Terms and Conditions

Website Terms and Conditions

This website is operated by Baxstar Industries® a Operation Honeybee corporation (“Baxstar Industries®”). All inquiries may be directed to:

Baxstar Industries®
(800) 385-4243
info@baxstar.co

Your use of this website is based on these terms and conditions – please take a few minutes to review them. Your use of the baxstar.co website represents your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use our website. For A2B’s or affiliate or partners partnered with Baxstar Industries please refer to separate Policy Terms located at the bottom of our website Terms and Conditions.

TERMS AND CONDITIONS MAY CHANGE

Baxstar Industries® has the right to update or modify these terms and conditions at any time without prior notice. Your use of the website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website.

We try to ensure that the information posted on our website is correct and up-to-date. Although we take every measure to ensure the website is up-to-date, we do not guarantee the correctness, thoroughness or completeness of any of the information available on the website and will not be held liable for any inaccuracy or omission concerning any of the information.

PRODUCT INFORMATION

Baxstar Industries® sells products exclusively through licensees, affiliates, ambassadors, partners and authorized retailers within the United States and through this website. For questions regarding our products, please contact info@baxstar.co

Warning! Any purchase from other companies (other than Authorized Retailers) or websites is made entirely at the risk of the purchaser, particularly with regard to the authenticity and any warranties of such items.

MEDICAL DISCLAIMER

NO INFORMATION ON THIS SITE SHOULD BE USED TO DIAGNOSE, TREAT, PREVENT, OR CURE ANY DISEASE ILLNESS OR CONDITION.

You acknowledge that if you do have a serious or life threatening health concern, pacemaker, or any other health related issue to call your doctor before agreeing to purchasing any product.

The user of this site encourages you to consult a doctor before making any health changes, especially any changes related to a specific diagnosis or condition. No information on this site should be relied upon to determine diet, make a medical diagnosis, or determine treatment for a medical condition. The information on this website is not intended to replace a one-on-one relationship with a qualified health care professional and is not intended as medical advice.

Some information and resources found on baxstar.co are based on the opinions, testimonials, and views of the customers unless otherwise noted.

COPYRIGHT NOTICE

All of the Content you see and hear on this website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Baxstar Industries® or its subsidiaries. Baxstar Industries® is a registered trademark of Baxstar Industries®. The entire Content of this website is copyrighted as a collective work under U.S. copyright laws.

The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of the website. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Baxstar Industries® reserves the complete title and full intellectual property rights in any Content you download from this website.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Baxstar Industries®.

If you know of, or suspect copyright or trademark infringement please send a notice to info@baxstar.co.

1. SITE USE GENERALLY

1.1. Your User License

You are granted a limited, nonexclusive, nontransferable license to access the Site and its content in accordance with these Terms. If you are under 18, you may use our Site only with the involvement of a parent or guardian. Our Site is hosted in the United States and contains information that is appropriate for access and use in the U.S., Canada, Puerto Rico, U.S. Virgin Islands, Guam, Pacific Islands of American Samoa, Federal States of Micronesia, Marshall, Northern Mariana, Palau, Wake, and the Atlantic and Caribbean Islands operating under the Baxstar Industries® Global Partnership (“Applicable Markets“). We make no representation that any materials on the Site are appropriate or available for use outside the Applicable Markets, and accessing them from territories where their contents are illegal is prohibited. Any references on the Site to specific products or services are applicable only to those available in the Applicable Markets, and any product claims and comparisons to other products on the Site apply within the Applicable Markets only. Those who access this Site from other locations do so according to their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside.

We reserve the right to refuse service and/or access to the Site in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or the Baxstar Industries Rules of Conduct, is strictly prohibited.

1.2. Limitations on Your Use

No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, without Baxstar Industries’s prior written permission. You may not, without Baxstar Industries’s prior written permission, frame or mirror any material contained on this Site on any other server or website. The unauthorized use of any such material on any other website or computer environment is expressly prohibited. All intellectual property, including any trademarks, service marks, trade names, trade dress, and copyrighted materials are proprietary to Baxstar Industries or its licensors.

1.3. Privacy and Your Personal Information

Your use of our Site is also subject to the terms of Baxstar Industries’s Privacy Policy. You acknowledge that you have read and understand our Privacy Policy, and consent to the use of any personal information you provide in accordance with the terms of, and for the purpose set forth in, our Privacy Policy.

1.4. Site Identifiers

It is your responsibility to safeguard the password you use to access the Site, and to promptly advise Baxstar Industries if you ever suspect that your password has been compromised. We strongly encourage you to change your password regularly, and to not share your password with anyone not authorized to act on your behalf to prevent unauthorized access. Because your identification number and password are specific to you, you acknowledge sole responsibility for any and all use of our Site conducted with your identification number and password.

1.5. Links to Other Websites

This Site and the Baxstar Industries powered websites to which this Site links may contain links to other websites for your information and convenience, or to provide additional shopping for various other goods and services through our Merchant and Services Partners. These third-party websites are responsible for, and undertake to maintain, their own site terms of use. We suggest that you carefully review the terms of use of each site you choose to access from our Sites.

1.6. Intellectual Property Rights

1.6.1. Copyright. The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. Baxstar Industries maintains ownership of the copyrights to and/or has the right to use and post all content it posts to the Site, and the posting of any such elements on the Site does not constitute a waiver of any right in such content. You do not acquire ownership rights to any such elements viewed and/or downloaded through the Site. Except as otherwise provided herein, none of the content accessible on the Site may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without Baxstar Industries’s prior written permission.

1.6.2. Trademark. The Baxstar Industries® & A2B® word mark, the Baxstar Industries® logo, and all Baxstar Industries® product names, company names, and all other trademarks and logos, unless otherwise noted, are trademarks and/or trade dress of JRB Enterprise Group Inc. in the United States, or its affiliates or other companies under common ownership or control or their licensors (the “Marks”). The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.

1.6.3. Patents
Please note that U.S. Patent 6,332,855 may apply to portions of this website. One or more other patents may also apply to this website, including without limitation: U.S. Patent 9,691,516.


1.7. Termination
These Terms are effective until terminated by JRB Enterprise Group Inc. Your rights under these Terms will terminate automatically if you fail to comply with any of its terms.




SUBMISSIONS/TESTIMONIALS

We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to baxstar.co shall be and remain the exclusive property of Baxstar Industries®. Your submission of any such Comments shall constitute an assignment to Baxstar Industries® of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Baxstar Industries® will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

If you submit to us a testimonial, including, without limitation, testimonials about our products or services, such submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a testimonial to use, you: (i) represent and warrant that the testimonial is original to you, that no other party has any rights thereto, and that any “moral rights” in such testimonial have been waived, and (ii) you grant us a royalty-free, unrestricted, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such testimonial (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name. All testimonials found on this website are for the exclusive use of Baxstar Industries® and are not to be reproduced or copied in any way.

2. CONTENT POSTED BY USERS

2.1. Content

2.1.1. All information, data, text, software, music, sound, photographs, graphics, video, messages, products, services, and other materials posted to the Site by users, including you (“Content”), are the sole responsibility of the person by whom the Content was posted. This means that you, and not us, are solely responsible for all Content that you upload, post, transmit, or otherwise make available through or on the Site. You are also solely responsible for all Content posted under your user account. You represent and warrant that (i) you own or otherwise control all of the rights in and to the Content that you post; (ii) that the Content is accurate; (iii) use of the Content you supply does not violate these Terms; (iv) the Content does not infringe, violate, or interfere with any intellectual property or other rights of any third party and does not violate any applicable law or regulation; and (v) the Content will not cause injury of any kind to any person or entity.

2.1.2. Should Content be deemed illegal, we will cooperate with the proper authorities, including but not limited to submitting all necessary information to them.

2.1.3. If we determine, in our sole discretion, that any Content submitted by you is offensive or inappropriate, we may remove it immediately or ask you to retract or modify the Content in question. If you fail to meet our request within the time specified, we and/or our designees may, at our sole discretion remove the Content from the Site. We have no obligation, however, to restrict or monitor Content in any way.

2.1.4. You may see or read things that you do not like or agree with on our Site. You understand that by using our Site, you may be exposed to Content that is offensive, indecent, or objectionable.

2.1.5. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available through the Site.

2.1.6. We do not control the Content posted on or through the Site and, therefore, we do not guarantee the accuracy, integrity, or quality of such Content. You are solely responsible for any use or reliance on the Content, including on its accuracy, completeness, or usefulness.

2.1.7. You acknowledge that we are under no obligation to pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available through our Site. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms or any other Baxstar Industries applicable policy, including the Baxstar Industries Rules of Conduct, or is otherwise objectionable, in our sole discretion.

2.1.8. Any material, information, or idea you submit to us or the Site by any means may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. We have no obligation to keep any submissions confidential, return any materials that you submit to us, or compensate you for the use of any such materials under any circumstances. You hereby irrevocably waive any and all claims based on our use of any materials, ideas, or information that you submit to us.

2.1.9. We reserve the right to monitor some, all, or none of the areas of the Site for adherence to these Terms. You acknowledge that by providing you with the ability to post information on the Site, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on the Site.

2.2. Content License. We do not claim ownership of the Content you upload, place, or post through the Site. You are responsible for protecting your rights in such Content and are not entitled to our help in protecting such Content. By uploading, placing, or posting Content through the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable license, under all intellectual property and other rights, including, without limitation, privacy and publicity, to use, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display, transmit, exploit, create derivative works from the Content (in whole or in part), and incorporate such Content into other works in any format or medium now known or later developed, for any purpose associated with the Site. You grant us and our sub-licensees the right to use the name that you submit in connection with such Content, if we choose. You hereby irrevocably waive any claims based on “moral rights” and similar theories, if any. Please note, however, that certain activities (e.g., contests) that involve the submission of Content by you may have terms applicable to your Content that differ from those stated above. In the event such terms differ with these terms, such terms will govern and have precedence over these terms with respect to your Content.




DISCLAIMERS

This website is operated by Baxstar Industries® on an “as is,” “as available” basis, without representations or warranties of any kind. To the full extent permitted by law, Baxstar Industries® International Inc, Baxstar Industries® Management, Inc. and its subsidiaries (collective, “Baxstar Industries®” disclaim any and all representations and warranties with respect to this website and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use.

Without limiting the foregoing, Baxstar Industries® does not represent or warranty that the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error.

Without limiting the foregoing, Baxstar Industries® disclaims any liability as to the accuracy or completeness of each item description.

Baxstar Industries® does not endorse nor make any warranties or representations about the options or other service or data you may access, download or use as a result of the use of the information contained on this website, or about any website you may access through this site. Links to other site are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.

Baxstar Industries® makes no representation that content provided on this website is applicable or appropriate for use in locations outside of the United States.

Baxstar Industries® assumes no risk or responsibility for your use or any of the content provided on this website.

3. YOUR CONDUCT

3.1. Your Authorization to Use the Site.

Your authorization to use the Site and contribute to it depends on your compliance with community standards and the conduct guidelines set forth below. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of the Site and/or take other appropriate measures to enforce these Terms and community standards and conduct guidelines.

3.2. Conduct Guidelines/Community Standards.

The following is a non-inclusive list of behaviors that are not permitted on the Site. During your use of the Site, you hereby agree not to:

3.2.1. upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;

3.2.2. harm minors in any way;

3.2.3. impersonate any person or entity, including, but not limited to, any of our members, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3.2.4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted, transmitted, or otherwise made available through the Site;

3.2.5. upload, post, or otherwise transmit any Content that you do not have a right to upload, post or otherwise transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

3.2.6. upload, post, or otherwise transmit any Content or otherwise engage in any activity that infringes, violates, or interferes with any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

3.2.7. upload, post, or otherwise transmit unsolicited commercial email or “spam.” This includes unethical marketing, advertising, “chain letters,” or any other practice that could in any way be construed as “spam,” such as, but not limited to, (a) sending mass email to recipients who have not requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;

3.2.8. upload, post, or otherwise transmit any material that contains software viruses, Trojan horses, malware or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept messages sent from a computer or communications device;

3.2.9. interfere with or disrupt the Site, servers, or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

3.2.10. intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

3.2.11. “stalk” or otherwise harass another;

3.2.12. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;

3.2.13. offer for sale or sell any item, good, or service through the Site;

3.2.14. use the Site as a forwarding service to another website;

3.2.15. allow usage by others in such a way as to violate these Terms or any other applicable Baxstar Industries policy;

3.2.16. take any steps to interfere with or in any manner compromise any of our security measures;

3.2.17. use the Site for fraudulent purposes;

3.2.18. harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;

3.2.19. sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, or password, including, without limitation, on or through the use of any third-party website or service;

3.2.20. copy the Site or any portion thereof;

3.2.21. remove any proprietary notices from the Site;

3.2.22. cause, permit, or authorize the modification, creation of derivative works, or translation of the Site without our express permission;

3.2.23. sell, assign, rent, lease, act as a service bureau, or grant rights in the Site including, without limitation, through sublicense, to any other person or entity;

3.2.24. attempt to decompile, reverse engineer, disassemble, modify, or hack the Site or to defeat or overcome any encryption and/or digital rights management technology implemented by us with respect to the Site and/or data transmitted, processed, or stored by us or the Site;

3.2.25. use the Site in any manner not permitted by this policy, or otherwise exceed the scope of our services that you have signed up for (i.e., by accessing and using the tools that you do not have a right to use).

