PLEASE READ THIS
“TERMS OF USE” AGREEMENT CAREFULLY BEFORE USING
THE PRODUCTS AND SERVICES CONTAINED ON
HERBALHAPPY.COM.
This Terms of Use Agreement (the “Agreement”) is
made between "HERBALHAPPY.COM"
(hereinafter referred to as HERBALHAPPY.COM
(the “Company,” “we” or “us”) and you.
HERBALHAPPY.COM maintains this site (the
"HERBALHAPPY.COM site") for your personal
entertainment, information, education and
shopping convenience.
You are encouraged to use and enjoy the
HERBALHAPPY.COM site, and with your use and
purchase from the HERBALHAPPY.COM site, you
agree to these Terms of Service and Legal
Notices set forth below and the disclaimers and
terms and conditions stated on the
HERBALHAPPY.COM site ("Terms of Service").
You may only download material displayed on the
HERBALHAPPY.COM site for non-commercial,
personal use provided you also retain all
copyright, trademark and other proprietary
notices contained in the material, do not modify
or alter the material and do not copy or post
the material on any network computer or
broadcast the material in any media. It is
strictly prohibited to modify, transmit,
distribute, reuse, repost, "frame" or use the
content of the HERBALHAPPY.COM site
including the text, images, audio and/or video
for public or commercial purposes without
written permission from an authorized
representative of HERBALHAPPY.COM. It is
strictly prohibited to download the images of
the products for sale within this site.
Tampering with the site, misrepresenting the
identity of a user, using buying agents or
conducting fraudulent activities on the site are
prohibited.
LEGAL NOTICES
Disclaimers and Limitation of Liability
The
HERBALHAPPY.COM site is provided on an
"AS IS," "as available" basis. Neither
HERBALHAPPY.COM nor its affiliates,
subsidiaries, or designees nor each of their
respective officers, directors, employees,
agents, third-party content providers,
designers, contractors, distributors, merchants,
sponsors, licensors, distributors or the like
(collectively, "associates") warrant that use of
the HERBALHAPPY.COM site will be
uninterrupted or error-free. Neither
HERBALHAPPY.COM nor its associates warrant
the accuracy, integrity or completeness of the
content provided on the HERBALHAPPY.COM
site or the products or services offered for
sale on the HERBALHAPPY.COM site. Further,
HERBALHAPPY.COM makes no representation
that content provided on the
HERBALHAPPY.COM site is applicable or
appropriate for use in locations outside of the
United States. HERBALHAPPY.COM specifically
disclaims warranties of any kind, either
expressed or implied, including but not limited
to warranties of title or implied warranties of
merchantability or fitness for a particular
purpose. No oral advice or written information
given by HERBALHAPPY.COM, nor its
associates, shall create a warranty. You
expressly agree that use of the
HERBALHAPPY.COM site is at your sole risk.
Under no circumstances shall
HERBALHAPPY.COM or its associates be liable
for any direct, indirect, incidental, special or
consequential damages that result from the use
of or inability to use the HERBALHAPPY.COM
site, including but not limited to reliance by a
user on any information obtained at the
HERBALHAPPY.COM site, or that result from
mistakes, omissions, interruptions, deletion of
files or email, errors, defects, viruses, delays
in operation or transmission, or any failure of
performance, whether or not resulting from acts
of God, communications failure, theft,
destruction or unauthorized access to
HERBALHAPPY.COM records, programs or
services. The foregoing Limitation of Liability
shall apply whether in an action of contract,
negligence or other tortious action, even if an
authorized representative of
HERBALHAPPY.COM has been advised of or
should have knowledge of the possibility of such
damages. User hereby acknowledges that this
paragraph shall apply to all content,
merchandise and services available through the
HERBALHAPPY.COM site. Because some states
do not allow the exclusion or Limitation of
Liability for consequential or incidental
damages, in such states liability is limited to
the fullest extent permitted by law.
Errors on Our Site
Prices and availability are subject to change
without notice. Errors will be corrected where
discovered, and HERBALHAPPY.COM reserves
the right to revoke any stated offer and to
correct any errors, inaccuracies or omissions
including after an order has been submitted and
whether or not the order has been confirmed and
your credit card charged. If your credit card
has already been charged for the purchase and
your order is cancelled, HERBALHAPPY.COM
will issue a credit to your credit card account
in the amount of the charge. Individual bank
policies will dictate when this amount is
credited to your account.
While
HERBALHAPPY.COM takes steps to ensure
the accuracy and completeness of product and
third-party services provided, please refer to
the originator of information for details, for
example the manufacturer for complete product
details.
Quantities May be Limited
HERBALHAPPY.COM may, at its own discretion,
limit or cancel quantities purchased per person,
per household or per order. These restrictions
may include orders placed by the same
HERBALHAPPY.COM account, credit card, and
also orders which use the same billing and/or
shipping address. Notification will be sent to
the e-mail and/or billing address provided
should such change occur. We reserve the right
to limit the quantities sold, including the
right to limit or prohibit sales to dealers.
