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Terms of Use
Small
Planet Online, LLC owns and operates The Herbal Nutrition Network,
also known as Herbal-Nutrition.Net and HerbalifeDistributors.Net. By
joining this group, members agree to refrain from using this website and/or the names of The Herbal Nutrition Network,
Herbal-Nutrition.Net, HerbalifeDistributors.Net, and/or Small Planet Online, LLC in conjunction with "spam," chain
letters, or other means of unsolicited communication. Any member who uses spam, chain letters,
or other means of unsolicited communication will have
their service immediately and permanently suspended without prior
notice. Small Planet Online, LLC, The Herbal Nutrition Network, Herbal-Nutrition.Net
and/or HerbalifeDistributors.Net will not be liable for any legal or
civil action taken against any member because of such activities.
THIS WEBSITE IS PROVIDED BY SMALL PLANET ONLINE,
LLC "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE SMALL PLANET ONLINE TEAM OR ITS CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS WEBSITE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
This
Terms of Use Agreement is established between Small Planet Online, LLC
and the Herbal Nutrition
Network--also known as Herbal-Nutrition.Net and HerbalifeDistributors.Net and/or
--and independent Herbalife
distributors. Any company name may be used throughout this Terms of
Use Agreement, and the intent is for those company names to be used
synonymously.
Small
Planet Online, LLC, operating as The
Herbal Nutrition Network, maintains this website as a service to its members. The services available from The Herbal Nutrition
Network (the "Service") are subject to the
following Terms of Use Agreement ("Agreement"). Please read
this Agreement carefully before using or registering for the Service. By
using this Web site, you are agreeing to comply with and be bound by the
following terms of use.
No warranty or guarantee of "hits" or
sales from the use of this website is expressed or implied. In
addition, the Herbal Nutrition Network cannot be held liable for
members' loss of sales, potential sales, or web hosting fees in
conjunction with acts of God, mechanical and/or technological failure of
hardware, software, or other peripheral equipment owned by Small Planet
Online, LLC, its affiliates, or associate companies involved in the
delivery of web hosting services.
All
aspects of this Terms of Use agreement are important. Please note,
however, the importance The Herbal Nutrition Network places on the use of
unsolicited mail, or "spam."
1.
Introduction. Users agree to the terms and conditions outlined in this Terms of
Use Agreement with respect to the information and content provided by
the site. This Agreement constitutes the entire and only agreement
between The Herbal Nutrition
Network and a user of the Site
("User"), and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect
to the Site, the Service, the content provided by or through the Site,
and the subject matter of this Agreement. Users agree to review this
Agreement prior to reviewing any information, obtaining any documents or
utilizing any facet of the Service.
2. Copyright. The content, organization, gathering, compilation, magnetic
translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by a User of any such
content or any part of the Site, except as allowed by Section 3, is
strictly prohibited. The User does not acquire ownership rights to any
content or document obtained through the Site.
3. Limited Right to Use. The viewing or downloading of any content, form or document grants
the User a limited, nonexclusive license for use solely by the User for
his or her own personal and/or home business use and not for
republication, distribution, assignment, sublicense, sale, preparation
of derivative works or other use. No part of any content, form or
document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for
the User's personal use.
4. Editing, Deleting and Modification.
The Herbal Nutrition
Network reserves the right in its sole discretion to edit or delete any
documents, information or other content appearing on the Site.
a.
The Herbal Nutrition
Network
strives to maintain compliance with Herbalife
International's established guidelines for
distributor websites. Independent Herbalife
distributors who utilize the option to alter
the Welcome Text on their websites do so at their own discretion and shall also
consult current Herbalife International guidelines
before making alterations. The Herbal Nutrition
Networkshall be held harmless from liability, loss, claim
and expense, including reasonable attorney's fees, related to a User's violation resulting
from modifications to independent websites.
5. Registration
You agree you will: (a) provide accurate and complete information when
prompted to do so by any registration form, and (b) maintain and update
such information so it remains accurate and complete.
