotion made available through any POWER OF 31 WEBSITE may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. POWER OF 31 urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.

29. Forums and Submissions.

POWER OF 31 may offer features through the POWER OF 31 WEBSITES that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described in Conduct Section above apply to the Forums. Additionally, without Power of 31's express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other POWER OF 31 WEBSITE visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.

When you submit or make available any information or materials through the Forums or otherwise through any POWER OF 31 WEBSITE ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by POWER OF 31 without restriction. You grant to POWER OF 31 the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sub licensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the POWER OF 31 WEBSITES complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.

We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the POWER OF 31 WEBSITES. The Forums include the opinions, statements and other content of third parties, including POWER OF 31 Independent associates. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including POWER OF 31 Independent Associates) through the Forums or otherwise through the POWER OF 31 WEBSITES are those of such third parties and not of POWER OF 31 and POWER OF 31WEBSITES does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the POWER OF 31 WEBSITES at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.

You acknowledge and agree that POWER OF 31 has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the POWER OF 31 WEBSITES. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE POWER OF 31 WEBSITES, YOU DO SO AT YOUR OWN RISK.

30. Rules of Conduct.

We expect users of the POWER OF 31WEBSITES to respect the law as well as the rights and dignity of others. While using the POWER OF 31 WEBSITES you agree to comply with all applicable laws, rules and regulations. In addition, your use of the POWER OF 31 WEBSITES is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the POWER OF 31WEBSITES.

31. Disclaimer.

THE POWER OF 31 WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. POWER OF 31 MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE POWER OF 31 WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. POWER OF 31 MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY POWER OF 31 INDEPENDENT ASSOCIATE; (B) THAT THE POWER OF 31 WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE POWER WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE POWER OF 31 WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE POWER OF 31 WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.