4. SITE WARRANTY DISCLAIMER

OUR SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE.

LIMITATION OF LIABILITY

Under no circumstances, shall Baxstar Industries® or any of their employees, directors, officers, agents, vendors or suppliers by liable for any direct or indirect losses or damages arising out of or in connection with the use or inability to use this website.

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortuous action, even if an authorized representative of Baxstar Industries® has been advised of or should have known of the possibility of such damages.

If you are dissatisfied with this website or any content on the site, of with their terms and conditions, you may discontinue using the website. You acknowledge, by your use of this website, that your use of the site is at your own risk.

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Baxstar Industries® under such circumstances for liabilities that otherwise would have been limited shall not exceed one dollar ($1).

5. LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE (OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE), OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. CONFIDENTIALITY

For “Partners” - licensees, affiliates, ambassadors, partners and authorized retailers with a business powered by Baxstar Industries, your user license includes a revocable right to access and use certain trade secret, confidential, and proprietary business information, which includes, without limitation, confidential information, i.e., information compiled by Baxstar Industries that discloses or relates to all or part of the specific arrangement of partnership within the Baxstar Industries Entrepreneur Guide , including, without limitation, Baxstar Industries lists, commission structure, and all Baxstar Industries contact and business performance information generated therefrom (Proprietary Information), which may be made available to you on the Site. You acknowledge that Baxstar Industries is the exclusive owner of all Proprietary Information and agree to maintain all Proprietary Information in strictest confidence and to use it only as authorized by Baxstar Industries. You agree not to compile, organize access, create lists of, or otherwise use Proprietary Information except as authorized by Baxstar Industries under the Baxstar Industries Rules of Conduct and the regulations and procedures outlined in the Baxstar Industries Entrepreneur Guide, as amended.

7. GENERAL TERMS

7.1. Errors and Corrections

While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the “Contact Us” section, below, and we will verify it for you.

7.2. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Florida, USA, without giving effect to conflict of law principles. Any controversy or dispute arising out of your use of our Site shall be submitted, and you irrevocably consent, to the personal jurisdiction of any state or federal court located in, or whose district includes, Orange County, Florida, USA. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions.

7.3. Changes to These Terms

We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on our Site and are effective immediately. The date of the newest version is posted below. Please check back frequently, especially before you use our Site, to see if these Terms have changed. Continued use of the Site after any changes to the Terms constitutes your consent to such changes.

7.4. Contact Us

If you have any concerns about the Site or these Terms, please send us an e-mail or call us at the below number: We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
Contact us
Baxstar Industries®
(800) 385-4243
info@baxstar.co


7.5. Notice and Procedure for Making Claims of Intellectual Property Infringement

Baxstar Industries respects the intellectual property rights of others and expects its users to do the same. Baxstar Industries may remove content that in its sole discretion appears to infringe the rights of others. If you believe that any content posted on the Site infringes your intellectual property rights, please notify Baxstar Industries’s Intellectual Property Agent pursuant to the following instructions:

Notifications of claimed infringement should be sent to the following
Baxstar Industries®
(800) 385-4243
admin@baxstar.co



To be effective, the notification must be a written communication to the above Designated Agent that includes the following:

1. A physical or electronic signature of the intellectual property rights owner or one authorized to act upon their behalf;

2. Identification of the right claimed to have been infringed, or, if multiple rights at a single online site are covered by a single notification, a list of the multiple rights that have been infringed at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Baxstar Industries to locate and remove the material;

4. Information enabling Baxstar Industries to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

ENFORCEMENT OF TERMS AND CONDITIONS

By accessing and using this website, you agree that your access to and use of this website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of Florida, United States of America.













A2B’s Affiliate or Partners Policy Terms

Affiliates, Ambassadors, Partners, and Retail Partner Programs.

MEDICAL DISCLAIMER

NO INFORMATION ON THIS SITE SHOULD BE USED TO DIAGNOSE, TREAT, PREVENT, OR CURE ANY DISEASE ILLNESS OR CONDITION.

You acknowledge that if you do have a serious or life threatening health concern, pacemaker, or any other health related issue to call your doctor before agreeing to purchasing any product.

The user of this site encourages you to consult a doctor before making any health changes, especially any changes related to a specific diagnosis or condition. No information on this site should be relied upon to determine diet, make a medical diagnosis, or determine treatment for a medical condition. The information on this website is not intended to replace a one-on-one relationship with a qualified health care professional and is not intended as medical advice.

Some information and resources found on baxstar.co are based on the opinions, testimonials, and views of the customers unless otherwise noted.

Affiliate, Ambassador, Partner, and Distributor Disclaimer

As a Partner, you agree to not use any unapproved medical language to sell, educate, or inform the public or private. As a Partner, you agree to not use any unapproved language, found in our Medical Disclaimer above in any podcast, video, advertising, marketing, written or verbally to customers, or even on social media. Baxstar Industries will not be liable for language or behavior that is not consistent with our brand Baxstar Industries. That you could be liable for the failure to comply with these terms and condition along with state and goverments.

1. INTRODUCTION

The Rules of Conduct ("Rules") form an important part of the contract between Baxstar Industries and the A2B (the "A2B Contractor"). The Rules of Conduct have been carefully developed.

A2Bs own and operate their own Home Based Businesses ("HBB"). Baxstar Industries recognizes the value of the contributions that A2Bs who have achieved business goals can make to the development of other A2Bs whom they sponsor and support under the Rules. As A2Bs develop into established leaders, they play an increasingly important role in mentoring, teaching and training other A2Bs about the Baxstar Industries HBB business. Among other things, the Rules are designed to ensure that all A2Bs have the support that they need to continue to develop their HBB with Baxstar Industries.

Under the A2B Contract, A2Bs receive substantial benefits, including: the right to purchase products through Baxstar Industries at A2B cost for resale; the right to sponsor others to become A2Bs and sell products offered at www.baxstar.co; the right to qualify for bonuses under the Baxstar Industries A2B Compensation & Bonus Plan ("Plan"); use of Baxstar Industries’s intellectual property in accordance with the Rules; and a variety of support for A2Bs and their Customers. As part of its commitment to support the opportunity made available to A2Bs, Baxstar Industries invests substantial resources in goodwill, in the (EP) Entrepreneur Program to provide Baxstar Industries and A2Bs with a competitive advantage. All A2Bs and Baxstar Industries share a competitive business interest in maintaining and protecting these assets and interests. The Rules provide important safeguards for A2Bs and Baxstar Industries in this regard, as well as contractual rights and obligations.

1.1. Contractual Relationship: JRB Enterprise Group Inc. and or ("Baxstar Industries") has a contract with each A2B that includes all of the terms in the A2B Registration Agreement form executed by the A2B, the renewal form(s) executed or authorized by the A2B, the Plan and the Rules in effect at the time the A2B executed the A2B Registration Agreement, and any Entity Agreement for Home Based Business (A2Bs) ("Entity Agreement") or modifications to the Plan or Rules that become effective during the term of the contract (the "A2B Contract"). The current version of the Plan and Rules can be found at www.baxstar.co/policyterms.

As part of the A2B Contract, A2Bs have an obligation to comply with the Rules.

1.2. Choice of Law: Except to the extent that the Federal Arbitration Act applies to Rule 11, the formation, construction, interpretation, and enforceability of the A2B Contract, and all claims arising from or relating to the A2B Contract, shall be governed by Florida law, without giving effect to any choice of law or conflicts of law rules or provisions (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida. The place where the A2B Contract is made is Florida.

1.3. Confidentiality: Definition of Confidentiality. As used in this Agreement, "Confidential Information" refers to any information which has commercial value and is either (i) technical information, including patents, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, softwareprograms, software source documents, and formulae related to the current, future and proposed products and services of Company orof any clients of Company, or (ii) non-technical information relating to Company's or Company’s clients’ products, including without limitation pricing, margins, merchandising plans and strategies, finances, financial and accounting data and information, software,suppliers, customers, customer lists, purchasing data, sales and marketing plans, future business plans and any other information whichis proprietary and confidential to Company or Company’s clients and/or Recipient or Recipient’s agents.

1.4. Non-Disclosure, Non Compete, and Nonuse Obligations:

All parties will maintain in confidence and will not disclose, disseminate or use any Confidential Information belonging to another party or their clients and/or agents, whether or not in written form, for a period of 3 years from the date of this document. All parties agree that each shall treat all Confidential Information of each other with at least the same degree of care as each party accords its own confidential information. Each party further represents that they exercise at least reasonable care to protect their own confidential information. If either party is not an individual, they agree that they shall disclose Confidential Information only to those of its employees, business associates, partner program who need to know such information, and certify that such employees and business associates have previously signed a copy of this Agreement.

1.5. Severability: If an arbitrator or court of competent jurisdiction determines any portion of the Rules of Conduct is unenforceable in any respect, then it shall enforce the rest of the Rules of Conduct to the fullest extent permitted by law without affecting the enforceability of all remaining Rules of Conduct.


2. DEFINITIONS

2.1. Baxstar Industries A2B Compensation Plan or Bonus (or Plan) means the business arrangement through which A2Bs receive certain income or other compensation as described in Section A of the Business Guide.

2.2. Copyrighted Works means works protectable by copyrights that are owned by, created by or licensed to Baxstar Industries.

2.3. Customer means a non-A2B who is an end user of products and services offered through or by Baxstar Industries.

2.4. Home Based Business (HBB) means an Baxstar Industries Home Based Business operated by an A2B(s) pursuant to the A2B Contract.

2.5. Home Based Business Owner (A2B) means an individual(s) or entity operating an HBB pursuant to the A2B Contract.

2.6. A2B Board shall refer to the Baxstar Industries Mediators or third parties.

2.7. Entrepreneur Program (EP) means the structural arrangement of A2Bs established by the contractual relationship that each A2B has with Baxstar Industries.

2.8. EP Information includes all information that describes or relates to all or part of the Entrepreneur Program, including but not limited to A2B numbers and other A2B business identification data, A2B personal contact information, A2B business performance information, and all information generated or derived therefrom, in its past, present or future forms.

2.9. Marks means the trademarks, service marks, trade dress and trade names adopted or used by Baxstar Industries and/or otherwise the subject of pending or existing trademark rights owned by or licensed to Baxstar Industries, regardless of whether the trademarks, service marks, trade dress or trade names are the subject of trademark applications or registrations.

2.10. Prospect means a prospective A2B.

2.11. Region means the United States operating under the Plan.

2.12. Use means: (a) with reference to Marks, directly or indirectly placing, affixing or displaying one or more Marks on or in connection with goods or services, in a manner that tends to create the impression of an affiliation, connection, or association between Baxstar Industries and the A2B or Approved Provider; and (b) with reference to Copyrighted Works, to reproduce, distribute and/or display copies of the Copyrighted Works, in whole or in part, including by means of digital audio transmissions, and to create any derivative works.




3. BECOMING AN A2B

3.1. Registration Agreement: To become an authorized A2B capable of merchandising products and services offered through or by Baxstar Industries and registering other A2Bs, an applicant must be 18 years of age, complete and sign the A2B Registration Agreement, and purchase specific mattresses for the specified program in the A2B Registration Agreement. An A2B Registration Agreement may be completed and signed. The applicant may complete, sign and submit an electronic version of the A2B Registration Agreement in accordance with the procedures on the Baxstar Industries website only.

3.2. Acceptance or Rejection of A2B Registration Agreement: Baxstar Industries reserves the right to accept or reject any A2B Registration Agreement. A registration shall be considered accepted by Baxstar Industries when it receives a completed and signed A2B Registration Agreement in accordance with Rule 3.1, its contents are verified with Baxstar Industries’s A2B records database, and the registration does not violate any Rule of Conduct. Pending receipt of a completed, signed A2B Registration Agreement, Baxstar Industries may temporarily authorize an A2B to conduct business subject to the Rules of Conduct for up to 90 days.

