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LifesMiracle Statement of Policies and Procedures | Terms and Conditions

Code of Ethics As a Member of LifesMiracle LP (hereinafter "LifesMiracle" or "the Company") I hereby promise and agree that:

  1. I will be honest and forthright in all my transactions while acting as a member of LifesMiracle, and will perform all activities in a manner that will enhance my reputation and the reputation of LifesMiracle.

  2. I will not engage in any illegal or deceptive practice.

  3. I will be courteous and respect the time and privacy of everyone I contact or solicit in the course of my LifesMiracle business. I recognize that LifesMiracle's policies anticipate and require the highest ethical conduct of all members in all their LifesMiracle business dealings.

  4. I will fulfill my leadership responsibilities as a sponsor, including training and providing support to the members in my organization. I understand that the people I enroll will have an increased opportunity for success in LifesMiracle when they receive ongoing training and support.

  5. I will make no income claims or representations regarding the LifesMiracle compensation plan, except those in LifesMiracle literature. I acknowledge that a LifesMiracle member's success depends on many variables, such as amount of time and effort committed to his or her business and his or her skills and organizational ability.

  6. I will make no claims for LifesMiracle products, services or its income opportunity, except as published in official LifesMiracle literature. I understand that even my truthful reports of personal experience of benefits received from LifesMiracle products, services or its income opportunity may be interpreted as improper LifesMiracle claims if I use those experiences as a sales device.

  7. I will faithfully honor LifesMiracle's 100% satisfaction, money-back guarantee when dealing with my retail customers.

  8. I understand and agree that I am solely responsible for all financial and legal obligations incurred by me in the course of my business as a distributor of LifesMiracle products and services, including self-employment taxes, income taxes, sales taxes, license fees, etc. I understand that I am an independent contractor for all federal and state tax purposes.

  9. I will compete aggressively but fairly, and will respect the participants of other network marketing opportunities. I will not solicit from the member lists or customer lists of other network marketing companies, nor focus sales or recruiting efforts solely on the customers or members of any other single company. I will not use sales materials regarded as proprietary by other companies.

Operational Policies and Procedures

  1. Becoming a Member. An applicant becomes a member of LifesMiracle when each of the following requirements are completed:

    1. The applicant purchases any Presidential Starter Pack, which includes the applicable Starter Pack products, the LifesMiracle Replicated Website with Backoffice, the first year annual member fee, and a position in the company. The annual member fee thereafter is $9.95 per year on your enrollment anniversary.

    2. The applicant's completed application has been received and accepted by the LifesMiracle corporate office.

    3. LifesMiracle reserves the right to decline any member application, including the application of any person who has had a financial interest of any kind in any LifesMiracle Membership under a different enroller in the preceding six months.

  2. Legal age. Members must be of legal age in the state or province of their residence.

  3. Member rights. All members are authorized to sell LifesMiracle products and services, and to participate in the LifesMiracle compensation plan. All members may enroll new members.

  4. No purchase required. No person is required to purchase any LifesMiracle products or services. The only fee required to become a new member is the $39.95 new member fee, which is cost recovery to support the efforts of each new member, including training tools, sales tools, a one month supply of the Ionic Sea, and product and/or income opportunity brochures.

  5. Married couples. If a couple sharing a Membership divorces or separates, LifesMiracle will continue to pay commissions and bonuses as before the divorce or separation until it receives written notice, signed by both parties or by a court decree specifying how future commissions and bonuses should be paid.

  6. Corporate, partnership and trust documents required. Corporate, partnership and trust documents required. Corporations, Partnerships and Trusts may apply to become members of LifesMiracle only when the member application and agreement is accompanied by copies of:

    1. Articles of incorporation, partnership agreement or trust documents as filed with the State

    2. Corporate applicants must disclose a complete list of all directors, officers, and shareholders involved in the corporation. Partnerships must disclose all general and limited partners. Trusts must disclose the trustee and beneficiary.

    3. Proof must be provided of a Federal ID Number and a copy of the Annual Certification from the Secretary of State of the State of Trust, Partnership Registration or Incorporation.

