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An Herbalife Account gives you access to services such as MyHerbalife and GoHerbalife, and combines all of your existing Herbalife Accounts into one so (1) you can more easily manage your contact information; (2) your independent Herbalife Member(s) can more easily manage your relationship with them; and (3) your contact information is secured by a password that meets Herbalife's current security standards.
Herbalife International of America, Inc.’s privacy program, described in this privacy statement, complies with the Asia Pacific Economic Cooperation (APEC) Cross-Border Privacy Rules system (CBPRs). CBPRs provides a framework for organizations to ensure protection of personal information transferred among participating APEC economies. More information about the APEC Privacy Framework and CBPRs can be found here. To view our certification, please see the APEC CBPR System Directory. For more information on the scope of our participation, or to submit a privacy inquiry through BBB National Programs, our Accountability Agent, please click on the official seal below:
Last Revised: July 1, 2023
This Privacy Policy (“Policy”) applies to Herbalife International of America Inc. and its U.S. affiliate entities (“Herbalife Nutrition”). It applies to all information collected by Herbalife Nutrition through its online properties and mobile applications (the “Sites”) where this Privacy Policy is posted. It also applies to information that Herbalife Nutrition collects through offline methods. Unless otherwise indicated, this Policy does not apply to an Herbalife Nutrition Independent Distributor’s (“Distributor” or “Herbalife Nutrition Distributor”) collection or use of information obtained by the Distributor directly from you or from sources other than Herbalife Nutrition, unless it then is shared with and retained by Herbalife Nutrition.
The purpose of this Privacy Policy is to inform you of the kinds of information we may collect, how such information may be used, with whom such information may be shared, your choices regarding the collection, use and sharing of such information, your ability to access, delete and correct such information and the security procedures we use to protect this information.
1. What information does Herbalife Nutrition collect?
Information You Provide Us Directly
At different occasions, you may provide information directly to Herbalife Nutrition, first and last name, mailing address, telephone number, email address, credit card information, banking information, biometric data, and biographical information (including, but not limited to, date of birth, education, professional details, and marital status). For example, you may provide us with information when using the Sites, responding to surveys or questionnaires, or when becoming an Herbalife Nutrition Distributor or an Herbalife Nutrition Preferred Member (“Preferred Member”). If you do not provide us with the requested information, in some cases, we will not be able to provide you the service you have requested.
For Herbalife Nutrition Distributors, Preferred Members, and Customers, we collect information about products you purchase online and information voluntarily uploaded by members on the Sites, such as their leads and marketing efforts. In addition, we collect information about Herbalife Nutrition Distributor’s commissions, bonuses or discounts.
If you disclose to us any information of another individual, you are required to have secured the appropriate consent of that individual for disclosing such information to us.
Information About Your Device and Your Use of the Sites
We may gather certain information automatically, such as Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamps, your Site activity (including the Site content you view, mouse movements, mouse clicks, taps, swipes, and information you view), and/or clickstream data for purposes such as analyzing trends, administering the Sites, improving the function and content of the Sites, and enforcing our Terms. We use standard Internet technologies, such as cookies, web beacons, pixels, and similar technologies to collect this information, as explained below in the section on cookies. We may also use session replay/screen capture technology or similar technologies to collect on a real-time basis information on how you use and navigate the Sites. This may include mouse movements, how you scroll through the Sites, and certain keystroke information.
We may also collect precise information about your location, such as your mobile device’s GPS coordinates, cell tower information and/or Wi-Fi signals. Herbalife Nutrition may use this information to personalize your experience in connection with your use of the Sites, Nutrition Clubs, or other Herbalife Nutrition products and services. If you do not want Herbalife Nutrition to collect and use your specific geolocation information, you can disable the location features on your device. Check your device manufacturer settings for how to do so.
Information from Third-Party Sources
We may receive additional information about you from public and commercially available sources and other third parties. Distributors may also share information about you with Herbalife Nutrition. If you access third-party services, such as Facebook, Google, or Twitter through the Sites, to log in to the Sites or to share information about your experience on the Sites with others, we may collect information from these third-party services. We may combine all of the information we collect and receive about you, both online and offline, and use or disclose it in the manner described in this Privacy Policy.
