Your use of this web site, including all web pages under the domain (collectively, the “Site”) and all information, data, text, software, information, images, sounds or other materials (collectively, the “Content”) contained therein, confirms your acceptance of this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement.
If you are dissatisfied with the Site, your sole and exclusive remedy is to stop using the Site.
We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Enhance, add to, modify or discontinue the Site, or any portion of the Site, at any time in our sole discretion.
Any changes to this Agreement will be effective immediately upon notice, which may be provided to you via email or by display on the Site (hereinafter, “Notice”). Your use of the Site after such Notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with its most current version.
The Site, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the Site will be subject to this Agreement.
You must obtain access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access the Internet.
1. YOUR INFORMATION AND YOUR PRIVACY
2. USER CONDUCT
You are responsible for any and all Content that you send to us.
You may not use the Site or any information that you get from the Site to:
- interfere with any other user’s use of the Site;
- conduct any unlawful activity;
- intentionally solicit or harm minors in any way;
- misrepresent your own identity or any affiliation that you may have;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- alter or remove any copyright, trademark or other proprietary rights notices;
- “frame”, “mirror” or “deep link” any part of the Site without our prior written authorization; or
- link to any page within the Site from any web site or web page that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us.
3. USE OF E-MAIL ADDRESSES PROVIDED BY THE SITE
When using any e-mail address provided to you on or through the Site, you agree not to transmit to any person or entity:
- any Content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, harmful, harassing, tortuous, invasive of another’s privacy, hateful, or is racially, ethnically or otherwise objectionable, or is subject to an agreement of confidentiality, or infringes upon our or any third party’s intellectual property or other rights;
- any non-public information about any company;
- any trade secret; or
- any computer code, files or programs (for example, a computer virus) designed to interrupt, destroy, compromise the security of or limit the functionality of any device.
4. APPLICABLE LAW
The Company makes no representation that the Site is appropriate or available for use outside of the U.S. If you choose to access the Site from such other locations, you do so at your own initiative and risk and are responsible for compliance with local laws if, and to the extent that, such local laws are applicable.
All software used on the Site is subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We reserve the right, in our sole discretion, to limit the availability of the Site to any person, geographic area or jurisdiction at any time.
5. TERMINATION; MODIFICATION
At any time and for any reason, we may terminate your use of and access to the Site. At any time and for any reason, we may modify or discontinue providing the Site, or any part thereof, with or without notice to you. No notice is required to effect any termination right of any party. You shall not hold us responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages due to our modification or discontinuation of the Site or our termination of your access to the Site.
We may provide links to third party web sites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. Since we do not have any control over third party web sites or resources, we cannot be held responsible or liable for any Content, or for your reliance on any Content, found on such third party web sites or resources.
7. OUR PROPRIETARY RIGHTS
The Site and software used with the Site contain information that is protected by copyrights, trademarks, trade secret laws, service marks, patents and/or other proprietary rights and laws (collectively, “Intellectual Property Laws”). In addition, the Content contained within the Site in sponsor advertisements, in information presented to you through the Site or in information presented to you by advertisers is protected by Intellectual Property Laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part, unless authorized by us, in writing, to do so.
Although we attempt to maintain the integrity of the Site, we make no guarantee as to the accuracy or completeness of the Site. If you believe that you have discovered an error in the Site, please contact us at email@example.com and include, if possible, a description of the error, its URL location and your contact information. We will make reasonable efforts to address your concerns.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By using the Site, you expressly agree that:
- The Site is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- We do not make any warranty that (i) the Site will meet your requirements; (ii) the Site will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) any errors in the Site will be corrected.
- Your use of the Site is at your sole risk. You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by any material that you download or obtain through the Site.
- The Company must approve any additional warranties in writing.
You agree not to hold us or our suppliers liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if we have been advised that such losses may occur, which result from:
- your inability to access your registration data at any time;
- your use or inability to use the Site;
- unauthorized access to or alteration of your transmissions or data; or
- the acts of any third party related to the Site.
Depending on the applicable jurisdiction, some of the limitations contained in this Section may not apply to you.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, designees and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of:
- your acts or omissions in connection with the Site;
- your breach of any provision of this Agreement;
- any allegation that any materials that you submit to us, transmit to the Site or transmit through the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
- your violation of the rights of any third party.
If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action.
11. OWNERSHIP AND RESTRICTIONS ON USE
©2003 Herbalife International of America, All Rights Reserved. Herbalife International of America owns and operates the Site in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way without our prior written permission. You may not modify any materials contained within the Site nor use any materials for any other purpose. You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site.
We grant you a limited, non-exclusive, non-transferable, non-assignable license to use the Content on the Site solely for the purpose of viewing the Site in the course of using the Internet. Subject to the foregoing license, you may not make a temporary or permanent copy of the Site or any Content, on any media or for any purpose whatsoever. We do not transfer the title to any Content to you. We retain all right, title and interest in all Content. You may not sell, resell, decompile, reverse engineer, disassemble or otherwise translate the any software portions of the Site to a human-readable form. You may not transfer any portion of the Site to any third party.
“Herbalife.com,” our logo, and the name of the products produced, marketed, sold or distributed by the Company, are trademarks and/or service marks of Herbalife International of America, Inc., or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks or logos of their respective owners.
The laws of the State of California apply to this Agreement (without regard to California’s conflict of law principles). Any dispute between you and us must be brought before state and federal courts located in Los Angeles County, California. If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between you and us relating to the Site and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer your rights or obligations under this Agreement to anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement.