Terms Of Use

Last Updated: September 7, 2023

PLEASE READ THESE HERBALIFE TERMS OF USE ("TERMS OF USE") CAREFULLY.
 
These Terms of Use govern your access to and use of this website or application (collectively, the "Site"), including, without limitation, all information, services and other content provided on this Site, any web property or email address provided by this Site, and/or each independent Distributor’s distributorship account, and your purchase and/or use of any Herbalife products, goods or services (collectively, the "Offerings"). By accepting these Terms of Use, you agree that: (1) you have read and agree to be bound by these Terms of Use; and (2) these Terms of Use constitute a binding agreement between you and Herbalife International of America, Inc. and its affiliates ("Herbalife", "We" or "Us"). If you do not agree to these terms of use, you are not permitted to access or use the Site.
 
ARBITRATION NOTICE: These Terms of Use contain a binding arbitration agreement including a waiver of any right to participate in a class action lawsuit or class-wide arbitration. Please see the "Arbitration Agreement and Class Action Waiver" section below for additional details.

 

1. Eligibility

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.

2. Herbalife Preferred Member or Herbalife Independent Distributor

Herbalife® products and services are made available through Herbalife’s network of independent distributors ("Independent Distributors"). You may purchase Herbalife® products or services from an Independent Distributor or by becoming an Herbalife Preferred Member. If you are interested in purchasing products from an Independent Distributor or becoming a Preferred Member, please see the Product section of the Site. If you are interested in starting your own business as an Herbalife Independent Distributor, please see the Business Opportunity section of the Site.

 

3. Refund Policies

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.

4. Privacy Policy

Please click here to view our Privacy Policy, which applies to personal information collected about you on the Site. By accepting these Terms of Use and otherwise using the Site, you acknowledge and that you have reviewed our Privacy Policy and agree that, among other things, we and our service providers may use session replay/screen capture technology to collect on a real-time basis information on how you use and navigate the Site.
 

5. Modifications

Herbalife reserves the right to modify and update these Terms of Use, as well as any aspect of the Site at any time in its sole discretion. Your acceptance of the updated version of the Terms of Use will constitute your acceptance of any modifications and updates made by Herbalife.
 

6. Your Account

You may be required to create an account with Herbalife ("Account") in order to access certain content and services on the Site. You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual. 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 or your Site issued email account using your name in whole or in part. If you create an Account, you agree to accept responsibility for all activities that occur under your Account, email or password, if any. Herbalife may terminate your Account and suspend your use of the Site for any reason or no reason, without prior notice to you, including but not limited to if Herbalife suspects that your Account is being used in an unauthorized manner. Upon termination of your membership, distributorship, or 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.
 

7. Product and Service Images and Descriptions

We try to describe and display the features of all of the Offerings shown on the Site as accurately as possible. However, we do not warrant that all Offering descriptions, photographs, pricing or other information on the Site is accurate, complete, current or entirely error-free. We may make changes to the Site at any time and without notice. The colors you see will depend on your monitor. In addition, the information on the Site may contain typographical or other human errors and may not be complete or current despite our efforts. All weights and size dimensions may be approximations.
 

8. Site Content

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.

9. Third-Party Services

The Site may include links to or plug-ins of third-party websites, apps or services that may be operated by companies not affiliated with Herbalife. The inclusion of such links or plug-ins on the Site is provided solely as a convenience to you, and Herbalife makes no representations or warranties regarding any such third-party website, app or service. If you choose to click on any link to or plug-in of a third-party website, app or service, you understand that you are connecting directly to the third-party website, app or service and will be subject to any terms of use, policies and privacy practices of such third party.
 

10. Promotions

This Site may contain sweepstakes, contests or other promotions (collectively "Promotions") that require you to submit material or personal information. Please note that Promotions offered through the Site may be governed by additional or separate terms, conditions or policies that, in addition to describing such Promotion(s), may have eligibility requirements, such as age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used or otherwise processed. It is your responsibility to comply with those terms and conditions, as well as all laws and regulations: (i) to determine your eligibility to participate; and (ii) for the purchase or use of any product or service under such Promotion(s). By entering any such Promotion, you agree to comply and abide by such rules and the decisions of the sponsor(s) identified therein shall be final and binding in all respects. In the event of any conflict between these Terms of Use and any other terms, conditions or policies, such other term, condition, or policy will govern solely with respect to those products, services, programs, promotions, or other offers, as may be further explained in such terms, conditions or policies.
 

11. Pricing

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.

12. Orders and Payment

You authorize Us to charge the credit or debit card (or other payment method accepted by Us on the Site) provided by you for all purchases made through the Site through your Account, plus applicable taxes and fees. You represent that you have the legal right to use any credit or debit card or other payment method provided by you and accepted by Us. When you place an order, we reserve the right to request authorization for up to 100% of the order total. During the payment authorization process, your payment method is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be processed. If you fail to pay any fees or charges when due (including the fees and charges as stated above, as well as fees and charges for returned checks, electronic payment rejection, restocking fees, or damages arising from fraudulent use), we may charge such amount directly to the payment method you designate through the Site for payment of your order. You are responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. Your payment method will be charged for your order on the day your order is placed. All orders placed through the Site are subject to our acceptance. We may require verification of information prior to the acceptance and/or fulfillment of any order. Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline it for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for an order that we later cancel, we will issue you a refund, subject to Section 3.

