Effective Date: February 25, 2014
Using the Site
Content You Submit
Your submission of comments, statements, stories, photographs, videos and/or other media (“Content”) to this Site is governed by these Terms. You shall not submit any Content that is illegal, offensive or defamatory, or otherwise use this Site in a manner that infringes the rights of others, including intellectual property and privacy rights.
Herbalife reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, or to suspend or terminate users without notice. Herbalife also reserves the right to access, read, preserve, modify, post, delete, or disclose any Content or information at its sole discretion, including to verify its accuracy and correctness. Herbalife may additionally use Content or information to (i) satisfy or respond to any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Herbalife or any third party at its sole discretion.
By submitting Content, you grant Herbalife a perpetual, irrevocable, worldwide, sublicensable, royalty-free license to publish, reproduce, distribute, publicly perform, publicly display, edit, modify, create derivative works of and otherwise use the Content in any manner or media and for any purpose whatsoever at the sole discretion of Herbalife, including without limitation any political, advertising or commercial use of any kind. You understand that the technical processing and transmission of the Content you submit may involve transmissions over various networks, and may involve changes to the Content to conform and adapt it to technical requirements of connecting networks or devices.
You further permit Herbalife to use your name, likeness, voice, and biographical information in connection with such Content and release Herbalife and anyone acting under its authorization from any claims that any use of the Content and/or your name, likeness, voice and biographical information as authorized herein violates any of your rights, including any rights of publicity or privacy. You understand and that all rights granted herein are fully sublicensable and assignable. You represent and warrant that you have all rights necessary to grant the foregoing rights and permission and that no infringement or violation of any third party rights, including copyright, rights of publicity, or rights of privacy, will result from the use of the Content. You further represent and warrant that in creating Content, you were not working on behalf of or hired by any employer, principal or other third party, and that you did not incorporate or use without authorization any equipment or materials owned by any corporation or other third party.
You acknowledge that you are responsible for the Content you submit and you represent and warrant that you are eighteen (18) years of age or older. In addition, submitting Content on behalf of yourself or on behalf of any other party, including but not limited to an employer, with the purpose or effect of disparaging, defaming, manipulating or misleading other users of the Services, the public, participants in any commercial or securities markets, you or the party on whose behalf you are acting may be subject to civil or criminal liability.
You agree to defend, indemnify and hold Herbalife harmless from and against any liabilities, losses, claims, demands, costs and expenses (including reasonable attorneys’ fees) arising (i) in connection with the use of, your name, likeness, voice, or persona, or (ii) from your breach of or alleged breach of any of the foregoing representations or warranties.
You understand that neither you nor any other third party will be entitled to any compensation for the rights and releases granted herein or for any use of the Content that you submit or the use of your name, likeness, voice, and biographical information, and that Herbalife shall have no obligation to make any use of the Content you submit. You further understand and agree that Herbalife will act in reliance on this Agreement and that therefore it will be irrevocable.
Material Subject to Copyright Protection
If you believe that your intellectual property rights have been violated by something on our Services, please contact our Copyright Agent at 800 West Olympic Blvd., Suite 406, Los Angeles, CA 90015, Attn: Julian Cacchioli, (310) 410 – 9600, JulianC@Herbalife.com, and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of or a representative list of the work you believe has been infringed;
- 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 Herbalife to locate the material;
- Information reasonably sufficient to permit Herbalife to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer of Warranties
THE SITE AND RELATED SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. AS SUCH, YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HERBALIFE AND ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ABOUT: (i) THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE; (ii) THE CONTENT OF THE SITE; OR (iii) THE SAFETY AND SECURITY ASSOCIATED WITH THE TRANSMISSIONS OF INFORMATION TO HERBALIFE OR VIA THE SITE.
HERBALIFE DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT ACCESS TO DATA STORED BY YOU OR OTHERS ON THE SITE IS NOT GUARANTEED AND THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE SITE OR ITS UNAVAILABILITY.
We assume no responsibility for the conduct or acts of users or other third parties. In addition, we assume no responsibility for the content, security or privacy practices of the websites of other companies for which we provide links in our website.
Limitations on Liability
UNDER NO CIRCUMSTANCES WILL HERBALIFE AND ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITE. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS OR REVENUE, LOST DATA, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF FORESEEABLE OR EVEN IF HERBALIFE KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
The laws of the United States, State of California apply to this Agreement (without regard to California’s conflict of law principles that would cause the application of any other jurisdiction’s laws). Any dispute between you and us must be brought before state or federal courts located in Los Angeles County, California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Los Angeles, California for any cause of action relating to or arising under this Agreement or the Site.
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. We operate this website from the United States and information contained on the site may not be appropriate or available for use in other locations. Access to the site from territories where the content of the site may be illegal is prohibited.
Last Revised: February 21, 2014