Proprietary Rights
Content included on or comprising the
HERBALHAPPY.COM site, including
information, data, software, photographs,
graphs, videos, typefaces, graphics, music,
sounds and other material (collectively
"Content") are protected by copyrights,
trademarks, patent or other proprietary rights,
and these rights are valid and protected in all
forms, media and technologies existing now or
hereinafter developed. All Content is
copyrighted as a collective work under the U.S.
and international copyright laws, and
HERBALHAPPY.COM owns, to the fullest extent
allowed by such laws, the copyright in the
selection, coordination, arrangement, and
enhancement of such Content. Except as expressly
authorized or licensed, you may not copy,
modify, remove, delete, augment, add to,
publish, transmit, participate in the transfer
or sale, lease or rental of, create derivative
works from or in any way exploit any of the
Content, in whole or in part.
The
HERBALHAPPY.COM logos and other
trademarks on the site are the property of their
respective owners and are owned by, licensed to,
or, where required, used with permission by
HERBALHAPPY.COM and may not be reproduced,
copied, or manipulated in any manner without the
express, written approval of the trademark
owner.
HERBALHAPPY.COM does not want to receive
confidential, proprietary or trade secret
information through the HERBALHAPPY.COM
site (excluding information relating to any
order you submit). Please note that any
information, materials, suggestions, ideas or
comments sent to the HERBALHAPPY.COM site
will be deemed non-confidential, and, by
submitting any such information, you are
granting HERBALHAPPY.COM an irrevocable and
unrestricted license to use, modify, reproduce,
transmit, display and distribute such materials,
information, suggestions, ideas or comments for
any purpose whatsoever. However, we will not use
your name in connection with any such materials,
information, suggestions, ideas or comments
unless we first obtain your permission or are
otherwise required by law to do so.
Export
Certain software from the
HERBALHAPPY.COM
site may be further subject to United States
Export Controls. No such software from this site
may be downloaded or exported contrary to any
such laws, which may include prohibitions
against download or export 1) into (or to a
national or resident of) Cuba, Iran, Iraq,
Libya, North Korea, Syria or any other country
to which the United States has embargoed goods;
or 2) anyone on the United States Treasury
Department's list of Specially Designated
Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using
software, you agree to abide by the laws, rules
and regulations — including, but not limited to
the Export Administration Act and the Arms
Export Control Act — applicable to such download
or use and not to transfer, by electronic
transmission or otherwise, any Content derived
from HERBALHAPPY.COM to either a foreign
national or a foreign destination in violation
of any such laws.
Applicable Law
The
HERBALHAPPY.COM site is created,
operated and controlled by HERBALHAPPY.COM
in the State of CA, United States of America. As
such, the laws of the State of CA will govern
these Terms of Service without giving effect to
any principles or conflicts of laws. We reserve
the right to make changes to the
HERBALHAPPY.COM site and these Terms of
Service at any time by updating this posting. By
using the HERBALHAPPY.COM site, you agree
to be bound by any such revisions and should
therefore periodically visit this page to
determine the then current Terms of Service to
which you are bound.
HERBALHAPPY.COM is an independent Herbalife
distributor.
The Web site address for the
HERBALHAPPY.COM site is:
http://HERBALHAPPY.COM
References to HERBALHAPPY.COM herein refer
to HERBALHAPPY.COM, HERBALHAPPY.COM or
it or their affiliates, subsidiaries and
designees as deemed appropriate by
HERBALHAPPY.COM. The mailing address for
HERBALHAPPY.COM is 24591 Del Prado #201,
Dana Point, CA 92629.
Links to Third-Party Web Sites
The
HERBALHAPPY.COM site contains links to
other sites. The links are meant to enable
access to publicly available information to
those who are allowed to the
HERBALHAPPY.COM site only.
HERBALHAPPY.COM makes no representations
whatsoever about any other Web site which you
may access through the HERBALHAPPY.COM
site. When you leave the HERBALHAPPY.COM
site, please understand that
HERBALHAPPY.COM has no control over the
content on that Web site. In addition, a link to
a non-HERBALHAPPY.COM Web site does not
imply and does not constitute sponsorship,
endorsement, approval or responsibility for the
content, or the use of such third-party Web
site. HERBALHAPPY.COM makes no
representation or warranty as to any third-party
products or services. No rights to use or copy
the information on this or the third-party site
are granted or implied.
These Terms of Service represent the entire
agreement between you and HERBALHAPPY.COM
regarding your relationship with
HERBALHAPPY.COM and supercede any prior
statements or representations. By using the
HERBALHAPPY.COM site YOU AGREE TO BE BOUND
BY THE TERMS OF SERVICE. If you are dissatisfied
with the HERBALHAPPY.COM site or any
content on the HERBALHAPPY.COM site or with
these Terms of Service, your sole and exclusive
remedy is to discontinue using the
HERBALHAPPY.COM site.
