PLEASE READ THESE TERMS OF USE AND THE Herbalife (U.K.) Limited ("HERBALIFE") PRIVACY POLICY, LOCATED AT Herbalife Privacy Policy AND THE MEMBERS PRIVACY POLICY LOCATED AT Distributor Privacy Policy BEFORE USING THIS WEBSITE
These Terms of Use are an agreement (the "Agreement") ") between Herbalife (U.K.) Limited (the "Company," "we" or "us") and you ("you" or "User") and the Herbalife Member whose website you are visiting. This Agreement sets forth the legal terms and conditions governing your use of this website and each Herbalife Member's website (collectively referred to herein as the "Site") and for your use of any Herbalife services through the Site (collectively referred to hereinafter as,"Offerings"). Your acceptance of these Terms of Use, your use of the Site and all information, data, text, software, information, images, sounds or other materials contained therein, or your use or purchase of any other Offerings confirms your unconditional agreement to be bound by this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not access or otherwise use the Site or participate in any of the Offerings.
If you are dissatisfied with the Site or other Offerings, your sole and exclusive remedy is to stop using the Site or Offerings, except for any remedies available to you as a result of applicable law.
This Agreement, the Herbalife Privacy Policy and the Member's Privacy Policy (together, the "Privacy Policies"), constitute the entire agreement between you, us and the Herbalife Member whose website you are visiting pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. The information and features included in the Site are subject to change at any time without notice. By accessing or linking to the Site (to the extent linking is permissible), you assume the risk that the information on the Site may be changed or removed.
1. MODIFICATIONS
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 other Offerings, or any portion of the Site or other Offerings, at any time in our sole discretion.
From time to time, we reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove, revise or otherwise change any portion of this Agreement, in whole or in part, at any time. If you provide information to us, access or use the Site or participate in any Offering in any way after this Agreement has been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of this Agreement will be available on the Site and will supersede all previous versions of this Agreement.
The Site or the Offerings, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the Site or Offerings will be subject to this Agreement.
2. ELIGIBILITY
You represent and warrant that you are eighteen (18) years of age or older and that you are an authorised user of any credit card used to purchase Herbalife products through the Site.
Herbalife products and services are sold through a network of Herbalife Members. To purchase Herbalife goods or services you do not have to become an Herbalife Member.
3. YOUR INFORMATION AND YOUR PRIVACY
If you provide information to the Site, you agree to provide accurate, current and complete information about you where requested and you agree to maintain and update such information as appropriate. We, and your Herbalife Member, will use and maintain any information about you that we collect through the Site in accordance with our Privacy Policy, located at HerbalifePrivacyPolicy and the Member's Privacy Policy located at DistributorPrivacyPolicy .
4. OUR PROPRIETARY RIGHTS
The Site and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, code, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by or licensed to us or other authorised third parties and are protected from unauthorised use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Material in any manner without the prior written consent of us or such third party that may own the Material or intellectual property displayed on the Site. Unauthorised use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the Material is strictly prohibited. Any use of the Material other than as permitted by this Agreement will constitute a violation of this Agreement and may constitute copyright and/or patent infringement. You agree not to use the Material for any unlawful purposes and not to violate our rights or the rights of others. You agree not to interfere with the normal processes or use of the Site including without limitation by attempting to access administrative areas of the Site. You agree to report any violation of this Agreement by others that you become aware of. You are advised that we will aggressively enforce our rights to the fullest extent of the law. We may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. Herbalife, our logo, and the name of the products produced, marketed, sold or distributed by Herbalife and its members, 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 or other Offerings are the trademarks, service marks or logos of their respective owners.
5. REGISTRATION
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The Site practices governing your personal information are disclosed in the Member¡¦s Privacy Policy available on the Site. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.
If you register with the Site, you agree to accept responsibility for all activities that occur under your account, email or password, if any, and you agree that you will not sell, transfer or assign your account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site using your name in whole or in part. If you feel that your password has been compromised, it is your responsibility to change your password.
We may, in our sole discretion, and at any time, with or without notice, terminate your password, for any reason or no reason at all.
6. ERRORS
Although we attempt to maintain the integrity of the Site and other Offerings, we make no guarantee as to the accuracy or completeness of the Site or other Offerings. If you believe that you have discovered an error in the Site or other Offerings, please contact us at 0845 056 0606 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.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You understand and agree that the Site and all Material and intellectual property contained on it are distributed "as is" "as available" "with all faults" and without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability, non-infringement or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade. Some jurisdictions do not permit the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary by jurisdiction.
You agree that we and our parents, affiliates, subsidiaries, licensors and assigns, and each of their respective employees, officers and directors (collectively, the "released parties"), are not liable to you for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential or punitive losses or damages arising or resulting in any way from or in connection with the Site, the Offerings, the user forums, the Material, or any errors or omissions in its technical operation or the Material, even if we have been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorised access to, the Site or its related information or programmes. Notwithstanding any other provision in this Agreement, in no event and under no circumstances will the released parties be liable to you for any reason or any cause of action whatsoever in an amount greater than fifty pounds (£50). Some jurisdictions do not allow the limitation or exclusion of certain warranties and conditions, and/or the disclaimer of some types of damages, so some of the above might not apply to you.
We make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site, in any Offering and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by us. Views and opinions of users of the Site do not necessarily state or reflect those of Herbalife. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at the Site.
The Internet may be subject to breaches of security. We are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorised intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. We make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site. The Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
8. INDEMNIFICATION
By using this Site you agree to indemnify, defend and hold the released parties harmless from and against any third party claims, alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defence, including, without limitation, reasonable attorneys' fees, arising out of or relating to: your breach of your representations, warranties, covenants or agreements hereunder; your violation of this Agreement or any law; your use of the Site and/or the material in violation of this Agreement; information or material posted or transmitted through your computer or account, even if not submitted by you, that infringes any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; any misrepresentation made by you; and/or our use of your information. You will cooperate as fully and as reasonably required in our defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without our written consent.
9. TERMINATION; MODIFICATION
Any violation of this Agreement may result in restrictions on your access to all or part of the Site (including any Web Property or email address provided by the Site) and may be referred to law enforcement authorities. No waiver of any of this Agreement shall be of any force or effect unless made in writing and signed by a duly authorised officer of Herbalife. We reserve the right to modify or discontinue this Site, or any portion thereof without notice to you or any third party. Upon termination of your access to the Site, or upon demand by Herbalife, you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof. You are advised that we will aggressively enforce our rights to the fullest extent of the law.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.
10. UNITED STATES SITE
Although product purchases made through this Site are fulfilled by Herbalife and your Herbalife Member in the United Kingdom, Herbalife¡¦s affiliates operate the Site in the United States and other locations outside of the United Kingdom. All software used on the Site or other Offerings 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, Burma, Democratic Republic of the Congo, Ivory Coast, Iraq, Libya, North Korea, Iran, Syria, Sudan, Venezuela 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 or other Offerings to any person, geographic area or jurisdiction at any time.
11. DISPUTE RESOLUTION
This Agreement is governed by and shall be construed in accordance with the laws of England & Wales. In case of disputes arising out of or in connection with this Agreement the courts of England & Wales will have exclusive jurisdiction.
Should any dispute arise which is not resolved directly between you and us, there are a number of government approved and EU listed certified alternative dispute resolution service providers, including ProMediate (UK) Limited (www.promediate .co.uk) and others which can be accessed here http://ec.europa.eu/odr; but we are not obliged to and do not agree to have any complaints handled by these providers.