    4. Shareholders, partners, beneficiaries and trustees, directors and officers, as applicable, agree to remain personally liable to LifesMiracle and bound by its rules and regulations.

  7. Fictitious and assumed names prohibited. A person or entity may not apply as a Member using a fictitious or assumed name.

  8. Independent Contractor status. All Members are independent contractors with LifesMiracle, and not franchisees, joint ventures, partners, employees, or agents of LifesMiracle. Members are strictly prohibited from stating or implying, whether orally or in writing, that they are franchisees, joint ventures, partners, employees, or agents of LifesMiracle. Members may not bind LifesMiracle to any obligation.

  9. Annual renewal. All Members must renew their membership annually. The annual renewal fee is due on the anniversary of a member's application to LifesMiracle and will automatically renew unless canceled. Any member not renewing by the renewal date shall be deemed to have voluntarily terminated their membership, and thereby forfeit their membership, all sponsorship rights, position earned, and any future compensation.

  10. Indemnity. Members agree to indemnify and hold harmless LifesMiracle, its shareholders, employees, agents, and successors in interest from and against any claim, demand, liability, loss, cost, or expense, including, but not limited to, attorney's fees arising or alleged to arise in connection with the Membership, and any matter related to the member's performance under the member agreement.

  11. Taxes. Members will be treated as independent contractors for all federal or state tax purposes. As independent contractors, members will not be treated as employees, franchisees, joint ventures, partners, or agents with respect to the Internal Revenue Code, Social Security Act, Federal Unemployment Tax Act, state unemployment acts, or any other federal, state, or local statue, ordinance, rule, or regulation.

  12. Legal compliance. All members shall comply with all federal and state statutes and regulations and local ordinances and regulations concerning the operation of their businesses. All members are responsible for their own managerial decisions and expenditures, including all estimated income and self-employment taxes. At the end of each calendar year, LifesMiracle will issue an IRS Form 1099-MISC for non-employee compensation for Members for anyone earning over $600 per position as required by law .

  13. Member identification number. All members will be required to provide a Social Security number or Federal ID number, and LifesMiracle will use this number until such time as a member identification number is assigned and for all government reporting purposes. While respecting the rights of the "un-numbered," LifesMiracle chooses, as a right of contract, to only enter into agreements with those who are willing to provide a taxpayer identification number. The member identification number must be indicated by the member on all correspondence with LifesMiracle, including paperwork for enrolling, product ordering, etc.

  14. Other products and services. Members are not restricted from selling the products and services of other companies. However, promotion of products, services or income opportunities of other direct selling companies, to LifesMiracle customers or members, unless they are personally enrolled by the member, is strictly prohibited. Any member found in violation of this rule risks suspension or termination of their membership.

  15. No exclusive territories. There are no exclusive territories for marketing or enrolling purposes, nor shall any member imply or state that he or she does have an exclusive territory. There are no geographical limitations (within the U.S. and its possessions) on member enrolling.

  16. Enrolling not compensated. LifesMiracle members may enroll other members into the LifesMiracle program. However, members are compensated only on sales volume, and never for enrolling additional participants into the program.

  17. Multiple applications. If one applicant submits multiple applications, only the first completed form to be received by LifesMiracle will be accepted. LifesMiracle reserves the right to resolve such disputes.

  18. Obligations of Enrollers. Members are required to assure the adequate training of their enrolled members. "Adequate training" includes (but not limited to) education regarding LifesMiracle rules and regulations, compensation plan, product information, sound business practices, sales strategies, and ethical behavior. An enroller must maintain an ongoing, professional leadership association with members in his/her organization and must fulfill the obligation of performing as a bona fide sales mentor or sales trainer in the sale or delivery of products to the ultimate consumer. Examples of such supervision may include, but are not limited to: newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to LifesMiracle training, and sharing genealogy information with those enrolled. Members should be able to provide evidence to LifesMiracle upon request of ongoing fulfillment of enroller responsibilities.