 

13. Digital Millennium Copyright Act

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:

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of the material that you claim is infringing with respect to the Site;
  • your e-mail address, mailing address and telephone number;
  • a statement by you that you have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, the copyright owner’s agent or law;
  • a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.
 

14. User Material

The Site may contain forums, bulletin boards, chat rooms, message boards, discussion groups or other public and/or interactive forums through which users of the Site ("Users") may submit or post content, including but not limited to reviews, comments, ideas, photos and other information (collectively, "User Material"). While Herbalife does not normally review or monitor submissions of User Material, Herbalife reserves the right to block, refuse, delete, remove or edit, in whole or in part, any User Material that violates these Terms of Use or is otherwise objectionable, as determined by Herbalife in its sole discretion. Herbalife assumes no liability in connection with your use of any User Material published on the Site, including any errors or omissions contained in such User Material, or for any loss or damage incurred as a result of your use of any User Material. In addition, we may delete, move, edit or disclose User Material when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend our rights and property or to protect the safety of our Users or the public. In no event do we assume any obligation to monitor the User Material or remove any specific User Material.

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.

 

15. Acceptable Use Policy

You agree that you will not post or submit any User Material or use the Site in a manner that: (1) is obscene, inappropriate, threatening, harassing, stalking, abusive, false, inaccurate, deceptive, libelous, defamatory, vulgar, pornographic, false, tortious, disparaging, invasive of privacy, is otherwise injurious to third parties or promotes violence, racial hatred, terrorism or illegal acts; (2) is or could be detrimental to or which otherwise may dimmish, damage or weaken our reputation, image, products, Independent Distributors, trademarks, tradenames or goodwill; (3) frames, mirrors or deep links any part of the Site or Offerings without Herbalife’s prior written consent; (4) constitutes a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national, or international law; (5) contains computer viruses, malware, bots, worms, Trojan horses or other harmful, disruptive, or destructive materials that limit the functionality of any computer software, hardware, or telecommunications equipment; (6) includes advertisements, promotional materials, spam, junk mail, pyramid schemes or other forms of solicitation; (7) impersonates another person or entity or falsely states or misrepresents your affiliation with a person or entity; (8) attempts to or disguises the origin of any User Material posted to the Site; (9) implies Herbalife’s endorsement of your content; (10) restricts or interferes with any other User’s ability to use or enjoy the Site, as determined by Herbalife in its sole discretion; (11) tampers with postings, registration information, profiles, submissions or content of other users; (11) uses any robot, spider, scraper or other automated means or interface not provided by Herbalife to access the Site; (12) extracts data or gathers or uses information available through the Site through any means not intentionally made available or provided for through the Site; (13) infringes or alleges to be infringing upon a third-party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third-party claim of infringement; (14) violates any applicable local, state, federal or international law, rule or regulation or any contractual or fiduciary relationships; (15) violates these Terms of Use or uses the Site in any manner that is inconsistent with the purposes or objectives of this Site, as determined in good faith by Herbalife; (16) suggests that participating as an Independent Distributor will result in a lavish lifestyle, including the following or any substantially similar images: opulent mansions, private helicopters, jets, yachts or exotic automobiles; (17) links to any page within the Site from any web site or web page that makes any claim as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us; or (18) collects or harvest the information of any User or otherwise access the Site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers). Herbalife reserves the right to suspend or terminate your access to the Site and seek other legal or equitable remedies, upon becoming aware of any violation of this Acceptable Use Policy by you.

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.

 

16. Warranty Disclaimer

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.

 

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HERBALIFE OR ANY OF ITS AFFILIATES BE LIABLE TO YOU IN CONNECTION WITH THESE TERMS OF USE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER THEORY OF LIABILITY: (A) FOR ANY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM: (I) THE USE OF OR INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE OFFERINGS RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; OR (III) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON THE SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HERBALIFE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

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.

 

18. Legal Waivers and Notice to New Jersey Residents

BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

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.

 

19. Indemnity

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.

 

20. United States Law

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.

 

21. Governing Law

All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of California, without giving effect to any choice of law or conflict of law and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.
 

22. Binding Arbitration and Class Action Waiver

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.

 

23. General

To the extent any portion of these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as modified, will remain in full force and effect. This is the entire agreement between you and Herbalife relating to the subject matter herein.
 

24. Electronic Communications

These Terms of Use and any other documentation, agreements, notices, or communications between you and Herbalife may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
 

25. How To Contact Us

If you have any questions about these Terms of Use, the Site or any Offerings, please contact Herbalife at 866-866-4744.
 

 

 

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