6. Password and Security
Upon registration, members select a username and password. Members may change such
selected Member ID and Password
at their convenience. Members are responsible for keeping the Password
confidential; they are responsible for all activity occurring through use
of their account and/or Password. Members agree to immediately notify The Herbal Nutrition
Network of any actual or suspected unauthorized use of
their accounts or Password. The Herbal Nutrition
Network will not be
responsible for any loss arising from your failure to comply with
the above.
7. Member Conduct
You agree that you will not use the Service to send "spam"
or chain letters. Any member who uses spam or chain letters will have
their service immediately and permanently suspended. You also agree not to: Submit, post,
upload or otherwise transmit any content or other material through the
Service that is defamatory, libelous, abusive, tortuous, harassing,
vulgar, obscene or otherwise indecent; Submit, post, upload or otherwise
transmit any content that infringes or otherwise violates the rights of
any third party, including without limitation, privacy rights and
proprietary rights; Submit, post, upload or otherwise transmit content
that contain viruses, corrupted files or any other similar software or
programs that may damage the operation of another's computer;
Impersonate, or otherwise misrepresent your affiliation with any other
person or entity; Falsify or delete any attributions, legends or other
proprietary designations of the origin or source of quotes or other
content appearing on the Site or contained in a file that is uploaded;
Collect or store personal data about other Users; or Violate any
applicable local, state, federal or international law or regulation.
8. Indemnification. User agrees to indemnify, defend and hold The Herbal Nutrition
Network and its partners, attorneys, staff and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss, claim
and expense, including reasonable attorney's fees, related to a User's
violation of this Agreement or use of the Site or the Service.
Small Planet Online, LLC and the Herbal Nutrition Network are not liable for personal injury damages, punitive damages, lost profit or revenues, loss of use of product or equipment or any loss of property that may result from the purchase of products or services through the Herbal Nutriton Network website. Furthermore, the User will indemnify and hold harmless Small Planet Online, LLC, its suppliers, agents, owners, shareholders and employees, as the case may be, for and against any and all losses, damages and expenses, including legal fees and other costs of defending any action that Small Planet Online, LLC may sustain or which may occur as a result of any claim of negligence of contract or other claims or theories of law, whether direct or indirect, in connection with the unsafe, improper or illegal use, or any unintended use of any chemical or product sold through the Herbal Nutrition Network website. In addition, the User is at least 21 years of age and will adopt and use all necessary safety precautions and will abide by all local, state/province and government regulations in accordance with the use of any product or service provided through the Herbal Nutrition Network website. The User will not rely upon Small Planet Online, LLC and/or the Herbal Nutrition Network in the selection or use, or instruction or proper use, of any chemical, product, or services provided.
Small Planet Online, LLC and the Herbal Nutrition Network are not liable for any failure of the User to inform customers or potential customers concerning product safety. Information provided customers and/or potential customers concerning product toxicity and/or product safety hazards associated with consumption of weight loss products remains the responsibility of the User. The User and the consumer are fully responsible to obtain appropriate instruction and guidance from a licensed physician when using products intended for use as a food supplement or as any form of consumable ordered through the User's website.
9. Nontransferable. User's right to use the Site or the Service is not transferable.
10.
Privacy
All information gathered from you in connection with your use of the
Site or the Service will be governed by the provisions of The Herbal Nutrition
Network Privacy Policy.
11.Third-Party
Content.
Small Planet
Online, LLC operates an interactive transaction
service allowing access to third-party service providers
("Subscribing Provider") from which The Herbal Nutrition
Network users may purchase certain goods or services for themselves or their
clients. User understands that The Herbal Nutrition
Network does not
operate or control the products or services offered by Subscribing
Providers. Subscribing Providers are responsible for all aspects of
quote preparation, quote submission, order processing, fulfillment,
billing and customer service. The Herbal Nutrition
Network is not a party to the transactions entered into between Users and Subscribing Providers. In addition, The Herbal Nutrition
Network is not responsible for any health improvement and/or health maintenance product claims made by Herbalife, International.