  19. Transferring sponsorship. A transfer request, without group, will be considered with the signatures of consent from the five immediate uplines. A transfer request, with group, will be considered with the signatures of consent from the five immediate uplines, and the notarized signatures of consent of each downline wishing to be included in the transfer. All transfers of sponsorship require the final approval of LifesMiracle, whose decision will take into account the overall good of the LifesMiracle organization. An administrative fee of $20.00 may be charged for changing the corporate records.

  20. Voluntary termination. A Member may voluntarily terminate his or her membership by failing to renew when applicable or upon written notice to LifesMiracle. Voluntary termination is effective upon receipt of such notice by LifesMiracle at its home office. A member who terminates his or her membership may reapply after waiting six months from termination.

  21. Involuntary Termination or Suspension. A member may be involuntarily suspended or terminated by LifesMiracle for violating any of the terms of this Agreement or the provisions of any applicable laws. In ordinary cases, the Company will comply with the following procedures before taking such action:

    1. Complaint(s) by one member against another member regarding any alleged violation(s) will be accepted only if sent to the LifesMiracle home office in writing signed in ink. No phone or email complaints will be accepted.
    2. Normally, the first determination by the Company that a member has committed a violation of the policies or procedures will result in a warning by telephone call to the member. The occurrence and substance of this phone call will be documented and kept in Company records.
    3. A second violation will result in a written reprimand or disciplinary letter to be delivered by email and certified mail or courier to the violating member. Such disciplinary action may include partial or temporary suspension of commissions.
    4. Upon a third violation, the Company may terminate the member. Notification of such proposed action will be made via certified mail or courier to the member citing evidence of the violations. Should no response be provided by the member within 15 days from the date of the notification letter, the termination will, upon Company decision, become final.
    5. In any situation where the member has committed a violation that results in notification, complaint, or demand from state or federal regulatory authorities (e.g. FTC, FDA, or AG) the Company reserves the right and option to omit the foregoing procedure and to immediately terminate the member upon even a first violation.
    6. The terminated member must immediately cease representing himself/herself as a member, and will be barred from reapplying as a member with LifesMiracle for one year. Where applicable state law on termination of a member is inconsistent with Company policy, such state law shall govern.

  22. Appeals. An involuntarily terminated member may appeal the termination by submitting a letter of appeal, stating the grounds of the appeal. This letter must be sent U. S. Mail or private delivery service RETURN RECEIPT REQUESTED and must be received by LifesMiracle within 15 days of the date of mailing of the Company's initial termination notice. If the Company has not received a letter of appeal by that deadline, the involuntary termination shall automatically become final. If a member files a timely appeal, LifesMiracle will, in its sole discretion, review and reconsider the termination and notify the Member of its decision. The decision of the Company shall be final and subject to no further review. If the appeal is denied, the termination shall remain in effect as of the date of the Company's original termination notice.

  23. Effect of suspension. Should LifesMiracle deem it necessary to suspend a member, such suspension could mean that the member may not have the right to represent themselves as a member of LifesMiracle, and any commissions, royalty overrides, or bonuses due will be held by LifesMiracle pending resolution. At the discretion of the Company, products and services may be purchased by a suspended member at wholesale. However, should termination result, product and services may be purchased only from another LifesMiracle member.

  24. Effect of termination. In the event a member is terminated, effective with such termination the member can no longer sell LifesMiracle products and services,

  25. Limits on transferability or sale. A member may sell, assign, or transfer his or her membership to a non-LifesMiracle member, but first must grant the immediate enroller a right of first refusal. No sale, assignment, or transfer of any membership shall be effective without the prior written approval of LifesMiracle whose approval will not be unreasonably withheld. If it is determined in the Company's sole discretion that the membership was transferred in an effort to circumvent compliance with this Agreement, the transfer shall be declared null and void, and the member entity shall revert back to the transferring member, who shall be treated as if the transfer had never occurred from the reversion day forward. An administrative fee may be charged for changing the corporate records.

  26. Vendor relationships. No member shall contact, directly or indirectly, or speak to or communicate with any representative of any supplier or manufacturer of LifesMiracle, except as arranged by LifesMiracle. Violation of this rule may result in termination of member benefits and possible claims for damages if the vendor relationship is compromised by the member contact.