3.3. Legal Entities as A2Bs: HBB shall be formed initially by and in the name(s) of the individual applicant(s). After receiving an A2B number, an A2B who wishes to operate his/her HBB as a corporation, limited liability company (LLC), formal partnership, limited partnership, limited liability partnership (LLP) or trust must complete the appropriate Entity Agreement for Home Based Business Owners (A2Bs) and submit it to Baxstar Industries, which may accept or reject it. Existing A2Bs as of October 2019 that are operating through a legal entity under an existing Entity Agreement approved by Baxstar Industries may continue to operate under that agreement, but the A2B and entity must sign the currently applicable Entity Agreement upon request or in the event of a change in ownership or control in the entity.

3.4. Husband and Wife A2Bs: If both husband and wife wish to become A2Bs, they must register together as a single HBB. If one spouse is already an A2B, the other spouse, upon electing to become an A2B, must join his or her spouse’s HBB. An A2B will be held accountable for the actions of a spouse, whether or not the spouse is an A2B, so far as the Rules of Conduct are concerned.

3.5. Minors as Home Based Business Owners: Minors who are at least 16 years of age may become A2Bs only for the single purpose of merchandising products and services offered through or by Baxstar Industries. A minor who desires to become an A2B must: (a) obtain a parent’s or guardian’s signature on the A2B Registration Agreement; (b) be sponsored by or added to his or her parent’s or guardian’s HBB if the parent or guardian of the minor is an A2B; and (c) must not be a signatory in any HBB other than a parent’s or guardian’s HBB.

3.6. Term: The term of the A2B Contract shall expire at the end of each calendar year, with the exception of initial registrations accepted by Baxstar Industries between September 1 and December 31, in which case such initial term shall expire at the end of the subsequent calendar year.

3.7. Annual Renewal: In order to renew the A2B Contract, an A2B will automatically renew the A2B Contract, by December 31 of the year preceding the year for which the A2B is renewing. Documents and other information must be submitted for tax and accounting purposes for each new year. Baxstar Industries reserves the right to reject any renewal request, or revoke any A2B’s renewal agreement, if the A2B is not in compliance with all provisions of the A2B Contract.

3.8. Late Renewal: In the event that Baxstar Industries accepts an A2B’s renewal agreement that was not filed in compliance with Rule 3.7, Baxstar Industries is not required to restore that A2B’s sponsoring relationship(s) with commission bonus A2Bs.

3.9. A2B Contract Termination: An A2B may terminate his or her A2B Contract at any time prior to expiration by written communication to the Baxstar Industries Business Conduct and Rules Department. A person who terminates his or her A2B Contract may immediately become a Customer.

3.10. Death and Inheritance: An HBB can be passed on to a deceased A2B’s spouse, heirs, or other beneficiary.

3.10.1. In cases where the HBB is owned jointly, such as a husband and wife or partnership, and one spouse or partner dies, unless they have previously arranged otherwise, Baxstar Industries will recognize the surviving spouse or partner(s) as the owner(s) of the HBB. The survivor(s) must forward a certified copy of the death certificate in order for Baxstar Industries to change its records.

3.10.2. In cases where the HBB is operated as an entity under Rule 3.3, and one of the owners of the entity dies, the entity will continue to operate the HBB, provided the entity remains in compliance with Rule 3.3 and the successor of the deceased owner is an A2B in full compliance with the Rules. The entity shall notify Baxstar Industries of the change in ownership or control of the entity by submitting the currently applicable Entity Agreement reflecting the proposed changes, and any proposed changes in the ownership or control of the entity require the express approval of Baxstar Industries in writing.

3.10.3. In cases where an A2B disposes of an HBB in a will, Baxstar Industries will recognize the terms of the transfer, provided the beneficiary is an A2B who is in compliance with the Rules.

3.10.4. If there is no qualified A2B in a position to operate an HBB due to probate or other court procedures, Baxstar Industries will have the option of entering into a servicing agreement with another A2B, preferably a bonus in the EP, to manage the HBB until the proceedings are complete.




4. RESPONSHBBILITIES AND OBLIGATIONS

4.1. Duty of Good Faith: Under the terms of the A2B Contract, Baxstar Industries and all A2Bs agree to perform their obligations in accordance with the duty of good faith and fair dealing. An A2B will be held accountable for the actions of a partner, family member or third party acting or purporting to act on behalf of the A2B or HBB, so far as the Rules of Conduct are concerned. An A2B shall not aid and abet another A2B to violate the Rules of Conduct. A2Bs shall not conduct any activity that could jeopardize the reputation of Baxstar Industries or A2Bs.

4.2. Cross-Group Buying or Selling: No A2B shall engage in cross-group buying or selling. Cross-group buying and selling occurs when an A2B sells products and services offered through or by Baxstar Industries to another A2B, except (a) as may be permitted under a servicing agreement pursuant to Rule 5.5.4 or (b) when an A2B purchases from or through his or her backend system products and services offered through or by Baxstar Industries.

4.3. Unsolicited Electronic Messages: No A2B shall send, transmit, or otherwise communicate any unsolicited electronic messages relating to Baxstar Industries, its business opportunity, products or services to persons with whom the A2B does not have a pre-existing personal or business relationship. (This includes, but is not limited to, sending messages through newsgroups, purchased mailing lists, "safe lists," or other lists of individuals or entities with whom or which the A2B does not have a preexisting relationship.)

4.4. Advertising: A2Bs may advertise only with the express approval of Baxstar Industries in writing.

4.5. Retail Establishments: An A2B who works in or owns a retail establishment must operate his or her HBB separate from the retail establishment, unless you are an A2B of the Retail Partner or Partner Program. No A2B in the Affiliate or Ambassador Program shall permit products, services or literature offered through or by Baxstar Industries to be sold or displayed in retail establishments, including, but not limited to, places like schools, fairs, kiosks, vending machines, unauthorized internet websites, military stores, salons or professional offices. A2Bs must upgrade the Program requirements before moving forward.

4.5.1. Event Sales: The sale of authorized product categories by A2Bs are permitted only at temporary (no more than 10 days) events whose themes are consistent with the products being sold, and only with the express approval of Baxstar Industries in writing. To allow Baxstar Industries sufficient time to grant approval, the A2B must submit a completed Event Sales Application Form to Baxstar Industries 30 days prior to the event. A copy of the Event Sales Application form may be obtained at www.baxstar.co.

4.5.2. Display Booths: The display only (no sales) of products and approved literature by A2Bs is permitted only at temporary (no more than 10 days) events, and only with the express approval of Baxstar Industries in writing. To allow Baxstar Industries sufficient time to grant approval, the A2B must submit a completed Display Booth Application Form to Baxstar Industries 30 days prior to the event. A copy of the Display Booth Application form may be obtained at www.baxstar.co.

4.6. Statements About Products, Services, and the Opportunity: An A2B shall make only truthful and accurate statements about the A2B business opportunity, products and services offered through or by Baxstar Industries. A2Bs shall not make any claims about products or services offered through or by Baxstar Industries other than those claims found in Baxstar Industries authorized literature and at www.Baxstar Industries.com.

4.7. Repackaging: Products offered through or by Baxstar Industries are to be sold only in their original packages and in their original formulations. A2Bs may not repackage products or otherwise change or alter any of the packaging, labels or materials of products offered through or by Baxstar Industries.

4.8. Written Sales Receipt: An A2B Retail Partner who takes and/or delivers an order in person shall deliver to the customer at the time of sale a written and dated order or receipt which shall: (a) describe the product(s) sold; (b) state the price charged; (c) give the name, address, and telephone number of the selling A2B; and (d) will make not include Baxstar Industries’s Comfort Guarantee, 125 Day Trail, or Exchange Policy. As a A2B Retail Partner (d) is your responsibility.

4.9. 125 Day Trial & Satisfaction Guarantee: When a Customer requests Satisfaction Guarantee service within the stated guarantee period for a product purchased directly from an A2B, the A2B shall immediately offer the individual his or her choice of: (a) a full refund, minus the cost of original and return shipping along with merchant or financing fees; (b) an exchange for a like product; or (c) credit toward the purchase of another product of lower value (See current terms and conditions page on a list of products and return policy). If a product is shipped directly to the Customer by Baxstar Industries, the Customer should follow the return instructions on the packing slip. In the case of A2B purchases, only those that the A2B purchases at the Sale Price listed on the website will be offered the Satisfaction Guarantee. Whenever an A2B requests Satisfaction Guarantee service within the stated 125 Day Trial period, an A2B has the choice of a: (a) full refund, minus the cost of original and return shipping along with merchant or financing fees;; (b) exchange for the same or like product; or (c) credit toward the purchase of another product of lower value. The current Satisfaction Guarantee can be found at www.Baxstar Industries.com. (See current terms and conditions page on a list of products and return policy).

4.10. Buy-Back Rule: A2Bs leaving the Baxstar Industries business have a right to return Baxstar Industries products at the Retail Partner Price. A departing A2B may choose to sell new unopened inventory of currently marketable Baxstar Industries products to an A2B at a mutually agreeable price. If a departing A2B is unable to secure the buy-back of inventory through an A2B, Baxstar Industries shall repurchase the departing A2B’s unused currently marketable Baxstar Industries products subject to the following: (a) Baxstar Industries will charge freight costs incurred by the A2B leaving the Baxstar Industries business if the net reimbursement includes same, and a service charge equal to 10% of the A2B cost of the products being returned to cover handling and processing charges.

4.11. Other Returns: An A2B who is not leaving the Baxstar Industries business may ask Baxstar Industries to buy back Baxstar Industries products where he or she may be experiencing financial hardship or other exceptional circumstances as explained by the A2B. Return requests are reviewed on a case-by-case basis. Baxstar Industries reserves the right to repurchase only unused currently marketable Baxstar Industries products subject to Rule 4.9.

4.12. Seventy Percent Rule: In order for an A2B to receive Bonus or recognition due on all the products purchased, must have auto renewed and sell at least 1 mattress annually (12) months to Customers, not including friends or family consumption; if the A2B fails to meet this requirement, then such A2B may be paid a percentage of the Bonus measured by the amount of products that can be shown to have been actually sold, rather than the amount of bonus received for said year. For purposes of this Rule, a reasonable amount of products used for personal or family consumption or given out as samples can contribute to the 70% average.

4.13. Customer Volume: In order to obtain the right to earn a Commission during a given month, an A2B must: (a) make not less than one sale a year to Customers; or (b) have at least 1 sales to Customers. For purposes of obtaining the rights referred to in this Rule, sales must be to Customers who either: (a) place an order directly with Baxstar Industries; or (b) place an order with the A2B that the A2B reports to Baxstar Industries through a system established by Baxstar Industries for tracking such sales.

4.13.1. In producing proof of such sales, the A2B is not required to disclose the prices at which he or she made the Customer sales.

4.13.2. If such an A2B fails in any month to make a Bonus that month. It is the obligation of the A2B to ensure compliance by the official deadlines published by Baxstar Industries, January 1 of any given year thru Sept 23rd of any given year.

4.14. Compliance with Applicable Laws, Regulations, and Codes: A2Bs shall comply with all laws, regulations, and codes that apply to the operation of their HBB wherever said business may be conducted. A2Bs shall not directly or indirectly encourage, or aid and abet any person to violate any laws, regulations, codes, or term of the A2B Contract. No A2B may operate any illegal or unlawful business enterprise, or engage or participate in any deceptive, illegal or unlawful trade practices.

4.15. A2B Relationship: A2Bs are independent contractors. A2Bs shall not state or imply that they are employees, agents or legal representatives of Baxstar Industries, its affiliates, and/or other A2Bs. A2Bs shall not represent or imply, either directly or indirectly, that registration creates an employment relationship between themselves and the A2Bs whom they have sponsored or who have sponsored them.

4.16. Franchises and Territories: A2Bs shall not represent to anyone that there are franchises or exclusive territories available under the Plan.

4.17. Enticement to Change Position in the Entrepreneur Program: Under no circumstances shall an A2B, directly or indirectly, solicit, assist, attempt to induce, or encourage, another A2B to request a change in position in the Entrepreneur Program.

4.18. Exporting and Importing: A2Bs shall not export or import products or services offered through or by Baxstar Industries, or sell to others they have reason to believe will import or export such products or services, to or from the United States or its possessions or territories or any other country, regardless of whether or not Baxstar Industries or its affiliates have established operations or are doing business in that country. Nothing in this Rule prohibits A2Bs from personal use or resale within the Region in accordance with the A2B Contract.