2. How does Herbalife Nutrition use my Information?
We use the information we collect about you for a variety of purposes, including: providing you with the products, services and support you request; processing your transactions and shipping your orders; communicating with you about your account or transactions, changes to our policies and other administrative matters, or your questions and comments; to better understand your interests in order to provide you with promotional information, relevant content, product recommendations, surveys, questionnaires, and other materials; improving our products, services and operations; conducting data analytics, such as market and consumer research, trend analysis, and financial analysis; administering rewards programs; providing public recognition, awards, and/or celebrations for achievements and/or advancements made in the Herbalife Nutrition Sales & Marketing Plan, including through, among other channels, social media, our Sites, or at Company functions and events; providing personalized services you request such as nutrition management and sports performance testing; and ensuring compliance with or enforcing our Company policies, member rules, the law, and our rights, including handling and investigating complaints and other inquiries, or as we believe is necessary to prevent against harm or to protect, enforce or defend the legal rights, privacy, safety or property of ourselves and others. We also use this information to validate sales made by Herbalife Nutrition Distributors, to help Herbalife Nutrition Distributors search for, communicate with and validate customers in our systems, and for Herbalife Nutrition’s compliance purposes. We may also use personal information to detect, investigate, prevent, or take action regarding possible fraudulent or illegal activity, including fraudulent transactions or unusual sign-in activities to your account. Herbalife Nutrition or its authorized third parties may contact you directly for these purposes using various contact methods described in section 4, “How will Herbalife Nutrition Communicate with me?”
Herbalife Nutrition may also use this information to support the operation of the Preferred Memberships and Distributorships, and to maintain proper functioning of the Herbalife Nutrition Sales & Marketing Plan. For example, information about Preferred Members may be used to support, calculate and track your product discount and to provide you with information on special promotions. Information about Herbalife Nutrition Distributors may be used to support, calculate and track discounts, earnings and bonuses; conduct data analytics, such as predicting and assessing Distributors’ eligibility for discounts, earnings, commissions and bonuses; issue payments and report income to taxing authorities; provide training; and ensure compliance with applicable law and Company policies, plans and agreements, including the Distributorship Application and Agreement.
We may retain your information for as long as needed to: provide you services; fulfill other legitimate business needs, such as maintaining the proper function of the Sales & Marketing Plan; fulfill our compliance and legal obligations; and resolve disputes and enforce our agreements, including the Distributorship Agreements.
3. With whom does Herbalife Nutrition share my Information?
Affiliates and Partners
We may share your information with our affiliates (companies that control, are controlled by, or are under common control with, Herbalife Nutrition) as well as select partners. Examples of how these entities may use your information include making predictions about your interests and providing you with special offers, promotions, advertisements, and other materials.
Vendors & Service Providers
We may share your information with vendors that perform functions on our behalf. Examples of such functions include fulfilling orders, delivering packages, email administrative functions, conducting data analytics and helping us make our advertising more relevant (including through AI-based analysis), processing credit card payments, investigating fraudulent, illegal, or otherwise noncompliant activity, and providing customer service.
Herbalife Nutrition Independent Distributors
If you are an Herbalife Nutrition Distributor, Preferred Member, or Customer, we may share your information with other Herbalife Nutrition Distributors, including without limitation as part of a Lineage Report which contains information about Distributors and Preferred Members in an Herbalife Nutrition Distributor’s downline or about Customers of a Distributor. (The downline organization consists of all Distributors and Preferred Members that were personally sponsored by a particular Distributor, and in turn, all other persons sponsored by the subsequent Distributors.) The information about Distributors, Preferred Members and Customers that may be shared with other Distributors includes name; contact information; birthday; level or rank; Herbalife ID number; documented and non-documented volume and sales statistics; purchasing history and data; unredeemed reward information; marketing preferences; and information collected in connection with health and wellness surveys (such as gender, age range, height, weight, target weight, wellness priorities, and activity levels). To the extent required by applicable law, we will obtain your consent to share your health and wellness information with other Distributors. To the extent the Lineage Report contains data from residents outside of the United States, including residents of the European Union, we have taken appropriate measures to protect the data in accordance with applicable law. Lineage Reports are provided to Distributors in strict confidence and for the sole purpose of supporting the Distributors in further developing their Herbalife Nutrition businesses, including for use in marketing tools and platforms.
We may share your information with Distributors to offer and provide you with products and services, and these Distributors may further share your information as described in their privacy policies. For example, if you use some of our Sites, such as GoHerbalife.com and our Weight Loss Challenge Site (HerbalifeWLC.com), your information may be shared with one or more Distributors servicing those sites. Similarly, if you participate in a Nutrition Club, we may share your information with any of the Distributors operating the Nutrition Club. We may also share your information with Distributors so that they can provide you with a more personalized experience, such as recommending products and services that are most relevant to you. If you are a Distributor, we may share your information with your upline Distributors so they can manage their organizations and provide you with personalized support and training. Herbalife Nutrition Distributors who receive your information are bound by the terms of their Distributorship Agreement and the privacy and data protection covenants contained therein. Some of these Distributors may be based in countries that do not offer the same or a similar level of privacy protection as is available in your own country.
We may also share personal data with Distributors if it is necessary to investigate any complaints, alleged rules violations, or other similar types of inquiries. If you operate a Nutrition Club, we may share the location of that Club with Preferred Members, customers, and other Herbalife Nutrition Distributors.
Legal & Compliance Disclosures
We may also disclose your information: as required by law, such as to comply with a subpoena, legal proceedings, or similar legal process, including disclosure to authorized third-party auditors; or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate or prevent fraud, or respond to a government request.
Business Transitions
We may share your information if Herbalife Nutrition is involved in a merger, acquisition, or sale of or transfer of assets, or in the unlikely event of bankruptcy.
Other Parties in Aggregated Form
We may share your information with third parties in aggregated or de-identified form.
Other Parties with Your Consent
In addition to the sharing described in this Privacy Policy, we may also share information about you with third parties for any other purpose disclosed to you at the time we collect the information or pursuant to your consent or direction.
4. How will Herbalife Nutrition communicate with me?
Herbalife Nutrition may communicate with you via email, postal mail, telephone, text message, or other means on a regular basis to provide requested products and services and/or in regard to issues relating to your Herbalife Nutrition business (if you are a Distributor). In order to validate customer sales, Herbalife Nutrition may communicate with you via email, postal mail, telephone, text message, or other means on a regular basis (if you are a Customer).
Additionally, you may receive periodic information on Herbalife Nutrition’s business, products, services, special deals, and the Herbalife Nutrition Foundation through various communication means as described above. Herbalife Nutrition Distributors and Preferred Members may manage certain communications within their MyHerbalife Communications Preferences center. In addition, you may manage these kinds of communications by following the instructions provided in the communication or by contacting us at 866-866-4744.
5. Is my Personal Information Secure?
We take steps to ensure that the personal information we collect about you remains accurate, timely and secure. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure and while we strive to protect your personal information, we cannot guarantee or warrant its complete security.
6. How can I Exercise Any Applicable Rights, Such as Accessing or Correcting my Information?
In some instances, you may visit one or more of our Sites to verify and update certain information (for example, certain Distributor and Preferred Member account information on MyHerbalife). If you are not able to update your information on our Sites, please contact us. We will use commercially reasonable efforts to accommodate requests to update your information.
If you reside in California, Colorado, Connecticut, Utah or Virginia, you may have certain rights regarding your personal information. If you are a California resident, for more information about your privacy rights, please see the Supplemental Privacy Notice for California Residents.
The Right to Access, Correct, and Delete Personal Information.
If you are a Colorado, Connecticut, Utah, or Virginia resident, you may have the right to: (1) request access to, correction or deletion of, your personal information; or (2) opt out of the processing of your personal information for purposes of targeted advertising or the sale of your personal information, or (3) appeal our decision with respect to a request you have submitted. If you are a Colorado or Connecticut resident, you may authorize an agent to submit an opt-out request on your behalf. If you designate an authorized agent to make a request on your behalf, you must (1) verify your identity directly with us and (2) provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. To submit a request to access, correct, or delete your personal information, or to appeal a decision, or for assistance with any of these rights, follow the instructions provided in this link https://privacyportal.onetrust.com/webform/46601746-6006-4c21-88ec-15dfa5b7dcdc/349bb89d-7008-46f7-b765-717966e11235 or call 1-888-926-8905. This line is open Monday to Friday from 8:00 a.m. to 5:00 p.m. Pacific Standard Time. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. This verification process may require you to provide your Member ID, or other pieces of personal information that we already hold about you, or, in certain circumstances, a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.
The Right to Opt-Out of (i) Sales or Sharing of Personal Information and (ii) Targeted Advertising.
Depending on your state of residence, applicable law may define “sale” very broadly and includes the disclosure of personal information for anything of value. We do not sell your personal information in exchange for monetary consideration. We may disclose your personal information by allowing certain third parties (such as social media networks, data analytics providers, and online marketing and advertising services) to collect personal information via automated technologies (such as cookies or pixels) on our Sites for social networking and advertising purposes. Under applicable law, these kinds of disclosures may constitute “targeted advertising,” or a “sale” when the personal information is exchanged for non-monetary consideration, or “sharing” when the personal information is disclosed for cross-context behavioral advertising purposes.
The categories of personal information that we may sell, share, or use for targeted advertising (and may have sold or shared or used for targeted advertising during the 12-month period prior to the effective date of this Notice) includes identifiers, commercial information, online activity/device and site usage information, and geolocation data.
Visitors to our US websites can opt-out of the processing of their personal information for purposes of targeted advertising, or the sale or sharing of personal information, by clicking on the Do Not Sell or Share My Personal Data/Opt-Out of Targeted Advertising link at the bottom of the Sites and following the instructions in that link.
In addition, California and Colorado residents may use an opt-out preference signal, such as the Global Privacy Control (“GPC”), to opt-out of the sale or sharing of your personal data. If you choose to use a browser that supports the GPC signal, you will need to enable it for each supported browser that you use on your device. If enabled and broadcasting a signal to not sell or share your data, the GPC will be applied to your browser. If you are logged into your Herbalife account (such as MyHerbalife.com) while a GPC is enabled on your browser, it will be applied to your account while logged into the site and using that same browser. We otherwise do not associate your devices or browsers with any user account. If you clear your cookies or use a private browsing mode, such as “incognito mode,” and later visit our sites, you will need to have your GPC enabled for the GPC to be applied again to your browser.
If you are a California or Colorado resident, for more information about our processing of personal information, please see the Supplemental Privacy Notice for California Residents and Supplemental Privacy Notice for Colorado Residents.
7. International Transfers.
The Sites are headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Sites may be collected in your country and subsequently transferred to another country in accordance with applicable law. Using the Sites demonstrates your consent to the processing of information as described in this Policy.
8. Children’s Information.
The Sites are general audience websites that are not directed to children younger than 13. We do not knowingly collect, use or disseminate any personal information from children under the age of 13, unless permitted by law. If you believe we may have collected personal information from your child on the Sites, please contact us at Privacy@Herbalife.com and we will make reasonable efforts to delete it from our records, when required by law
With parental consent, we allow minors to join as a member. Given the broad definitions of “sale” and “share” under California law, if minors access our sites that utilize online tracking technologies, their information may be sold or shared. We may therefore sell or share the personal information of minors under 16 years of age under these limited circumstances.
9. Cookies and Tracking.
Herbalife Nutrition, as well as certain third parties that provide content and other functionality on our Sites, use cookies, web beacons, pixels, session replay/screen capture, software developer kits, and other similar technologies to collect or receive information for various purposes, including to analyze trends, administer the website, track users’ movements around the Sites, provide measurement services and targeted ads, and to gather demographic information about our user base as a whole.
Cookies are small pieces of information that are stored on computer hard drives. A cookie enables the entity that put the cookie on your device to recognize it across different websites, services, devices, and browsing sessions. For example, we may use cookies to recognize you when you return to the Sites in order to provide you with a better user experience. We may allow third parties to use cookies on the Sites, but we do not control the use or contents of third-party cookies. Web browsers often allow you to configure the browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. If you elect to reject cookies, please note that you may not be able to take full advantage of the features and functions of the Sites. To learn more about cookies and how to manage them, please visit http://www.allaboutcookies.org/.
Web beacons and similar technologies are small bits of code, which are embedded in web pages, advertisements, and emails, that communicate with third parties. We use web beacons, for example, to count the number of users who have visited a particular webpage, to deliver or communicate with cookies, and to understand usage patterns. We also may include web beacons in emails to understand whether messages have been opened, acted on, or forwarded.