  27. Confidentiality Agreement. Information contained in any genealogy or downline report provided to a Member by LifesMiracle is proprietary and confidential to LifesMiracle, and is transmitted to the member in strictest confidence. The member agrees that he or she will not disclose any such information to any third party directly or indirectly, nor use the information to compete with LifesMiracle or for any purpose other than promoting the LifesMiracle income opportunity. The member and LifesMiracle agree that, but for this agreement of confidentiality and non-disclosure, LifesMiracle would not provide the information to the member. Any member who is found to be in violation of this rule risks suspension or termination. LifesMiracle reserves the right to seek damages to the fullest extent of the law.

  28. Succession. Upon the death of a member, the membership shall pass by will or interstate succession, as provided by law. LifesMiracle will require the successor in interest to sign and be bound by the then current Member Agreement. The successor shall then be entitled to all the rights and subject to all the obligations, just as any other LifesMiracle member.

  29. Trademarks. The name LifesMiracle and the names of all LifesMiracle products and services are the registered or unregistered trademarks of and owned by LifesMiracle. Only LifesMiracle is authorized to produce and market products and literature under these trademarks. Use of the LifesMiracle name on any item not produced or authorized by LifesMiracle is prohibited.

  30. Imprinted checks. LifesMiracle Members are not permitted to use the LifesMiracle trade name or any of its trademarks on their business or personal checking accounts. However, members may imprint their LifesMiracle business checks as being an "Independent Distributor of LifesMiracle products."

  31. Yellow and white page listing. Members are not permitted to use the LifesMiracle trade name or trademarks in advertising their telephone or fax numbers in the white or yellow page sections of the telephone book.

  32. Imprinted business cards or letterheads. LifesMiracle Members are not permitted to incorporate into their own business card or letterhead graphics any LifesMiracle trade name or trademarks. Only the approved LifesMiracle graphics version and wording are permitted, and letterhead must be ordered either from LifesMiracle directly or from a LifesMiracle approved source.

  33. Company literature. Only official LifesMiracle literature may be used in presenting LifesMiracle products, services and the LifesMiracle income opportunity. Company literature may not be duplicated or reprinted without prior written permission from LifesMiracle. All promotional material of any nature, including electronic, must be approved in advance and in writing by LifesMiracle.

  34. Media interviews. Members are prohibited from granting radio, television, newspaper, or magazine interviews, or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize LifesMiracle, its products, services or their individual LifesMiracle business except with the express, written approval of LifesMiracle. All media contacts and inquiries must be coordinated through the approval and representation of a LifesMiracle Corporate Representative.

  35. Internet and web site policy.
    1. No member may independently design or publish a web site that uses the names, logos, or product descriptions of LifesMiracle without written permission from LifesMiracle.
    2. No member may use "blind" ads on the Internet making product or income opportunity representations that are or may be associated with LifesMiracle.
    3. No member may under any circumstance use the Internet for the purpose of indiscriminate "bulk" or unsolicited mailing, generally known as "spamming."
    4. No member may violate any local, state, or federal laws regarding the Internet or any generally accepted ethical codes of Internet conduct.

  36. Independent communications. Members, as independent contractors, are encouraged to distribute information and direction to their respective downlines. LifesMiracle encourages the use of newsletters, training workshops, and other organizational programs. Members must identify their personal communications as such, and not give the impression that such communications are the official communications of LifesMiracle.

  37. Member training. Members are responsible for providing training to the members they enroll. Training assistance is provided in the LifesMiracle online video and audio materials. Also, each Member receives periodic LifesMiracle publications that includes ongoing training and product and services information. Further, members may attend local and regional training workshops for members, and participate in LifesMiracle-originated national training conference calls and webinars.

  38. Endorsements. No endorsements of any kind, including by LifesMiracle officers, may be alleged, except as expressly communicated in LifesMiracle literature or approved in writing.