4.19. Activity Outside The Region or Activity Outside The Market Where The A2B Is Registered: A2Bs who engage, directly or indirectly, in any activity related to the Baxstar Industries business in a jurisdiction outside of the Region must do so in a manner that complies with the letter and spirit of the applicable laws, regulations, rules, policies and procedures of the Baxstar Industries affiliate in that jurisdiction, regardless of whether they are registered A2Bs in that jurisdiction. Failure to do so shall be a breach of the A2B Contract.

4.20. Sound Business Practices: A2Bs shall operate their HBB in a financially responsible and solvent manner. Baxstar Industries reserves the right to offset bonus payments for amounts an A2B owes to Baxstar Industries. If an A2B or any member partner in his or her HBB files a petition for bankruptcy or has bankruptcy proceedings commenced against him or her, or has any assets seized by court order or taken in execution of an unsatisfied judgment debt, the A2B must immediately inform Baxstar Industries.

4.21. Fund-raising: No A2B shall use Baxstar Industries products or services in conjunction with any type of fund-raising activity. Fund-raising includes the solicitation for the donation of funds or for the purchase of Baxstar Industries products or services based on the representation that all, or some, of the gains, proceeds, donations, bonuses, or profits generated by such sale will benefit a particular group, organization, or cause.

4.22. A2B Plan Manipulation: A2Bs shall not manipulate the Plan, Cash Rewards (CR) or Bonus Volume (BV), in any way which results in the payment of bonuses or other awards and recognition that have not been earned in accordance with the terms of the A2B Contract.

4.23. Personal/Business Information Update: All A2Bs are responsible for communicating any updates or changes to their personal information (e.g., name, address, email address and telephone numbers, etc.) or business information (e.g., business name, address, email address, telephone numbers, addition/deletion of partner, change of business status, etc.) to Baxstar Industries.

4.24. Baxstar Industries Contact: When the Rules require an A2B to contact Baxstar Industries for notice, permission or approval, the A2B shall contact the Baxstar Industries Business Conduct and Rules Department.

Baxstar Industries®
(800) 385-4243
info@baxstar.co.

5. PRESENTATION OF THE PLAN, SPONSORING AND SUPPORT

5.1. Inviting: When inviting a Customer or Prospect to hear a presentation of the Plan, an A2B must make it clear that what is being described or offered is the Plan, to the Customer.

5.2. Describing the Plan: When describing the Plan: (a) an A2B’s statements must be truthful, accurate and not misleading; (b) the roles of a balanced business (retail sales, personal use and sponsoring) must be accurately described; and (c) all income representations must be limited to income from the Plan, based on actual experience or from Baxstar Industries-authorized materials, and provide realistic income potential.

5.3. Required Disclosures: In seeking participation of a Prospect in the Plan, an A2B:

5.3.1. Must give each Prospect a copy of a brochure authorized by Baxstar Industries for use with Prospects that contains the average profits, earnings, and sales figures and percentages as published by Baxstar Industries, and orally inform the Prospect that the brochure contains the average profits, earnings, and sales figures and percentages as published by Baxstar Industries. Or get the Prospect to sign up using Prospects email to get more information on the Plan.

5.3.2. Must use only Baxstar Industries-authorized materials or Training Materials authorized for use with Prospects under Rule 7 (Business Support Materials).

5.4. Prohibited Sponsoring Practices: In seeking participation of a Prospect in the Plan, an A2B:

5.4.1. Must not cite lifestyle examples, e.g., travel, automobile, homes of successful A2Bs, and contributions to charitable causes, unless such benefits were actually accrued as the result of building a successful HBB.

5.4.2. Must not say or imply that a successful HBB can be built in the form of a wholesale buying club.

5.4.3. Must not say or imply that there is no requirement for the retail sale or marketing of products by A2Bs.

5.4.4. Must not promote potential tax benefits of the Plan.

5.4.5. Must not encourage or require a Prospect to purchase anything not included with the Business Services and Support fee specified in the A2B Registration Agreement and must not encourage the purchase of a product or service not identified on the A2B Registration Agreement. The only requirements which an A2B can impose upon a Prospect whom he or she is willing to register is that the Prospect can do so online and sign a completed A2B Registration Agreement and submit it to Baxstar Industries.

5.4.6. Must not register or sponsor new A2Bs in a way that manipulates the new A2B’s position in the EP.

5.5. Sponsor’s Responsibilities: A sponsor must comply with the following obligations:

5.5.1. Rules Compliance: The sponsor must be an A2B in full compliance with the Rules of Conduct.

5.5.2. Access to the A2B Contract: The sponsor must ensure that all A2Bs whom he or she sponsors have access to and the opportunity to read the A2B Contract.

5.5.3. Training and Motivation: The sponsor must be able to train and motivate the A2Bs whom he or she has sponsored with a minimum of assistance from his or her first bonus or above. A2Bs may fulfill this obligation by use of Training Materials approved under Rule 7.

5.5.4. Servicing Arrangements: If an A2B is unable or unwilling to service A2Bs whom he or she has sponsored with the proper training or motivation, he or she must make arrangements, in writing, with someone at sales trainer.

5.5.5. Distribution of Bonuses: Some A2Bs receive a Bonus from Baxstar Industries, a part of which may be payable to A2Bs. The A2B cannot retain any portion which may be payable to a A2B, even where the A2B HBB owes a private debt to another HBB A2B, unless there is a written agreement between the parties permitting such retention. Even with such a written agreement, the original A2B may retain only the net portion of the Bonus due that A2B, and not any portion that may be payable to other HBB A2Bs.

5.6. Partner & Retail Partner Responsibilities: A2Bs who qualify as a Partner or above have the following additional responsibilities:

5.6.1. Conduct or provide access to periodic sales meetings for the purpose of training and inspiring A2Bs and maintain frequent contact with all of them.

5.6.2. Assure compliance with the Rules of Conduct by A2Bs to the next qualified A2B.

5.7. Prohibited Support Practices: Bonus A2Bs shall not encourage or require A2Bs, as a condition of receiving assistance in building their HBB after registration, to (a) purchase any specified amount of Baxstar Industries or non-Baxstar Industries products or services, or (b) maintain a specified inventory of Baxstar Industries or non-Baxstar Industries products or services.

6. PRESERVATION OF THE ENTREPRENEUR PROGRAM

6.1. Confidentiality of the EP: Baxstar Industries protects the EP and EP Information for the benefit of Baxstar Industries and of all A2Bs. Baxstar Industries keeps EP Information proprietary and confidential and treats it as a trade secret. Baxstar Industries is the exclusive owner of all EP Information, which is derived, compiled, configured, and maintained through the expenditure of considerable time, effort, and resources by Baxstar Industries and its A2Bs. A2Bs can use Baxstar Industries’s goodwill and EP Information only for the purposes permitted under the A2B Contract.

6.1.1. A2Bs acknowledge, and agree not to challenge, that: (i) EP Information is confidential and a valuable trade secret owned by Baxstar Industries; (ii) EP Information is owned exclusively by Baxstar Industries; and (iii) A2Bs do not own any rights in EP Information. A2Bs agree not to challenge or interfere with Baxstar Industries’s authority to license or sublicense EP Information. A2Bs shall not assert or seek any rights or protection of any kind in EP Information other than those limited rights or protections that may be specifically granted by this Rule.

6.1.2. An A2B may use EP Information only with Baxstar Industries’s prior written permission, which may be expressed through general publication (to all A2Bs) or through a specific writing to one or more A2Bs. Any permission granted by Baxstar Industries shall constitute a limited non-exclusive, non-transferable, and revocable license by Baxstar Industries for an A2B to use EP Information only as necessary to facilitate his or her HBB as permitted under these Rules of Conduct. Baxstar Industries reserves the right to deny or revoke any such license, upon reasonable notice to the A2B stating the reason(s) for such denial or revocation, whenever, in the reasonable opinion of Baxstar Industries, such is necessary to protect the confidentiality or value of EP Information.

6.1.3. All A2Bs shall maintain EP Information in strictest confidence, and shall take all reasonable steps and appropriate measures to safeguard EP Information and maintain the confidentiality thereof. An A2B shall not compile, organize, access, create lists of, or otherwise use or disclose EP Information except as authorized by Baxstar Industries. An A2B also shall not disclose EP Information to any third party, or use EP Information in connection with any other businesses or to compete, directly or indirectly, with the Baxstar Industries business.

6.1.4. An A2B shall promptly return any and all EP Information to Baxstar Industries upon resignation, non-renewal, or termination of his or her HBB and shall immediately discontinue any further use thereof.

6.1.5. Every A2B acknowledges that use or disclosure of EP Information, other than as authorized by Baxstar Industries, will cause significant and irreparable harm to Baxstar Industries, warranting an award of injunctive relief, including a temporary restraining order and/or a preliminary injunction, specific performance, and damages including costs, attorneys’ fees, and disgorgement of all profits made as a result of such unauthorized use or disclosure.

6.1.6. An A2B’s obligations under this Rule 6.1 shall survive and remain enforceable following the voluntary or involuntary resignation, non-renewal, or termination of that A2B’s HBB.

6.2. Non-Competition and Non-Solicitation:

6.2.1. Non-Competition (current A2Bs): Every A2B agrees not to own, manage, operate, consult for, serve in a Key Mattress Industry Position in, or participate as an independent mattress distributor in (a) any other direct sales program using a mattress single or multilevel or network marketing structure, or (b) any other enterprise that markets, through independent distributors, mattress products or services functionally interchangeable with those offered through or by Baxstar Industries.

6.2.2. Non-Solicitation (current A2Bs): Every A2B agrees that he or she will not, on his or her own behalf or on behalf of any person or entity, directly or indirectly, encourage, solicit, or otherwise attempt to recruit or persuade (i) any A2B or (ii) any person who has been an A2B within the past two calendar years, to own, manage, operate, consult for, serve in a Key Mattress Industry related Position in, or participate as an independent distributor in (a) any other direct sales program using a mattress single or multilevel or network marketing structure, or (b) any other enterprise that markets, through independent mattress distributors, products or services functionally interchangeable with those offered through or by Baxstar Industries.

6.2.3. Non-Competition (former A2Bs): Every A2B agrees that, during the six-month period following the, resignation, non-renewal, or termination of that A2B’s HBB, he or she shall not own, manage, operate, consult for, serve in any Key Mattress Industry Position in, or participate as an independent mattress distributor in (a) any other direct sales program using a multilevel or network marketing structure, or (b) any other enterprise that markets, through independent mattress distributors, products or services functionally interchangeable with those offered through or by Baxstar Industries.

6.2.4. Non-Solicitation (former A2Bs): Every A2B agrees that, during the twenty-four-month period following the resignation, non-renewal, or termination of that A2B’s HBB, he or she shall not, on his or her own behalf or on behalf of any person or entity, directly or indirectly, encourage, solicit, or otherwise attempt to recruit or persuade (i) any A2B or (ii) any person who has been an A2B within the past two calendar years, to own, manage, operate, consult for, serve in a Key Mattress Industry Position in, or participate as an independent mattress distributor in (a) any other direct sales program using a mattress network marketing structure, or (b) any other enterprise that markets, through independent mattress distributors, products or services functionally interchangeable with those offered through or by Baxstar Industries.

6.2.5. The time periods in Rules 6.2.3 and 6.2.4 above shall be extended by any period of time during which the former A2B is in violation of the applicable Rule.

6.2.6. The geographic scope of Rules 6.2.1, 6.2.2, 6.2.3 and 6.2.4 is the Region.

6.2.7. All A2Bs agree that these Rules are reasonable in both time and geographic scope.

6.2.8. For purposes of this Rule 6.2, "Key Mattress Industry Position" means an owner, employee, agent, or independent contractor who contributes to the profitability of his or her new mattress business or who is in a position to receive benefit or competitive advantage from his or her new mattress business by virtue of his or her access to EP Information.

6.2.9. Nothing in this Rule 6.2 restricts the sale or distribution of privately developed Training Materials in accordance with Rule 7 and Rule 6.3.

6.2.10. Nothing in this Rule 6.2 restricts competition between A2Bs (a) in the sale of products or services offered through or by Baxstar Industries to Customers or (b) in the registration of new A2Bs or Customers.

6.2.11. Every A2B acknowledges that this Rule 6.2 protects the reasonable competitive business interests of Baxstar Industries and A2Bs, and that a violation of any subsection of this Rule 6.2 will cause significant and irreparable harm to A2Bs and Baxstar Industries, warranting an award of injunctive relief, including a temporary restraining order and/or a preliminary injunction, specific performance, and damages including costs, attorneys’ fees, and disgorgement of all profits made as a result of such violation.

