Last Updated: September 7, 2023
You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). If you are under the age of 18 (or the age of majority in the State in which you reside), but at least 13 years of age, you may use the Site only under the supervision of your legal guardian who has agreed to be bound by these Terms of Use. This Site is not intended for, and you may not use this Site if you are under 13 years of age.
Herbalife products and business opportunities cannot be offered, shipped into or sold in any country not authorized by Herbalife. For a list of authorized countries, please click here.
Herbalife guarantees the quality of any product which carries the Herbalife name and certifies that the products manufactured for Herbalife meet high standards of freshness and purity for your use. If you are a retail customer or a Preferred Member, we are confident that you will find our products satisfactory in every way. However, if for any reason, you are not satisfied with any Herbalife product purchased directly from Herbalife or an Herbalife Independent Distributor, you may return it within 30 days from the receipted dated of purchase for a full refund or product exchange. Refunds and exchanges may be obtained by following the instructions available at Herbalife.com or by calling 866-866-4744 or by contacting your Herbalife Independent Distributor. This guarantee is limited as it is subject to (i) Section 16 (Warranty Disclaimer) and Section 17 (Limitation of Liability) of these Terms of Use and (ii) to the terms of any specific warranty(ies) attached to or packaged together with certain products. This guarantee does not apply to any product intentionally damaged or misused.
If you are an Independent Distributor and your distributorship is canceled for any reason, you may return all unopened products that were purchased within the 12 months prior to the date of cancellation for a full refund. To obtain a refund, Independent Distributors may call Herbalife at 866-866-4744 or submit the refund form available at MyHerbalife.com.
The Site, including all information, services, images, logos, trademarks, graphics, software, and other content made available by Herbalife on the Site (collectively, the "Site Content") are the sole property of Herbalife, its affiliates or their licensors and are protected by copyright and other laws, both in the United States and in other countries. You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Site Content, except to the extent expressly permitted by Herbalife. You may download and copy Site Content made available to you on the Site for your personal and noncommercial use, provided that you keep intact any copyright or other proprietary notices displayed therein. Except for this limited license, Herbalife does not convey any interest in or to the Site Content. All rights not expressly granted herein are reserved by Herbalife, its affiliates and their licensors.
All Offering features, including availability, prices, charges and fees in effect, are subject to change at any time without notice. We reserve the right, with or without prior notice, to limit the availability of or discontinue any product, service or program; to restrict or cancel any purchase; and to refuse any order made by you. Certain Offerings are subject to additional terms, conditions, policies and disclosures. We reserve the right to limit your order or the quantity of a particular product that you may order. The prices applicable to your order will be those in place on the date the order was placed. In the event a product or service is listed at an incorrect price due to a typographical or other error, We shall have the right to cancel any orders for Offerings listed at the incorrect price upon notice to you, whether or not the order has been confirmed. Prices are subject to change, and do not reflect any applicable taxes.
Herbalife endeavors to observe the requirements of the Digital Millennium Copyright Act. In the event you believe that any Site Content infringes your copyright or other intellectual property right, you may notify our designated agent by e-mail at dmca@herbalife.com or at the following mailing address:
HERBALIFE
Attn: Legal Department - DMCA Complaint
You must include the following information in your complaint:
To the extent you submit any content to the Site, Herbalife cannot and does not guarantee that your User Material will not be misused by other Users. You are solely responsible and assume all risks associated with any User Material you submit or that is submitted through your Account.
You grant to Herbalife a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, sublicensable and transferable license to use, host, store, reproduce, modify, publish, adapt, translate, edit, create derivative works from, publicly display and distribute any User Material you submit to the Site in any media. You hereby waive any moral rights you may have in the User Material. By posting User Material on the Site, you represent and warrant that you own or have the necessary rights and permissions to provide such User Material to Herbalife, and to authorize Herbalife to use such User Material in the manner contemplated by these Terms of Use. You acknowledge that Herbalife has no obligation to keep any User Material you submit to the Site confidential.
Please keep in mind that whenever you voluntarily disclose personal information online - in the optional fields in your profile, through email, or in areas of the Site - that information may be accessible to other users of the Site or may be made public. Please do not post or add personal data to your profile or elsewhere on the Site that you would not want to be publicly available.