  39. Copying prohibited. Members shall not copy for sale or personal use audio or video taped material detailing the LifesMiracle income opportunity or product or service presentations, events, or speeches, including conference calls without written permission from LifesMiracle. LifesMiracle may seek injunctive relief or damages from the violator for the unauthorized use of LifesMiracle copyrights, trademarks, and materials. Video or audio taping of LifesMiracle meetings and conferences is strictly prohibited. Still photography is allowable at the discretion of the meeting host.

  40. Telephone answering. Members may not answer the telephone by saying "LifesMiracle," or in any other manner that would lead the caller to believe that he or she has reached the corporate offices of LifesMiracle.

  41. Repackaging and relabeling prohibited. Members may not repackage or relabel any LifesMiracle products, services or materials in any way.

  42. Commissions and Overrides cannot be paid until a completed Member Application and Agreement has been received and accepted by LifesMiracle. Commissions are paid ONLY on the sale of LifesMiracle products. No commissions are paid on the purchase of Member Enrollment, which is sold at Company cost.

    To earn Commissions and accumulate CV, each of the following criteria need to be met:

    1. Distributor must be current in regard to annual membership fee:
    2. Must be on minimum 25CV autoship per month
    3. Must have personally enrolled 2 members on minimum 25CV autoship
    4. Must have personally enrolled 2 members on minimum 25CV autoship
    5. It is the distributor's responsibility to make sure that the autoship orders (for themselves and two qualifying enrollees) for qualifications has been processed. Distributors have until the 3rd of the following month to contact Customer Service to place Qualifying Autoship Orders or Enroll New Members which will be pre-dated to the previous month for qualification purposes.

  43. Calendar period. Commissions, overrides, and achievement awards and recognition are calculated and paid Monthly. Commissions are mailed approximately on the 7th of the month following the month they were earned.

    Minimum amount for payment of Commission and Override checks: $10.00. Hardcopy genealogy printouts: $10.00 plus $1.00 per page over 10 pages.

  44. Commission payments. Consult the compensation plan.

  45. Stockpiling prohibited. The LifesMiracle program depends on, and requires, retail sales to the ultimate consumer; therefore, all forms of stockpiling or product loading are discouraged. LifesMiracle recognizes that members may wish to purchase certain products in reasonable amounts for their own use and for availability to new members as they are enrolled. However, LifesMiracle strictly prohibits the purchase of products in unreasonable amounts solely in an attempt to qualify for advancement in the compensation plan.

  46. Sales volume qualification by order taking. The Company has adopted minimum personal and group business volume requirements. Minimum business volume requirements may also be fulfilled by taking orders from retail customers which will be fulfilled by the Company directly shipping to the retail customer.

  47. Shipping costs. Members have the responsibility to indicate (a) method and means of shipping and (b) destination address. The methods available are stated on each order form and the prepaid costs, if selected, can be calculated by the shipping and handling cost information also provided. NOTE: Should the receiving party of any order shipped from LifesMiracle refuse delivery and the shipment be returned to LifesMiracle, the ordering member's Member Status will be made "inactive" pending resolution of the delivery refusal. Non-accepted delivery charges will be debited to the member's account.

  48. Damaged goods. The shipping company is responsible for any damage that occurs after it takes physical custody of the goods. A member who receives damaged goods should follow this procedure:

    1. Accept delivery
    2. Before the driver leaves, document on the delivery receipt the number of boxes which seem to be damaged.
    3. Save the damaged products or boxes for inspection by the shipping agent.
    4. Make an appointment with the shipping company to have the damaged goods inspected.
    5. File a claim with the shipping company.

  49. Receipts and suggested retail pricing. LifesMiracle will provide all retail purchasers of LifesMiracle products with written receipts. Although LifesMiracle provides a suggested retail price as a guideline, members may sell LifesMiracle products at whatever retail price they choose.