6.2.12. Except for obligations under Rule 6.2.1 and Rule 6.2.2, an A2B’s obligations under this Rule 6.2 shall survive and remain enforceable following the voluntary or involuntary resignation, non-renewal, or termination of that A2B’s HBB.

6.3. Other Business Activities: Except as provided in Rule 6.2, A2Bs may engage in other business ventures, including other selling activities, involving products, services, or business opportunities. However, A2Bs may not take advantage of their knowledge of or association with other A2Bs whom they did not personally register, including their knowledge resulting from or relating to Entrepreneur Program Information, in order to promote and expand such other business ventures.

6.3.1. Every A2B agrees not to solicit, directly or indirectly, other A2Bs whom he or she did not personally sponsor in order to sell, offer to sell, or promote other products, services, business opportunities, investments, securities, or loans not offered through or by Baxstar Industries. Every A2B agrees not to sell, offer to sell, or promote any other business opportunities, products, or services in connection with the Plan. Nothing in this Rule 6.3 restricts the sale or distribution of Training Materials in accordance with Rule 7.

6.3.2. Nothing in this Rule 6.3 restricts, for example, an A2B regularly engaged in the operation of a service station, auto dealership, retail establishment, salon, or a professional service (e.g., law, medicine, dentistry, or accounting) from serving customers who are A2Bs and who have sought them out. But an A2B shall not actively solicit the patronage of other A2Bs based on knowledge or information gained as a result of being an A2B.

6.4. Approval of Certain A2B Contract Changes: The sale of an ownership interest in an HBB, transferring an HBB, merging HBB, separating or dividing an HBB, or assignment of any rights or obligations under an A2B Contract require express approval of Baxstar Industries in writing. None of the foregoing may be used to manipulate the Entrepreneur Program.

6.5. Individual Transfers: An individual transfer involves the transfer of an A2B without any bonus A2Bs. Any A2B who wants to change his or her sponsor must submit a written request to Baxstar Industries accompanied by (1) a written release signed by all the A2Bs in the Entrepreneur Program up to and including the first qualified Program, (2) a written acceptance from the new A2B sponsor and new bonus, and (3) a statement indicating the business reason for the transfer request. Upon Baxstar Industries’s express approval in writing of the request, the written acceptance from the new sponsor that they will incur all responsibilities of the transferring A2B.

6.6. Group Transfers: A group transfer involves the transfer of an A2B with one or more bonus A2Bs.

6.6.1. An A2B who wishes to transfer to a different sponsor with one or more bonus A2Bs may do so only with the express approval of Baxstar Industries in writing. In addition, an A2B must submit a written request to Baxstar Industries accompanied by (a) written consent from all A2Bs in the Entrepreneur Program up to and including the first qualified Program (b) written consent of all A2Bs whom the transferring A2B wishes to transfer with him or her, (c) written consent by the new sponsor and his or her Program to which the requesting A2B wants to be transferred, and (d) a statement indicating the business reason for the transfer request.

6.6.2. No A2B currently qualified as an Affiliate or below can be transferred with Bonus A2Bs under this Rule.

6.6.3. An A2B formerly qualified as a Ambassador or below may transfer bonus A2Bs if more than twelve months have elapsed since the A2B was so qualified.

6.7. Six-Month Inactivity: An A2B who wishes to transfer to a different sponsor but is unable to obtain the necessary consents may not register under a new sponsor until the A2B has terminated his or her A2B Contract or failed to renew and has been inactive for a period of 6 months or longer. Following the lapse of the inactive period, the former A2B may register as a new A2B under a new sponsor.

6.7.1. During the period of inactivity, a person shall not conduct any of the activities of an A2B under his or her name, or in the name of another person or HBB.

6.7.2. The following shall not interrupt the running of the six-month inactivity period: (a) procuring and/or submitting a written request for transfer; (b) filing an application for an informal or formal conciliation; (c) operating an Baxstar Industries-affiliated business in any other country in which an Baxstar Industries affiliate conducts business; (d) directing an inquiry to Baxstar Industries as to the status of his or her HBB; or (e) purchasing Baxstar Industries products or services as a Customer.

6.7.3. Two-Year Inactivity: An A2B who transfers to a new sponsor, or who registers under a different sponsor after 6 months of inactivity, may not sponsor any A2B who was previously a Bonus A2B, unless at least two years have elapsed since the expiration of the sponsored A2B’s contract.

6.7.4. Two-Year Inactivity (Joining an Existing HBB): Former A2Bs may not be added to an existing HBB for a period of 24 months following the expiration of their A2B Contract.

6.8. Sale of an HBB: An A2B who owns and operates an HBB may sell his or her ownership interest in such HBB only to another A2B who is in compliance with the Rules of Conduct, and who has the sufficient skills, experience, judgment and resources to operate the HBB, as reasonably determined by Baxstar Industries. Baxstar Industries requires that specific terms of sale be included in any sales agreement. Such terms and a sample sales agreement may be obtained from Baxstar Industries. An HBB may be sold only with the express approval of Baxstar Industries in writing.

6.8.1. In order to preserve the Entrepreneur Program, the selling A2B must offer his or her HBB in the order of priority stated below, and the A2B(s) interested in purchasing the HBB must meet all of the terms and conditions set forth in these Rules.

6.8.1.1. the first option to purchase belongs to the selling A2B’s International Sponsor, who retains the right to acquire the HBB throughout the negotiations to sell the HBB by meeting the price and conditions of any bona fide offer received by and deemed acceptable to the selling A2B;

6.8.1.2. the second option to purchase belongs to the selling A2B’s local Foster Sponsor so long as the first option has not been exercised. In the event the selling A2B has no International Sponsor, the local Sponsor retains the right to acquire the HBB throughout the negotiations to sell the HBB by meeting the price and conditions of any bona fide offer received by and deemed acceptable by the selling A2B;

6.8.1.3. the third option, exercisable so long as the first or second options above have not been exercised, belongs to any one of the selling A2B’s personally registered A2Bs;

6.8.1.4. the fourth option, exercisable so long as the first, second, or third options above have not been exercised, belongs to any qualified Partners A2B or above either up or down the Entrepreneur Program from the selling A2B to the next qualified Retailer;

6.8.1.5. the final option, exercisable so long as the first, second, third or fourth options above have not been exercised, belongs to any A2B in good standing.

6.8.2. If Baxstar Industries operates an HBB, and has entered into a servicing agreement with an A2B to manage the HBB, Baxstar Industries shall have the option of selling the HBB to the servicing A2B.

6.8.3. When an HBB is sold, it will remain in its same position in the Entrepreneur Program.

6.9. Mergers and Combinations of HBB: Mergers of HBB resulting from failure to file a Renewal Agreement, termination, resignation, death (with no designation of succession by heirs) or some involuntary event or cause beyond the control of any of the owners, are permitted, only with the express approval of Baxstar Industries in writing.

6.10. Two HBB Rule: An A2B may own or have an ownership interest in only one HBB except: (a) where two A2Bs marry; (b) where an existing HBB purchases another HBB pursuant to Rule 6.8; or (c) where the HBB is, or will be, passed on to a deceased person’s spouse, heirs, or other beneficiary in accordance with Rule 3.10.

6.11. Parent-Child Integration: As part of a plan to ensure the continuity of HBB owned by parents and children ("Succession Plan"), parent and children A2Bs may integrate their respective HBB, provided that they submit a written request to Baxstar Industries and meet the following:
a) the child(ren) must be personally registered by the parents; or the parents must be personally registered by the child(ren);
b) the parent’s HBB and the child’s (children’s) HBB must have operated as a separate HBB for not less than 2 years by date of implementation;
c) the parent and the child(ren) shall be qualified at the level of Partner or above as of the implementation date;
d) in the event that the parent(s) or the child(ren) is deceased or are not mentally or physically capable of running the HBB before conditions b and c above have occurred, the child(ren) or parent(s) inheriting the HBB shall have the right to integrate the separate HBB in accordance with this Rule;

Once the above conditions have been met, the Mediators shall review such request and provide decision makers at Baxstar Industries with a recommendation. Baxstar Industries may or may not approve the request in light of such recommendation, the Succession Plan, and the goals, objectives, and benefits of the Plan. The implementation of the integration or de-integration shall be on September 1 after at least one full fiscal year has passed since Baxstar Industries expressly approved the request in writing.

6.12. Divorce, Separation, or Other Dissolution of a Non-Spousal Partnership or Legal Entity: A2Bs who become involved in an action for divorce, separation of marital property, or the dissolution of a non-spousal partnership or legal entity formed under Rule 3.3, must continue to conduct themselves in compliance with the Rules of Conduct.

6.12.1. During the pendency of a divorce, separation of marital property or dissolution of a non-spousal partnership or legal entity, the A2Bs must adopt one of the following methods of operation: (a) the A2Bs continue to operate the HBB jointly on a "business-as-usual" basis; (b) one or more A2Bs relinquishes his or her right and interest in the HBB; (c) the A2Bs may agree on a third party to operate the HBB, subject to express approval of Baxstar Industries in writing; or (d) if the A2Bs cannot agree on a third party, Baxstar Industries shall appoint a third party to act as a receiver during the pendency of the divorce or dissolution if Baxstar Industries determines that such an appointment is necessary to prevent a negative impact on the business.

6.12.2. After a Final Decree or Judgment of Divorce, a Final Separation Agreement or other domestic contract that contains a legally enforceable Property Settlement or Division of Assets that addresses their HBB, or after a final dissolution of a non-spousal partnership or legal entity, A2Bs may: (a) agree to continue to operate their HBB in the form of a partnership or other legal entity permitted under Rule 3.3; or (b) agree that one A2B may relinquish all rights in the original HBB to the other A2B(s), at which time the withdrawing A2B is free to immediately register under any sponsor.

6.12.3. A2Bs below the level of qualified Partner level may not divide their HBB in the case of a divorce, separation of marital property or other dissolution.

6.12.4. Upon approval by Baxstar Industries following submission of a signed written request, A2Bs who are qualified at the Partner level may divide their HBB so that one of the A2Bs is the sponsor of the other A2B. In such a case, recognized by Baxstar Industries as 25% Sponsor or above within the past one year will remain registered under the Bonus A2Bs. Bonus A2B(s) who wish to change their positions in the Entrepreneur Program must follow the requirements of the Individual or Group Transfer Rules at Rules 6.5 and 6.6, respectively.

6.12.5. Qualified Partners or above at the time of divorce, separation of marital property or dissolution may divide their HBB, thereby creating two separate HBB, one of which is sponsored by the other, in which case a "phantom HBB" will be imposed over their separate HBB. Under the "phantom HBB" arrangement, regardless of how the parties may split their HBB, their separate HBB will be considered a single HBB for purposes of determining bonuses to be paid to upline A2Bs. The parties will function as two separate A2Bs so far as themselves, their respective HBB, and their respective sponsored A2Bs are concerned. The HBB of one A2B is not permitted to earn a Bonus or a Bonus on the volume of the HBB of the other A2B. Even though the original HBB is divided into two separate HBB, Baxstar Industries may, if the A2Bs request, recognize both newly created HBB as a single entity for purposes of determining annual bonuses. Thus, the "phantom HBB" arrangement continues the previously existing HBB for purposes of calculating and paying higher award level bonuses to the A2Bs of the original HBB. If one A2B registers another A2B of the original HBB, the Bonus A2B at maximum Bonus level may count as a recognition only purpose. Baxstar Industries will issue all annual bonus checks in the joint names of the A2Bs of the original HBB, leaving it to them to determine how the funds are to be divided. Whenever an Partner or above HBB is divided, the A2Bs of the original HBB may rely on their former pin level to meet the requisite pin-level qualification for an invitation to Baxstar Industries-sponsored events for one fiscal year following the fiscal year in which the divorce, separation or marital property or other dissolution occurred. Once an HBB has been divided into two HBB, the new HBB will no longer be considered as a single combined HBB for purposes of future higher pin/award recognition, but each separate HBB must thereafter qualify on its own. To effect a division of the HBB and to permit the A2Bs to operate separate HBB, the A2Bs must file a certified copy of the Final Decree or Judgment of Divorce, a Final Separation Agreement or other domestic contract that contains a legally enforceable Property Settlement or Division of Assets that addresses their HBB, or a final Dissolution Agreement, and any additional documents requested by Baxstar Industries.