The user agrees that use of the The Herbal Nutrition
Network Service
is AT THE SOLE RISK OF USER AND IS WITHOUT WARRANTIES OF ANY KIND BY THE
HERBAL NUTRITION NETWORK EXPRESS, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS THE HERBAL NUTRITION NETWORK
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN USERS AND
SUBSCRIBING PROVIDERS OR FOR ANY INFORMATION PROVIDED BY SUBSCRIBING
PROVIDER OR APPEARING ON SUBSCRIBING PROVIDER SITES OR ANY OTHER SITE
LINKED TO THE HERBAL NUTRITION NETWORK SITE. THE HERBAL NUTRITION
NETWORK WILL NOT BE LIABLE TO USERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE
THE THE HERBAL NUTRITION NETWORK SITE OR SERVICE. a. International
independent distributors are required to follow the guidelines of the
country in which the distributor is marketing Herbalife products.
Distributors are also required to follow the guidelines for
international sales as set forth by Herbalife International. Small
Planet Online, LLC and The Herbal
Nutrition Network are not responsible for the actions of any independent
distributor who sells products that have not been approved for sale in
any particular country. Any Herbal Nutrition Network member who is
charged with violating international law and/or violates Herbalife
International's policies concerning international sales will have
his/her membership terminated immediately.
12.Third-Party Merchant Policies. Users who buy products or services from a Subscribing Provider will
be deemed to be customers of such Subscribing Provider. All rules,
policies (including privacy policies) and operating procedures of
Subscribing Provider will apply to Users while transacting business with
such Subscribing Provider. The Herbal Nutrition
Network is not responsible
for information provided by Users to Subscribing Provider or for
information provided by Subscribing Provider to Users. Subscribing
Provider and The Herbal Nutrition
Network are independent distributors and
neither party has authority to make any representations or commitments
on behalf of the other.
The Herbal Nutrition
Network expressly disclaims all representations and
warranties and/or liability relating to all interactions, of any nature,
you may have with any of the Subcribing Providers, Users or other
entities referenced on the Site or the Service. You agree to look solely
to such Providers, Users or entities, not the the Herbal Nutrition
Network, relating to
all claims, of any nature whatsoever, arising out of such interactions.
13.
Disclaimer. THE SERVICE CONTAINS OPINIONS, STATEMENTS, RECOMMENDATIONS AND
INFORMATION FROM THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. THE HERBAL
NUTRITION NETWORK DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS
AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR CREDIBILITY OF ANY
OPINION, STATEMENT, RECOMMENDATION OR OTHER CONTENT CONTAINED IN,
UPLOADED TO OR DISTRIBUTED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT YOU
WILL RELY ON ANY SUCH OPINIONS, STATEMENTS, RECOMMENDATIONS, INFORMATION
AND SERVICE CONTENT SOLELY AT YOUR OWN RISK. ALL FACETS OF THE SERVICE,
AND THE INFORMATION, FORMS AND AGREEMENTS FROM OR THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE FORMS, AGREEMENTS AND
DOCUMENTS, WHETHER PROVIDED BY THE HERBAL NUTRITION NETWORK OR A
THIRD-PARTY OR A SUBSCRIBING PROVIDER MAY CONTAIN ERRORS, BUGS, PROBLEMS
OR OTHER LIMITATIONS. THE HERBAL NUTRITION NETWORK AND ITS AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR A USER'S USE OF ANY
INFORMATION, FORM OR DOCUMENTS. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, THE HERBAL NUTRITION NETWORK AND THE AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR
THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE
HERBAL NUTRITION NETWORK AND USER. THIS SITE, THE SERVICE AND THE
FORMS, AGREEMENTS AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. IF, HOWEVER, DESPITE THE EXCLUSIONS CONTAINED IN THIS OR
PRECEDING PARAGRAPHS, THE HERBAL NUTRITION NETWORK SHOULD BE FOUND LIABLE
FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED
WITH THE USE OF THE SITE OR THE SERVICE, THE HERBAL NUTRITION NETWORK'S LIABILITY SHALL NOT EXCEED THE AMOUNT OF ANY FEES PAID BY YOU TO
THE HERBAL NUTRITION NETWORK IN CONNECTION WITH THE USE OF THE SERVICE OR
THE SITE.
a.