  50. Sales tax. LifesMiracle collects and remits applicable state tax which may be due on the suggested selling price of those products and/or materials which are subject to tax. The applicable rate of tax due is based on the address to which the product and/or materials is shipped. Members who request a tax-exempt purchase for resale from LifesMiracle (not permitted in all states) must provide the Company with a copy of their valid and current resale exemption certificate showing a resale tax number. This number must appear on all orders placed with LifesMiracle. The member must then collect the tax from his/her retail customer and remit it to the proper state and local taxing authority. All members must pay tax to the Company on their personal purchases made for personal use and consumption. As a member you agree to abide by the rules and procedures as set forth in the sales tax collection agreements that the Company may enter into with the various states and local jurisdictions.

  51. Price changes. All LifesMiracle product and literature prices are subject to change without notice.

  52. Retail customer returns. LifesMiracle offers a 100% unconditional money-back guarantee on products sold to all retail customers. Every LifesMiracle Member must honor this guarantee. If a retail customer is dissatisfied with any LifesMiracle product for any reason, then that retail customer may return that product to the member from or through whom it was purchased, or the Company, whichever is more convenient, within 30 days, for either a replacement or a full refund of the purchase price. LifesMiracle will replace the returned product providing the following steps and conditions are met:

    1. The product is returned to LifesMiracle or through the member through whom the purchase was made.
    2. The product must be received by LifesMiracle within ten days of the return date to the member.
    3. The return package includes the following:
      1. A signed statement from the retail customer identifying the reason for the return,
      2. A copy of the original retail sales receipt, and
      3. The unused portion of the product in its original container.
      4. The name, address, and telephone number of the retail customer.

    4. Proper shipping carton(s) and packing materials are to be used in packaging the product(s) being returned for replacement, and the most economical means of shipping is recommended.
    5. This retail customer return policy does not apply to products purchased by Distributors/Members for their personal use. A Distributor/Member wishing to return product does so by resigning, and is subject to Paragraph 57, below. LifesMiracle will not refund to any member, the purchase price of any retail customer returns and no replacement of product will be made if the conditions of this Rule are not met.

  53. Quality control. LifesMiracle will replace, within 30 days of purchase, any product found to be defective. However, no product should be returned to LifesMiracle before prior approval is received. Strict compliance with the following is required:

    1. A written replacement request must be submitted, stating the reason for the request and accompanied by proof of payment and a copy of the purchase order form or packing slip.
    2. LifesMiracle will instruct the member where to ship the product for inventory and verification, and will also provide the appropriate quantity of authorized product return shipping labels. Upon receipt and verification of the product, LifesMiracle will ship replacement product as appropriate. NOTE: Any return received without prior approval will cause the status of that member to be made "inactive." Further, there is no assurance that the product will be considered replaceable.

  54. Termination returns. If a terminating member has purchased products for inventory purposes or mandatory sales aides while the member agreement was in effect, all unencumbered products and sales aids in a resalable condition then in possession of the member, which have been purchased within 12 months of cancellation, may be tendered for repurchase. The repurchase shall be at a price of not less than 90 percent of the original net cost to the member. In addition, the Company will honor statutory buyback requirements of every jurisdiction, including the requirements of fee refunds.

    1. A written return request must be submitted, and accompanied by proof of payment and a copy of the purchase order.
    2. LifesMiracle will instruct the Member where to ship the product for inventory and verification. Upon receipt and inspection of the return, LifesMiracle will process the appropriate refund for payment.
    3. Member must pay the cost of return freight.
    4. Commissions paid, as a result of products being returned, are reversible to both the person tendering the return, and uplines. NOTE: Product or sales materials not in resalable condition will be returned to Member at the Member's cost.

  55. Buyer's right to cancel. Federal law empowers a buyer to cancel certain sales without penalty prior to midnight of the third business day after the transaction. This rule covers retail consumer sales of $25 or more that occur away from the seller's main office. The LifesMiracle Sales Order form contains all legally required notices. It must be signed by the buyer and two copies must be given to the buyer on every sale. In addition, the Member must orally inform the buyer of the three-day right to cancel at the time the buyer signs the contract of sale or purchases the goods. With regard to products, in all cases where the customer, at his or her sole discretion, deems the Retail Customer Returns policy, stated above, more favorable, that policy shall apply and override this policy.