6.13. Disposition of an HBB: If an A2B resigns, fails to renew, terminates his or her HBB, dies without transferring the HBB, or is terminated by Baxstar Industries, Baxstar Industries shall decide the future of the HBB in accordance with these Rules.




7. BUSINESS SUPPORT MATERIALS

Training Materials (or "TM") as used in these Rules means all products and services (including but not limited to business aids, books, magazines, flip charts, and other printed material, online literature, internet websites, advertising, audio, video or digital media, rallies, meetings, and educational seminars, and other types of materials and services) that are (i) designed to solicit and/or educate Prospects, Customers, or prospective Customers of Baxstar Industries products or services, or to support, train, motivate, and/or educate A2Bs, or (ii) incorporate or Use one or more of the Marks or Copyrighted Works of Baxstar Industries, or (iii) are otherwise offered with an explicit or implied sense of affiliation, connection, or association with Baxstar Industries. Unless otherwise specified in writing, A2Bs acknowledge that nothing in this Rule, or in any other Rule, shall be construed or interpreted as a license or other permission to incorporate any EP Information into any TM.

7.1. General Rules on TM

7.1.1. A2Bs may sell TM only in accordance with Rule 7.1 and 7.2. TM created, used, promoted, distributed, or offered for sale by or to A2Bs must: (a) comply with all Quality Assurance Standards and any applicable Rules of Conduct relating to their use, promotion, and sale; (b) be submitted to Baxstar Industries for review prior to use, promotion, distribution or sale; (c) be authorized by Baxstar Industries; and (d) if required for the category of TM, bear the authorization number provided by Baxstar Industries. Except as explicitly provided in the Quality Assurance Standards, TM may not be offered for sale to Prospects. A copy of the currently applicable Quality Assurance Standards is available from Baxstar Industries upon request by A2Bs eligible to sell or promote TM.

7.1.2. Baxstar Industries’s Satisfaction Guarantee and Buy-Back Rules do not apply to materials not sold by Baxstar Industries. TM may only be sold subject to the right of the purchaser to return such TM for a refund in accordance with the following:

7.1.2.1. The terms of the refund policy, including terms regarding procedures for the resolution of disputes and the responsible person for returns, must be clearly communicated to the purchaser prior to any sale. In addition to any other person designated to handle returns, the selling A2B and the Customer shall be responsible for handling returns, merchant fees, original return fees if the sale occurred under Rule 7.2, and the selling A2B together with the selling A2B’s Bonus A2B or above shall be responsible for handling returns of all other sales.

7.1.2.2. During the first 90 days following an A2B’s registration with Baxstar Industries, the A2B may return all TM of any form purchased, including meeting tickets, together with proof of purchase, for a 100% refund of the price paid for such TM.

7.1.2.3. Except as provided in Rule 7.1.2.4, an A2B end-user of TM may return TM purchased, together with proof of purchase, within 180 days following purchase, for a refund on commercially reasonable terms.

7.1.2.4. Except as provided in Rule 7.1.2.2, each A2B who chooses to sell tickets to seminars, events, and other business meetings is obligated to buy back tickets purchased for the purchaser’s personal use for a period of 30 days after the event, provided the dissatisfied purchaser personally attended the event. Such refund shall be for that portion of the cost of the event related to admission to the event, exclusive of the cost of travel, meals, or hotel accommodations.

7.1.2.5. TM offered in the form of website subscriptions and downloadable media are subject to the following requirements, in addition to Rule 7.1.2: (a) Purchasers canceling website subscriptions are entitled to a refund for unused, whole months of any prepaid subscription(s); and (b) Purchasers of downloadable media are entitled, if dissatisfied, to obtain a replacement download of equal value within 30 days of the purchase of the subject downloadable media.

7.1.3. A2Bs promoting, selling, distributing, or offering TM for sale must: (a) ensure that such TM are not sold or offered for sale in conjunction with the A2B’s registration with Baxstar Industries; (b) provide purchasers of such TM with any disclosures or other information that may be required by Baxstar Industries from time to time; (c) clearly inform every A2B purchasing TM that purchasing TM is optional, is strictly voluntary, and may be helpful but is not necessary to build a successful Home Based Business; and (d) advise the purchaser about refund policies that apply to such TM in accordance with Rule 7.1.2.

7.1.4. No A2B may record an Baxstar Industries presentation without the prior specific written consent of Baxstar Industries. An A2B may make a single recording of the talks or presentations made by non-Baxstar Industries employees at any Baxstar Industries-sponsored meeting, provided the recording is for their personal use and is not reproduced for any purpose.

7.1.5. Although the specific content of live seminars, events, business meetings, or other similar TM must comply with the Quality Assurance Standards, such TM do not require prior authorization from Baxstar Industries unless or until the content is reduced to a fixed media (such as in print, audio, or video) for use with A2Bs or Prospects.

7.1.6. An A2B who purchases, promotes, distributes, or offers TM for sale shall use reasonable efforts to determine that the quantity and cost of TM are reasonably related to sales volume and profits of the purchaser’s HBB.

7.1.7. A2Bs who create, promote or distribute or sell TM to other A2Bs may not compensate or remunerate other A2Bs in connection with such distribution except in accordance with Rule 7.2.

7.1.8. A2Bs may organize seminars, events, or business meetings for A2Bs consistent with their training obligations as sponsors or Partners.

7.1.9. A2Bs creating, using, selling, promoting, or distributing TM apart from Rule 7.2 must obtain appropriate written authorization from Baxstar Industries in accordance with Rule 8 in order to Use any Marks or otherwise use any copyrighted material or other intellectual property of Baxstar Industries in connection with such TM.

7.1.10. A2Bs creating, using, selling, promoting, or distributing TM must not infringe the copyrights or intellectual property rights of Approved Providers, other A2Bs or third-parties.

7.1.11. A2Bs qualified at the Partner level or above who are not affiliated with an Approved Provider and who wish to sell, promote or distribute TM must register with Baxstar Industries by completing the "Partner TM Registration Form" available from the EP.

7.2. Sale, Promotion and Distribution of TM with Authorization from an Approved Provider (a supplier authorized by Baxstar Industries to provide TM to A2Bs or use TM with Prospects, pursuant to the Program)

7.2.1. A2Bs who wish to sell, promote, or earn income from the sale of TM from an Approved Provider must have a written contract or other binding authorization from that Approved Provider in accordance with the Program, obligating the A2B to adhere to applicable Quality Assurance Standards in connection with such activities.

7.2.2. A2Bs who are authorized by an Approved Provider to sell, promote, or distribute an Approved Provider’s TM in accordance with Rule 7.2 require no further written authorization from Baxstar Industries to conduct such activity.




8. MARKS AND COPYRIGHTED WORKS

Baxstar Industries’s Marks and Copyrighted Works are important and valuable business assets of Baxstar Industries. The Marks help identify the source and reputation of Baxstar Industries’s products and services worldwide and distinguish them from those of competitors. Baxstar Industries makes commercially reasonable efforts to protect the Marks from improper use, including through the Rules of Conduct, accreditation of Approved Providers, and a corporate identity program that requires the correct and consistent use of the Marks, both in appearance and substance.

8.1. Use of Marks and Copyrighted Works: An A2B may Use Baxstar Industries’s Marks and Copyrighted Works only with Baxstar Industries’s prior written permission, which may be expressed through general publication (to all A2Bs) or through a specific writing to one or more A2Bs. Without limitation, Baxstar Industries may require conformity with specifications, may require that materials that Use Baxstar Industries’s Marks and/or Copyrighted Works be sourced from Baxstar Industries or an Baxstar Industries-approved supplier, and may otherwise condition Use of its Marks and Copyrighted Works. Any permission granted by Baxstar Industries shall constitute a limited, non-exclusive, nontransferable and revocable license to Use such Marks and Copyrighted Works solely in connection with the Baxstar Industries business in the Region. Subject to conditions and specifications published or specifically provided in writing from time to time, the Marks and Copyrighted Works may be Used only on: (a) exterior and interior office signs; (b) all forms of vehicle signs; (c) telephone listings; (d) promotional literature; (e) stationary; (f) premiums; and (g) business cards. Other proposed Uses will be considered upon request. Without limitation, Baxstar Industries will not authorize an A2B to use the Marks on imprinted checks.




9. COMPLYING WITH THE A2B CONTRACT (REMEDIES FOR BREACH)

Complying with the A2B Contract is essential for preserving a strong and viable business for A2Bs and Baxstar Industries. A2Bs and Baxstar Industries each have rights and responsibilities in case of a breach of the A2B Contract.

9.1. Baxstar Industries’s Rights and Responsibilities: When Baxstar Industries detects a potential breach of the A2B Contract, it will first investigate as appropriate. Before taking enforcement action, Baxstar Industries shall attempt to contact the A2B in an effort to resolve the issue. If the communication does not resolve the issue, Baxstar Industries may take any enforcement action authorized by the A2B Contract including, but not limited to, one or any combination of the following:

9.1.1. A written warning to an A2B, and/or bonus A2Bs in the Entrepreneur Program.

9.1.2. Retraining an A2B, and/or Bonus A2Bs in the Entrepreneur Program.

9.1.3. Suspending some or all of the rights of an A2B for a specified period of time, or until certain conditions have been satisfied.

9.1.4. Withdrawing or denying an award, trip, pin recognition or other incentive.

9.1.5. Withholding any monthly or annual bonus or incentive payments.

9.1.6. Compensatory remedies, as applicable.

9.1.7. Transferring an A2B or a group of A2Bs.

9.1.8. Terminating an A2B Contract.

If an A2B elects to challenge any action taken by Baxstar Industries under this Rule, the A2B shall submit the issue to the Dispute Resolution Procedures described in Rule 11.

9.2. A2B Rights and Responsibilities: If an A2B believes that another A2B has breached the A2B Contract, the A2B first should contact the A2B in question in an effort to resolve the issue. If an A2B believes that Baxstar Industries has breached the A2B Contract, the A2B first shall contact Baxstar Industries in an effort to resolve the issue. If discussion with either an A2B or Baxstar Industries does not resolve the issue, the A2B may file a written complaint with Baxstar Industries. The complaint should explain the issue in as much detail as possible, and include all supporting documents. Baxstar Industries will investigate as appropriate, and take enforcement or corrective action under the A2B Contract, if necessary. If any issue remains unresolved, it shall be submitted to the Dispute Resolution Procedures described in Rule 11.

9.2.1. An A2B who elects to challenge the validity of a Rule or other term of the A2B Contract shall first contact Baxstar Industries in an effort to resolve the issue. If the A2B is not satisfied with Baxstar Industries’s response, the dispute shall be resolved in Arbitration under Rule 11.5.

9.3. Duty to Cooperate: All A2Bs are required to respond to inquiries and otherwise cooperate in a timely fashion with any investigation conducted by Baxstar Industries. Failure to respond to inquiries or to otherwise cooperate in a timely fashion is a breach of the A2B Contract and may result in Baxstar Industries taking action against the HBB.

9.4. Non-Waiver. The failure of Baxstar Industries or any A2B to enforce any breach of any provision of the A2B Contract shall not constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provision of the A2B Contract.




10. MODIFICATION OF THE A2B CONTRACT

Baxstar Industries may modify the A2B Contract in accordance with the following procedures.

10.1. Any changes to Rule 11 require mutual agreement of the Mediators and Baxstar Industries. For all other Rules, final decision-making authority on amendments to the A2B Contract rests with Baxstar Industries. Baxstar Industries will, prior to final action, submit to the Mediators for discussion, evaluation, and recommendation all changes in the A2B Contract that materially affect A2Bs.

10.2. Baxstar Industries will notify A2Bs of the proposed changes subject to Rule 10.1 by making them available to review by logging on to www.baxstar.co and solicit comments from A2Bs concerning the proposed changes. Baxstar Industries and the Mediators will consider any comments submitted during the 30 days following such notice. The proposed changes shall become effective 15 days after the end of the comment period, unless Baxstar Industries makes further modifications, after consultation with the Mediators (and agreement in the case of Rule 11). Baxstar Industries shall provide notice of any such further modifications on www.baxstar.co 15 days prior to the effective date of such further modifications. These time periods may be shortened when it is necessary for a particular change to comply with a new law or other government mandate, to protect A2Bs from serious financial harm, or to protect the integrity of the Plan. Rule changes have prospective effect only.

10.3. Prior to the effective date of any proposed Rule change, any A2B who is unwilling to accept a Rule change can, if he or she wishes, provide notice of his/her intent to resign from the Baxstar Industries business on the effective date of the Rule change. Unless the proposed Rule change is withdrawn, the A2B’s resignation will become effective, and Baxstar Industries will refund a pro rata share of the A2B’s registration or renewal fee for that year. The resigning A2B may sell his or her HBB in accordance with Rule 6.8. In addition, the resigning A2B can return any unused, marketable products pursuant to Rule 4.10.