There are other local storage and internet technologies, such as Local Shared Objects (also referred to as “Flash cookies”), HTML5 local storage and embed scripts, which can operate similarly to the cookies discussed above. Please note that these technologies are distinct from cookies, and you may not be able to control them using standard browser tools and settings. For information about managing Flash cookies, please click www.adobe.com/privacy.html. To learn more about Adobe analytics and to opt out, click www.adobe.com/privacy.html.
We may use Bluetooth beacon technology to improve the Nutrition Club experience. Mobile devices that have enabled Bluetooth can receive a signal when in range of a beacon. The signals will not be received unless the user has turned on Bluetooth, installed an Herbalife Nutrition mobile application and enabled push notifications. The beacon functionality may allow for notifications, customer check-ins, and payments. You can disable the beacon functionality in the app’s settings.
10. Do Not Track.
Web browsers may allow you to send “Do Not Track” requests. We do not currently take actions to respond to Do Not Track signals because there is no current industry standard concerning what, if anything, websites should do when they receive such signals. We continue to review new technologies and may adopt a standard if and when one is created.
11. Online Advertising.
We may display advertising on our website and partner with third parties to manage advertising on other websites for our products and services. We may also partner with third parties, including business partners, advertising networks, and other advertising service providers, who gather information about you on our Sites and other sites to provide you with advertisements on the Sites and elsewhere online based on your browsing history and tailored to your interests, preferences, and characteristics. Cookies, pixels, or other similar technologies may be used to provide you with advertising based upon your browsing activities and interests, and in some cases, the information in these cookies and in other technologies may be linked to your email address, which we may share with our service providers. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Policy.
Some third parties collect information about users of our Sites to provide interest-based advertising on our Sites and elsewhere, including across browsers and devices. These third parties may use the information they collect on our Sites to make predictions about your interests in order to provide you ads (from us and other companies) across the internet. Some of these third parties may participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising. Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable targeted ad technologies in mobile apps. Many mobile devices allow you to opt out of targeted advertising for mobile apps using the settings within the mobile app or your mobile device. For more information, please check your mobile settings. You also may uninstall our apps using the standard uninstall process available on your mobile device or app marketplace.
To opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit the websites operated by the Network Advertising Initiative (//www.networkadvertising.org/choices/) and the Digital Advertising Alliance (//www.aboutads.info/choices/). You may also be able to opt out of interest-based advertising through the settings within the mobile app or your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable all cross-device linking for interest-based advertising. Further information in local languages may be available at www.youronlinechoices.com/. If you are located in the European Union, more information is available at http://www.youronlinechoices.eu/. Please note that even if you use an industry-based opt-out for interest-based advertising, you will continue to receive generic advertisements and your experience on our Sites may be degraded.
12. Online Forums.
The Sites may offer publicly accessible community forums. You should be aware that any information you provide in these areas is public and may be read, collected, and used by others who access them. To request removal of your personal information from these forums, email us at Privacy@Herbalife.com. In some cases, we may not be able to remove your personal information.
13. Third-Party Links.
The Sites may contain links to websites operated and maintained by third parties over which we have no control. Any information you provide to third-party websites will be governed under the terms of each websites' privacy policy and we encourage you to investigate such policies before disclosing any information to the operators of third-party websites. We have no responsibility or liability for the content, actions or policies of third-party websites. The inclusion of links to third-party websites on our Sites in no way constitutes an endorsement of such websites' content, actions or policies.
14. Third-Party Functionality.
Some of the functionality on the Sites may be provided by third parties that are not affiliated with Herbalife Nutrition. These entities may collect or receive certain information about your use of the Sites, including through the use of cookies, Web beacons, and similar technologies. Herbalife Nutrition is not responsible for the privacy practices of these entities.
If you access third-party services, such as Facebook, Google, or Twitter, through the Sites, to log in to the Sites or to share information about your experience on the Sites with others, these third-party services may be able to collect information about you, including information about your activity on the Site, and they may notify your connections on the third-party services about your use of the Site, in accordance with their own privacy policies.
15. Modifications to this Policy.
This Privacy Policy was last updated on the date listed at the beginning of this Policy. Herbalife Nutrition reserves the right to change this Privacy Policy at any time. Any changes to this Policy will be effective immediately upon notice, which may be provided to you by posting the latest version on the Sites. Your subsequent use of the Sites will be deemed acceptance of such changes. Be sure to review this Privacy Policy periodically to ensure familiarity with its most current version. By using the Sites following the posting of changes to this Privacy Policy, you agree to all such changes.