The plans, policies, services, forms, agreements and documents within
the Site or available through the Site may not be appropriate under the
circumstances for any particular transaction. The specifics of a given
situation may require provisions not contemplated in the plans,
policies, services, forms, agreements and documents. Requirements for
the validity of a plan, policy, service, form, agreement or document may
also vary greatly from state to state. Laws change rapidly and may be
interpreted differently in various jurisdictions. No representations,
warranties or guarantees whatsoever are made as to the accuracy,
currentness, completeness, adequacy, reliability, suitability or
applicability of any plan, policy, service, form, agreement or document
to a particular situation.
b.
The Site and the Service are provided with the understanding and
agreement that The Herbal Nutrition
Network and its Affiliated Parties are
not hereby engaged in rendering legal, accounting or other professional
services. If legal or other expert assistance is required, the services
of a competent professional should be sought. User assumes all
responsibilities and obligations with respect to any decisions or advice
made or given as a result of the use of any information provided by or
through the Site or the Service.
c.
All responsibility or liability for any damages caused by viruses
contained within the electronic file containing the form or document is
disclaimed.
14. Changes to Service or Agreement
The Herbal Nutrition
Networkmay modify, suspend or discontinue any portion
or service of the Service at any time, with or without notice. The Herbal Nutrition
Network reserves the right to modify the Agreement at
any time. You agree to review the Agreement periodically so that you are
aware of any modifications. Your continued use or membership of the
Service shall be deemed your acceptance of the modified Agreement
15.
Trademarks
Third-party trademarks, service marks, logos and trade names appearing
on the Site or through the Service are the property of their respective
owners.
16. Failure to Comply with Agreement
You acknowledge and agree that The Herbal Nutrition
Network may suspend or
terminate your membership account and/or deny you access to or use of
all or part of the Service without prior notice if you engage in any
conduct that The Herbal Nutrition
Network believes, in its sole discretion:
(a) violates any term or provision of the Agreement, (b) violates the
rights of The Herbal Nutrition
Network or third parties (c) or is otherwise
inappropriate for continued access and use of the Site or the Service.
In addition, The Herbal Nutrition
Network reserves the right to terminate
inactive membership accounts. You agree that upon termination, we may
delete all information related to your account and may bar your access
to your account and the Service.
17. Termination
You may discontinue your participation in and access to the Service at
any time. The Agreement will continue to apply to all past use of the
Service by you, even if you are no longer using it.
18. Refund Policy--If a member is
dissatisfied with the services provided by The Herbal Nutrition Network,
that member may request a refund by email
or by sending a registered letter to The Herbal Nutrition Network, P.O.
Box 216, Howard, Kansas 67349. This refund is limited to a maximum of
thirty (30) days. This refund is also limited exclusively to the website
services provided by The Herbal Nutrition Network; refunds cannot be
given due to dissatisfaction with sales, products, or association with
any outside interests beyond the website hosting services provided by
The Herbal Nutrition Network. For additional information concerning the
services policies of The Herbal Nutrition Network, refer to the
appropriate sections of this Terms of Use Agreement.
19.
Marketplace and System Integrity User may not manipulate the price, terms or other features of quotes
provided through the Service by any means including using a shill
(either a secondary account or third party), by bidding themselves, or
any other means. Subscribing Providers agree to provide accurate
representations of its policies, prices, services and other features and
attributes of offered services or products. User may not use any device,
software, or routine to interfere or attempt to interfere with the
proper working of the Service or any transaction being conducted on The Herbal Nutrition
Network.
20. Use of Information.
The Herbal Nutrition
Network
reserves the right, and Users authorize The Herbal Nutrition
Network, to
the use and assignment of all information regarding Site uses by User
and all information provided by User in any manner consistent with The Herbal Nutrition
Network's Privacy Policy.