Last Updated: September 7, 2023
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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.
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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.
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.