11. DISPUTE RESOLUTION PROCEDURES

Disputes arising out of or relating to an HBB, the Plan or the A2B Contract, as well as disputes involving Training Materials ("Disputes") shall be resolved in accordance with this Rule. The dispute resolution procedures in this Rule apply to Disputes involving the following parties: (1) an A2B, a former A2B, or any such A2B’s officers, directors, agents, or employees; (2) Baxstar Industries, JRB Enterprise Group Inc, and any parent, subsidiary, affiliate, predecessor, or successor thereof, or any of their officers, directors, agents, or employees; and (3) an Approved Provider or its officers, directors, agents, or employees (the "Party" or "Parties"). Rule 11 is reciprocal and applies to all of the Parties.

The only exception is when the claim made by an A2B or Baxstar Industries is for a debt on account for product or services offered through or by Baxstar Industries to or on behalf of the A2B, and the only Parties to that claim are Baxstar Industries and the A2B, and the total value of the claim is less than $10,000.00. In such cases the A2B or Baxstar Industries may elect to pursue the claim in any court of competent jurisdiction including small claims court. In all other cases the Parties will resolve the dispute as provided for under these Rules, up to and including binding arbitration if necessary.

11.1. Amendment Only with Consent: This Rule 11 and its subparts shall be amended only by mutual agreement between Baxstar Industries and the Mediators, and such amendments shall not be retroactively applied to any dispute known to Baxstar Industries or the Mediators at the time of amendment.

11.2. Temporary or Preliminary Injunctive Relief: Nothing in these Rules prevents Baxstar Industries, an A2B, Approved Provider or any other one of the Parties from seeking temporary or preliminary injunctive or other relief from a court of competent jurisdiction, notwithstanding the Parties’ obligation to participate in Conciliation or Arbitration under Rule 11.

11.3. Confidentiality: The Parties, when involved in the dispute resolution process in any manner, will not disclose to any other person not directly involved in the dispute resolution process: (a) the substance of, or basis for, the Dispute; (b) the content of any testimony or other information obtained through the dispute resolution process; or (c) the resolution (whether voluntary or not) of any matter that is subject to the dispute resolution process. However, nothing in these Rules shall preclude any one of the Parties from, in good faith, investigating a claim or defense, including interviewing witnesses and otherwise engaging in discovery.

11.4. Conciliation: The Conciliation procedures are designed to resolve disputes efficiently in a non-confrontational setting, through education, mediation, and conciliation. The Conciliation requirement is reciprocal and applies to all Parties. The Party first seeking resolution shall commence Conciliation by providing a Request for Conciliation form to the other affected Parties and, in any Dispute, the Baxstar Industries Business Conduct and Rules Department. In cases where the Mediators will be involved in the Conciliation, a copy of the Request for Conciliation form will also be given to the Mediators and the Mediators Hearing Panel Chairperson.

11.4.1. Mediation: The first step in Conciliation is non-binding mediation. The Mediators provides experienced A2Bs who are available to serve as mediators ("Board Mediator").

11.4.1.1. In cases where an Approved Provider is not a Party, an Board Mediator will serve and conduct an informal conciliation with the Parties, unless one or more A2Bs involved in the dispute objects to an Board Mediator. In that case, the mediation will take place with an independent neutral mediator acceptable to all Parties. Baxstar Industries can provide a list of possible mediators, but the Parties are not obligated to agree to any mediator on that list.

11.4.1.2. In cases where an Approved Provider is a Party, the dispute will be mediated by an independent neutral mediator acceptable to all Parties, unless all of the Parties involved in the dispute stipulate to informal conciliation with an Board Mediator. Baxstar Industries can provide a list of possible mediators, but the Parties are not obligated to agree to any mediator on that list.

11.4.1.3. In all instances where the Parties cannot agree on a mediator within ten business days of receiving the Request for Conciliation form, they authorize Baxstar Industries to request the American Arbitration Association (AAA) to select a mediator.

11.4.1.4. Baxstar Industries will pay the reasonable fees of the mediator for up to one full day, except that if an Approved Provider is a Party, the Approved Provider is responsible for its pro rata share of the mediator’s fee.

11.4.1.5. The mediation shall take place within 30 days of selection of a mediator. The Parties may agree to extend this date by 30 days. In addition, on a request of a Party, the mediator may extend the deadline for not more than an additional 30 days. All Parties must appear in person or, if authorized by the mediator, by telephone.

11.4.1.6. The mediation proceeding is confidential and not open to the public; but any participant may, if he or she chooses, be accompanied by an attorney or another personal representative, such as an upline A2B or a friend or family member, as long as the representative agrees to respect the confidentiality of the process.

11.4.1.7. All Parties who receive notice of the mediation are required to participate. The Parties are strongly encouraged to attend the mediation in person, but are not required to do so. Should the Parties choose to attend in person, they are responsible for their own expenses. Failure by Baxstar Industries or any disputing A2B to participate in good faith is a breach of the A2B Contract, and the breaching Party shall reimburse the other Parties for any expense directly caused by the breach, as determined by the mediator.

11.4.1.8. The mediator shall within two weeks following the mediation provide the Parties with a written statement summarizing any agreement between the Parties resolving their disputes and, for any dispute not settled, declaring that the Parties are at impasse. The mediator may, at his/her discretion, recommend a resolution for any dispute not settled in the mediation. Within two weeks of receiving this summary, each Party shall state in writing whether or not it agrees with any recommendation by the mediator, in whole or in part.

11.4.2. Hearing Panel Procedures: If any part of the dispute is not resolved by mediation under Rule 11.4.1, any A2B who is a Party to the remaining dispute may request a Hearing Panel; except that any dispute involving an Approved Provider, or any challenge to the impartiality of the Hearing Panel itself, shall go directly to arbitration without a Hearing Panel.

11.4.2.1. A Request for Hearing Panel Form must be filed with the Business Conduct and Rules Department or the Hearing Panel Chairperson within four weeks after the mediator’s written statement pursuant to Rule 11.4.1.8. Upon receipt of a request, the matter is scheduled for the next Hearing Panel session, which shall be not more than 60 days following the request. All Parties who receive notice of the hearing are required to participate, unless excused by the Hearing Panel Chairperson or his/her designee. The Parties are strongly encouraged to attend the hearing in person, but are not required to do so. Should the Parties choose to attend in person, they are responsible for their own expenses.

11.4.2.2. The Board Executive Committee selects the Hearing Panel Chairperson, three additional Panel members, and alternates who may serve on the Hearing Panel. The Hearing Panel Chairperson will confirm that no Panel member presents a conflict of interest with respect to the matters over which the Panel presides. Once selected, the Panel members are barred from discussing the dispute with anyone before the date of the hearing. Each Panel member and the Parties involved receive a copy of the conciliation file.

11.4.2.3. The Parties shall exchange all documents on which they intend to rely during the hearing at least 10 days in advance of the hearing. In addition, Parties must submit to the Panel all documents on which they intend to rely in proving or defending their claim at least 10 days in advance of the hearing. If a Party does not submit such documents in a timely fashion, the Hearing Panel Chairperson may refuse to allow their introduction.

11.4.2.4. The Chairperson of the Panel is empowered to control the conduct of the hearing, and to have authorized persons administer an oath to any witness. The rules of evidence do not apply.

11.4.2.5. When a voluntary resolution does not occur, the Hearing Panel, within 30 days following completion of the hearing, will issue to the Parties and Baxstar Industries a written statement of facts and a non-binding recommendation for resolution, including, if appropriate, the imposition of certain sanctions. Within two weeks of receiving that recommendation each Party shall inform the Panel and the other Parties in writing whether that Party: (a) accepts the recommended resolution in its entirety; (b) accepts some specific portions of the recommended resolution and rejects the others; or (c) rejects the recommended resolution in its entirety. Any Party may demand arbitration of any unresolved Dispute under Rule 11.5.

11.5. Arbitration: The Parties shall submit any Disputes that were not resolved through the process described in Rule 11.4, through binding arbitration in accordance with this Rule 11.5.

11.5.1. The arbitration award shall be final and binding and judgment thereon may be entered by any court of competent jurisdiction. The Parties acknowledge that the A2B Contract and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings.

11.5.2. Class Action Waiver: The Parties mutually waive any right to assert any Dispute as a class, collective or representative action, or to participate in any Dispute asserted as such.

11.5.3. No Class Arbitration: The Parties agree that, if the Class Action Waiver at Rule 11.5.2 is found to be void or unenforceable for any reason, any motion to have the Dispute certified as a class action, and any ensuing class action should it be certified, must be heard and disposed of only by a court, and not by an arbitrator; class action claims cannot be submitted to arbitration under these Rules under any circumstances.

11.5.4. Commencement of Arbitration: The complaining Party may file a demand for arbitration with either the American Arbitration Association ("AAA") or JAMS. The arbitration will be commenced and conducted in accordance with the AAA or JAMS (whichever is chosen) fee schedules and commercial arbitration rules and this Rule 11.5. If there is any conflict between the JAMS or AAA arbitration rules and this Rule11.5, Rule 11.5 shall apply.

11.5.4.1. If an A2B demands arbitration against Baxstar Industries or an Approved Provider and the A2B’s claim is less than $10,000, Baxstar Industries or the Approved Provider, whichever is the applicable respondent, shall pay for all applicable fees of AAA or JAMS for initiating and administering the arbitration and the reasonable fees for the arbitrator for up to two days.

11.5.5. Limitations: Demand for arbitration shall be made within two years after the claim arose, but in no event after the date when the initiation of legal proceedings would have been barred by the applicable statute of limitations. The two-year period or any shorter statutory limitations period shall be tolled during the Conciliation process described in Rule 11.4, provided that Conciliation shall not revive any limitations period that has expired before the time a Party invokes Rule 11.4.

11.5.6. Single Arbitrator: Unless all Parties to the arbitration agree otherwise, a single arbitrator shall be chosen, and Arbitrator candidates must have at least five years’ experience as a state or federal judge or as a full-time ADR professional, including substantial experience in commercial arbitration.

11.5.7. Arbitrability Issues to Be Decided by Arbitrator: The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable.

11.5.8. Award: The arbitrator’s award shall be limited to deciding the rights and responsibilities of the Parties in the specific dispute being arbitrated. The arbitrator’s award shall have no collateral estoppel effect in any other proceeding. The arbitrator shall not provide a statement of reasons for his or her award unless requested to do so by all Parties.

11.5.9. Consolidation: Similar claims involving multiple Parties may be consolidated before a single arbitrator if all Parties agree. The arbitrator will decide any disputed consolidation issues.

11.5.10. Discovery: Notwithstanding any discovery provisions in the JAMS or AAA commercial arbitration rules incorporated in paragraph 11.5.4 above, no discovery shall occur in an arbitration under these Rules unless and until specifically authorized by the arbitrator. The arbitrator shall decide the amount, scope and timing of discovery as appropriate in each case. In addition, before requiring any discovery, the Parties involved in the arbitration shall agree on an appropriate confidentiality order consistent with the A2B Contract. If they fail to agree, the arbitrator shall impose appropriate confidentiality requirements on the Parties and witnesses.

These Rules of Conduct are current as of October 2019. Updates are posted at: baxstar.co/policyterms

Privacy Policy

Thank you for visiting www.baxstar.co or the Personal Website of your authorized Baxstar Industries Home Based Business HBB Owner (A2B) whose name appears on the site (our “Site”). This Site is made available by Baxstar Industries as a service to your A2B. As used in this Privacy Statement, the terms “our,” “we” and “us” refer to both Baxstar Industries and your A2B unless the context clearly provides otherwise.

We appreciate the opportunity to interact with you on the Internet and are committed to protecting and safeguarding your privacy. The purpose of this Privacy Statement is to inform you about the types of information we might collect about you when you visit our Site, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct, that information.

What Information We Collect and How We Use It
Any information we collect on our Site generally falls into the following two categories: Personally Identifiable Information or Aggregate Information.


1. PERSONALLY IDENTIFIABLE INFORMATION
This refers to information that lets us know who you are or things specifically about you.

A. Visitors
You can browse our Site using the Visitor function without revealing any Personally Identifiable Information. If you want to register or place an order and do not have a sponsoring A2B, you may voluntarily provide Personally Identifiable Information (such as name, address, e-mail address, and telephone number) to be shared with an authorized A2B near you for the purpose of contacting you, including via e-mail, to assist with registration and ordering. In such event, we might maintain a record of your contact, including such Personally Identifiable Information, in a file specific to you. We use this information to provide better service in the event that you contact us again.