  56. Member's responsibility. If a retail customer mails or delivers to a Member a valid notice of cancellation prior to midnight on the third business day after ordering or purchasing the program, service, and/or product, it must be honored by the Member. If the buyer has taken delivery of any goods, they must be returned with the notice in substantially as good condition as when delivered. With regard to services, the shrink-wrapped materials describing and explaining the services must be returned unopened. Within ten business days after receiving the notice, the Member must refund all payments made under the contract of sale.

  57. Liability. To the extent permitted by law, LifesMiracle shall not be liable for and Member releases LifesMiracle from, and waives all claims for any loss of profits, direct or indirect, special or consequential damages or any other loss incurred or suffered by Member as a result of:

    1. the breach by Member of this Agreement,
    2. the operation of Member's business,
    3. any incorrect or wrong data or information provided by Member, or
    4. the failure to provide any information or data necessary for LifesMiracle to operate its business, including without limitation, the enrollment and acceptance of Member into the income opportunity or the payment of commissions and bonuses.

  58. Record-keeping LifesMiracle encourages all its Members to keep complete and accurate records of all their business dealings. A recommended publication is the Retail Industry ATG - Chapter 3 - Examination Techniques for Specific Industries (Direct Sellers), available from the IRS web site.

  59. Income claims. No income claims, representations, or projections may be made to prospective Members. Obviously, any false, deceptive or misleading claims regarding the opportunity or product/service are prohibited. Members occasionally represent hypothetical income figures based upon the power of network marketing as actual income projections. This is counter-productive, and prohibited, since new Members may be quickly disappointed if their results are not as rapid as the hypothetical model.

  60. Governmental endorsement. Federal and state regulatory agencies do not approve or endorse direct selling programs. Therefore, Members may not represent or imply, directly or indirectly, that the LifesMiracle program has been approved or endorsed by any governmental agency.

  61. Amendments. LifesMiracle reserves the right to amend this Agreement, its prices, product availability, and compensation plan as it deems appropriate. Amendments will be communicated to all Members through LifesMiracle publications. Amendments are effective and binding on all Members as of the date of their publication.

  62. Non-waiver provision. No failure of LifesMiracle to exercise any power under this Agreement or to insist upon strict compliance by a Member with any obligation or provision herein, and no custom or practice of the parties at variance with this Agreement, shall constitute a waiver of the Company's right to demand exact compliance with this Agreement. Waiver by the Company can only be made in writing by an authorized officer of the Company. The Company's waiver of any particular default by a Member shall not affect or impair the Company's rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Member.

  63. Severability. If any provision of this Agreement, including these rules and regulations, or any specification or operating procedure which LifesMiracle has prescribed is held to be invalid or unenforceable under law or rule of any applicable jurisdiction, LifesMiracle shall have the right to modify the invalid or unenforceable provision to the extent necessary to render it valid and enforceable. The Member shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.

  64. Jurisdiction. All disputes and claims relating to this Agreement, the LifesMiracle compensation plan, its products, the rights and obligations of a Member and LifesMiracle, or any other claims or causes of action relating to the performance of this Agreement by either party, shall be governed by the laws of Texas, or such other location as LifesMiracle prescribes. Louisiana residents only: In the event of a dispute for jurisdictional purposes, a Louisiana resident Member shall be entitled to file an adjudicatory claim or lawsuit in the jurisdiction of Louisiana and the governing law shall be Louisiana law.

  65. Limitation of damages. To the extent permitted by law, LifesMiracle and its affiliates, officers, directors, employees, and other representatives shall not be liable for, and the Member hereby releases the foregoing from and waives any claim for loss of profit, incidental, special, consequential, or exemplary damages which may arise out of any claim whatsoever relating to LifesMiracle's performance, non-performance, act, or omission with respect to the business relationship or other matters between the Member and LifesMiracle whether sounding in contract, tort, or strict liability. Furthermore, it is agreed that any damage to the Member shall not exceed, and is hereby expressly limited to, the amount of unsold LifesMiracle products and services owned or held by the Member and commissions owing.