When using any e-mail address, or e-card/e-message functionality, provided to you on or through the Site, you agree to use such email address in accordance with all applicable laws and not to transmit to any person or entity: (a) any content that violates the Acceptable Use Policy set forth in this Section; (b) any non-public information about any company; (c) any trade secret; or (d) 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. Spamming is strictly prohibited. Spam is defined for this purpose as sending an unsolicited message to any persons, entities, newsgroups, forums, e-mail lists or other groups or lists unless prior authorization has been obtained from the e-mail recipient which explicitly permits sending e-mail communication to them, or unless a business or personal relationship has already been established with the e-mail recipient. IF YOU ARE "SPAMMED" BY SOMEONE WHO IS SELLING OR DESCRIBING HERBALIFE’S PRODUCTS OR BUSINESS OPPORTUNITY, PLEASE CONTACT US PROMPTLY. The use of false headers in e-mails or falsifying, forging or altering the origin of any e-mail in connection with Herbalife and/or its Offerings is prohibited. If a person or entity indicates that they do not want to receive e-mail, you agree not to send e-mail to such person or entity. If a person initially agrees to receive e-mail, but later asks to stop receiving e-mail, you must abide by that request. Herbalife prohibits engaging in any of the foregoing activities, yourself or through the service of another provider, remailer service or otherwise.
THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HERBALIFE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING: (1) THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO (A) THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY OR TIMELINESS OF THE SITE CONTENT, OR (B) THE RESULTS OBTAINED OR TO BE OBTAINED FROM THE SITE CONTENT; OR (2) THE ABSENCE OF ANY MALWARE OR OTHER HARMFUL CODE ON THE SITE OR WITHIN ANY SITE CONTENT. HERBALIFE, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, HERBALIFE AND ITS AFFILIATES AND SUPPLIERS ARE NOT RESPONSIBLE FOR ANY DELAYS OR FAILURES DUE TO CATASTROPHIC WEATHER CONDITIONS, LABOR SHORTAGES, OR OTHER EXTRAORDINARY ELEMENTS OF NATURE OR ACTS OF GOD, ACTS OF WAR, TERRORISM OR THE COMMON ENEMY, COMPUTER VIRUSES OR OTHER COMPUTER ATTACKS, INTERNET OR UTILITY FAILURES, REGULATORY ACTS, INSURRECTION, RIOTS, DELAY OR FAILURES OF ANY PUBLIC NETWORKS, SHORTAGES OF LABOR OR PRODUCTS, CIVIL DISORDER, LABOR STRIKES, OR ANY OTHER EVENTS OUTSIDE OF OUR CONTROL.
WITHOUT LIMITING THE FOREGOING, IF HERBALIFE IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS OF USE, THE MAXIMUM LIABILITY OF HERBALIFE FOR ALL OF THOSE CLAIMS AND OTHER MATTERS WILL NOT EXCEED $50, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION, IN WHICH CASE OUR LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS OF USE IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION.
NOTICE TO NEW JERSEY RESIDENTS: Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms of Use do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law. Specifically, nothing in these Terms of Use limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to, conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms of Use and New Jersey law, New Jersey law shall govern.
You agree to indemnify, defend and hold harmless Herbalife and its affiliates, and each of their respective officers, directors, employees, agents, suppliers and representatives, from and against all losses, expenses, damages, fines, penalties and other costs, including reasonable attorney fees, arising out of or related to: (1) your use or misuse of the Site, including any Site Content; (2) your breach of these Terms of Use; or (3) any User Materials submitted by you to the Site. Herbalife reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section, in which event you agree to cooperate with any reasonable requests assisting our defense of such matter.
We operate the Site from the United States of America. Site Content may not be appropriate or available for use in other locations, and access to this Site from locations where Site Content may be illegal is prohibited. If you choose to access or use the Site or any Offerings from locations outside of the United States, you are responsible for compliance with the applicable local laws.
All software used on the Site or Offerings is subject to U.S. export controls. The software nor the Offerings 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 (collectively, the "Unauthorized Countries"); 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 or this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any Unauthorized Country, or on any such list.
We reserve the right, in our sole discretion, to limit the availability of the Site or Offerings to any person, geographic area or jurisdiction at any time.
To the fullest extent permitted by law, you and Herbalife agree to arbitrate any controversy, claim or dispute arising out of or in any way related to your use of the Site, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions. EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY.
YOU AND HERBALIFE EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SITE. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THIS AGREEMENT TO ARBITRATE IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
The mutual promise by you and Herbalife to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.
Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
Unless you and Herbalife otherwise agree, the arbitration will be conducted in the county where you reside by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) (available online at www.adr.org). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Herbalife will reimburse those fees up to $7,500, unless the arbitrator determines the claims are frivolous. Likewise, Herbalife will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
NOTWITHSTANDING THE ABOVE, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU REGISTER FOR AN ACCOUNT, OR (2) THE DATE YOU FIRST SIGNED AN AGREEMENT WITH HERBALIFE THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and mailed to Office of the General Counsel, Attn: Legal Department, Herbalife International of America, Inc., 800 West Olympic Blvd., Suite 406, Los Angeles, CA 90015. The opt-out notice must state that you do not agree to this arbitration provision and must include the name, address, phone number and email address associated with your Account. You must sign the opt-out notice in order for it to be effective. This procedure is the only way you can opt out of this arbitration provision; failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of these Terms of Use will continue to apply.