B. Registration
When you register to become an authorized A2B and start your own e-commerce business powered by Baxstar Industries, or when you register to shop online as a Customer, enjoying full access to the many products and services available on our Site, we will collect Personally Identifiable Information (such as name, address, e-mail address, and telephone number). This Personally Identifiable Information is securely stored and may be accessed under Contact Information. You are assigned a username and select your own Baxstar Industries ID and password-both are needed to enter the Site and to access your Contact Information.

C. Ordering
When you place an order for products or services, we collect Personally Identifiable Information (such as name, contact and billing information, credit card, and other transaction information). We use this information to deliver your order, process payment, and to communicate with you about the status of your order. We may provide information necessary to the delivery of your order to our shipping partners that may include the type of products ordered.

D. Credit Card Storage
Credit card information collected at registration or for shopping cart orders is used only to process payment for the transaction and, generally, is not retained on our Site. You may, however, voluntarily elect to securely store up to four personal credit cards to be used for shopping cart orders, Auto Renew, Smart™ scheduled order, and Standing Order features. You may add, edit, and delete your stored card information.

E. Surveys and Promotions
From time to time you may voluntarily provide Personally Identifiable Information to complete surveys and questionnaires or to participate in user polls. We use this information to improve our products and services. We may also use your Personally Identifiable Information to provide you newsletters and other marketing information that coincide with your preferences. You may customize your marketing preferences, or let us know if you do not wish to receive any promotional materials, by adjusting your Subscriptions and Email options on the Site or through a link provided in an email communication.

2. AGGREGATE INFORMATION
This refers to information that does not, by itself, identify you as a specific individual. Such information would include the Uniform Resource Locator ("URL") of the Web site that referred you to our Site, your Internet Protocol ("IP") address (a number automatically assigned to your computer whenever you surf the Web), your operating system and browser type, and any search terms that you enter on our Site. Our Web server aggregates this information in order to monitor the level of activity on our Site, evaluate its effectiveness, and improve the content of our Site in order to make your visit an easy and enjoyable experience.

We may collect, compile, store, publish, promote, report, or otherwise disclose or use any Aggregate Information, provided that such information does not personally identify you. We do not correlate any Personally Identifiable Information with the Aggregate Information that we collect on our Site. If we do correlate any Aggregate Information to you, it will be protected like any other Personally Identifiable Information under this Privacy Statement.


SHARING YOUR INFORMATION
Except as disclosed in this Privacy Statement, we do not sell, trade, rent, or otherwise retransmit any Personally Identifiable Information we collect online unless we have your permission. Any Personally Identifiable Information you provide to us will be stored in our databases in the United States.

1. A2Bs
If you are an Home Based Business Owner (“A2B”), you’ll receive advice and information from your own personal business advisory team-a support network consisting of your sponsoring A2B and upline organization. To allow such communication, we may share your contact information with your sponsoring A2B and upline organization. They have agreed not to share your information with any non-affiliated third parties, and are obligated to observe the intent of this Privacy Statement. In the ordinary course of supporting your business, information about you and your orders must be shared with your sponsoring A2B and immediate upline Platinum A2B. You have the opportunity to let us know, however, if you do not want any Personally Identifiable Information shared beyond your immediate upline Platinum A2B.

2. Customer
If you are a customer, to assure the highest level of personal service, we may share Personally Identifiable Information about you (excluding credit card information and order details, however, you may elect to share order details as stated below) with your servicing A2B, who is committed to making sure you’re pleased with the products you purchase and that you receive a favorable experience. Your servicing A2B has agreed not to share your information with any non-affiliated third parties, and is obligated to observe the intent of this Privacy Statement. An A2B may share your information with other A2Bs with which they have a relationship. You may elect to share order details with your servicing A2B, or let us know if you do not want any Personally Identifiable Information shared with your servicing A2B, by editing your preferences online in My Account after completing registration, or contact us as described in the "Contact Us" section, below, and we will assist you.

3. General
We may share Personally Identifiable Information you provide online with other Baxstar Industries-related entities and/or trusted business partners with whom we collaborate, as well as those that provide services to our Site. Where we engage non-affiliated third-party agents or contractors, we require them also to observe the intent of this Privacy Statement.

From time to time, we may provide Personally Identifiable Information in response to court order, subpoena, or government investigation. We also reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. We may release Personally Identifiable Information when we believe that such release is reasonably necessary to enforce or apply our Terms of Use or to protect the rights, property, and safety of others and ourselves.

Should Baxstar Industries or its related entities merge with or be acquired by another business entity, or its respective assets be acquired, you should expect that we would share some or all of your Personally Identifiable Information to companies assuming the role of serving you and other users of our Site.

Your Choices
Your permission is always secured first. We will not use or share the Personally Identifiable Information collected on our Site in ways unrelated to the purpose for which you provided the information, including those described above, without providing you a choice whether to permit any such unrelated uses.

Accessing and Correcting Your Information
We take reasonable measures to ensure that any Personally Identifiable Information we collect on our Site is accurate, current, complete, and reliable for its intended use. If you wish to update or otherwise correct Personally Identifiable Information you have provided to us, you may edit your information online after completing registration, or contact us as described in the "Contact Us" section, below, and we will assist you.

Protecting Your Information
We acknowledge your trust and are committed to take reasonable steps to protect Personally Identifiable Information you provide online from EPs, misuse, and unauthorized access. We employ physical, electronic, and managerial processes to safeguard and secure your information.

It is your responsibility to safeguard the password you use to access our Site, and to promptly advise Baxstar Industries or your A2B if you ever suspect that your password has been compromised. We strongly encourage you to change your password regularly to prevent unauthorized access. Because your identification number, Baxstar Industries ID, and password are specific to you, you acknowledge sole responsibility for any and all use of our Site conducted with your identification number and password.

Use of Cookies on This Site
A "cookie" is a small data file transferred to your computer’s hard drive that allows a Web site to respond to you as an individual, gathering and remembering information about your preferences in order to tailor its operation to your needs, likes and dislikes. Cookies also enable an Internet retailer like Baxstar Industries to keep track of a consumer’s electronic "shopping cart" before completing a purchase. Overall, cookies are safe, as they only identify your computer to customize your Web experience. Accepting a cookie does not provide us access to your computer or any Personally Identifiable Information about you, other than the information you choose to share. Other servers cannot read them, nor can they be used to deliver a virus.

Most browsers automatically accept cookies, but you can usually adjust yours (Microsoft Internet Explorer®†, Firefox®† or Google Chrome®†) to notify you of cookie placement requests, refuse certain cookies, or decline cookies completely. If you turn off cookies completely, there may be some Web site features that will not be available to you, and some Web pages may not display properly.

To support the personalized features of our Site (such as your country and language codes, electronic shopping cart, and other ordering and browsing functions) we must send a cookie to your computer’s hard drive and/or use cookie-based authentication to identify you as a registered Site user. We do not, however, use so-called "surveillance" cookies that track your activity elsewhere on the Web.

Use of Active-X®† and JAVA Applets®† on This Site
Active-X programs®† and JAVA Applets®† are executable programs that can be transferred to your computer’s hard drive to cause your computer to perform functions in connection with your visit to a Web site. Our Site does not transfer any Active-X®† programs or Java Applets®† to your computer’s hard drive.

Use of Third-Party Media and Research Companies
Our Site may run limited third-party ads only for those Merchant and Services Partners with whom we link. In addition, we may use third-party media and research companies to place ads for us on other parties’ Web sites.

Links to Other Web Sites
Links to third-party Web sites may be provided solely for your information and convenience, or to provide additional shopping for various other goods and services through our Merchant and Services Partners. If you use these links, you will leave our Site. This Privacy Statement does not cover the information practices of those Web sites linked to our Site, nor do we control their content or privacy policies. We suggest that you carefully review the privacy policies of each site you visit.

We maintain contractual agreements with all of our Merchant and Services Partners, which require them to observe the intent of this Privacy Statement. When you enter a Partner Store from our Site, we provide them only with your identification number for purposes of introducing you. In return, the Partner Store shares with us any purchases you make from their Web sites in order for us to assign proper credit to you and to your servicing A2B.

Children’s Privacy Protection
We take special care to protect the privacy needs of children and encourage parents to be an active participant in their child’s online activities. Our Site does not target and is not intended for children under the age of 16, and we will not knowingly collect Personally Identifiable Information from them. If we discover personal data from a child through our Site, we will eliminate that data. You must be at least 18 years old as a customer or qualify as an A2B to be on our Site.

Changes to This Statement
Any updates or changes to the terms of this Privacy Statement will be posted here on our Site and the date of the newest version posted below. Please check back frequently, especially before you submit any Personally Identifiable Information at our Site, to see if this Privacy Statement has changed. If any changes materially affect the use of Personally Identifiable Information previously provided to us, we will obtain your consent prior to the retroactive application of any material changes. By using our Site, you acknowledge acceptance of this Privacy Statement in effect at the time of use.

Contact Us
If you have any concerns about our use of your information or about this Privacy Statement, please send an e-mail to info@baxstar.co, or call 800-385-4243. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.

†All third-party trademarks (including logos and icons) referenced by Baxstar Industries remain the property of their respective owners and are not affiliated or endorsed by Baxstar Industries.

Updated and effective October 19, 2019.


Buy with the confidence of our Satisfaction Guarantee.

Baxstar Industries™ brands are something special. Our exclusive products are manufactured under rigid quality control programs and are exhaustively tested for quality and performance. You can confidently stand behind our products because we stand behind them with the following Satisfaction Guarantee:

If for any reason you are not completely satisfied with our Mattresses, you may return them within 125 days of purchase. Please see most recent terms and condition to get disclaimer.

Specific limited guarantees apply to designated products. Retail Store items must be returned to the Retail Store from which they were purchased. This satisfaction guarantee does not apply to A2B purchases for stock or inventory.

Some items such as consumable food and beverage items are non-returnable unless defective upon receipt.

For an A2B’s obligations regarding customer returns under the Satisfaction Guarantee, see Rule 4.9 of the Rules of Conduct.

Product warranties do not cover damage to a product resulting from accident or misuse, and they provide specific legal rights. Other rights that vary from state to state may be available. Please completely read the warranty for more information.

You may request a copy of the warranty prior to ordering. Warranty claims for Retail Store purchases should be directed to the Retailer.

*Conditions apply. For complete details, visit baxstar.co/terms

For further assistance, please contact Customer Service.

Display Booths and Event Sales

The Display Booths and Event Sales rules allow Baxstar Industries A2Bs to display and/or sell specific nutrition, beauty and Baxstar Industries Home™ products at temporary nutrition and beauty events or expos, bridal shows, and sporting events.

Display Booths: The display only (no sales) of products and approved literature by A2Bs is permitted only at temporary events and only with written approval from Baxstar Industries.

Event Sales: The sale of authorized product categories by A2Bs are permitted only at temporary events whose themes are consistent with the products being sold.

Follow these steps to learn more about how to make your event experience successful – one that helps you grow your business.

1. Get approval from Baxstar Industries. You will need to seek approval, in advance of the event, from Baxstar Industries, to ensure the event you are interested in is a qualified event. Some events can come with a registration fee. Baxstar Industries wants to ensure that you are able to participate prior to making any upfront investment.

Complete the Display Booth or Event Sales application. Submit the completed application to the Business Conduct and Rules Department, ensuring it will be received by them at least 30 days before your event. Once the application is approved, you will receive an Authorization Certificate to take with you to the event. Head to the online Resource Center to find more materials to help you promote your Baxstar Industries business. Have questions while you’re completing the application? Contact the Business Conduct and Rules Department directly by: 800-385-4243 info@baxstar.co

2. Get approval from the event sponsor. Plan ahead! Submit your request in plenty of time; some events may require you to file an application several months before the actual event.

3. Get ready for the event. Don’t forget to order products to display, offer as samples and sell at your booth. There is other great information to help you prepare and make the most of your event in the FAQs document on baxstar.co and even more resources at baxstar.co.

4. Host your booth/event and talk to customers about your Baxstar Industries™ products. Offer samples! Be sure to prominently display your Authorization Certificate.

5. Report your event sales using the Create a Receipt tool. Record the event name and certificate number provided by company in the Customer Name field of the receipt. Be sure to read the tax information document, as well.

If you have questions, contact the Business Conduct and Rules Department directly by: (phone) 800-385-4243