16. What if I have questions?
Herbalife Nutrition takes privacy concerns seriously. If you have questions or comments, you may contact us at: 800 West Olympic Blvd., Suite 406, Los Angeles, California 90015 (Attn: Privacy Dept.), Privacy@Herbalife.com, 866-866-4744.
Effective Date: January 1, 2020
Last Revised: July 1, 2023
This Supplemental Privacy Notice supplements the information in our Privacy Policy above and applies solely to California consumers. We adopt this Supplemental Notice to comply with the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and its implementing regulations (collectively, the “CCPA”). This Supplemental Privacy Notice uses certain terms that have the meanings given to them in the CCPA.
Notice of Collection and Use of Personal Information
We may collect (and may have collected during the 12-month period prior to the effective date of this Supplemental Privacy Notice) the following categories of personal information about you:
· Identifiers: identifiers such as name, date and place of birth, permanent residence, home and business addresses, email address, telephone numbers, unique personal identifiers, online identifiers, Member ID, Customer ID, Distributorship ID, account name, signature, Social Security number, tax ID number, Internet Protocol address, and driver’s license, state identification card, or passport numbers.
· Protected Classifications: characteristics of protected classifications under California or federal law, such as race, national origin, age, sex, or gender.
· Financial Information: bank account number, credit card number, debit card number, and similar banking information
· Commercial Information: commercial information such as transaction data, products or services purchased, obtained or considered, and other purchasing or consuming histories or tendencies
· Health and Medical Information: information that you voluntarily provide in response to surveys or questionnaires, including physical characteristics or descriptions, and other data related to your body, diet, activities, or physiology.
· Biometric Information: biometric information such as facial geometry.
· Online Activity: Internet or other electronic network activity information, such as browsing history, search history or information regarding your interaction with websites, applications or advertisements
· Geolocation Data: general location and precise GPS location
· Sensory information: audio, electronic, visual and similar information, such as audio recordings if you call our customer service, or recorded presentations in which you participate; photographs taken at Company functions or events; audio, electronic, visual, thermal, olfactory, or other similar information from your voluntary participation in any sensory testing of Herbalife products.
· Professional or Education information
· Inferences: inferences drawn from any of the information identified above, such as individual profiles, preferences, characteristics, or behaviors.
We may use (and may have used during the 12-month period prior to the effective date of this Supplemental Privacy Notice) the categories of personal information listed above for the purposes described in our Privacy Policy, and for the following business or commercial purposes (as those terms are defined in applicable law):
Examples of these types of uses include:
· Providing you with the products, services, and support you request
· Processing your transactions and shipping orders;
· Communication with you about your account or transactions, changes to our policies and other administrative matters, or your questions and comments;
· To better understand your interests in order to provide you with promotional information, relevant content, product recommendations, surveys, questionnaires, and other materials;
· Improving our products, services and operations;
· Conducting data analytics;
· Administering rewards programs;
· Providing personalized services you request;
· Ensuring compliance with our Company policies and Rules and the law, or as we believe is necessary to protect, enforce or defend the legal rights, privacy, safety or property of ourselves and others;
· To validate sales made by Herbalife Nutrition Distributors;
· To help Herbalife Nutrition Distributors search for, communicate with and validate customers in our systems;
· For Herbalife Nutrition’s compliance purposes;
· To support the operation of the Preferred Memberships and Distributorships, and to maintain proper functioning of the Herbalife Nutrition Sales & Marketing Plan.
Sources of Personal Information
During the 12-month period prior to the effective date of this Supplemental Privacy Notice, we may have obtained personal information about you from the following categories of sources:
· Directly from you, such as when you complete forms, take surveys, or create profiles on our Sites
· From your devices, such as through your use of our services
· Distributors
· Merchants
· Our affiliates and subsidiaries
· Vendors or Service Providers who provide services on our behalf
· Our business partners
· Social networks
· Data analytics providers
· Public and commercially available sources
Disclosure of Personal Information
We may disclose personal information to the following categories of third parties:
· Distributors
· Merchants
· Our affiliates and subsidiaries
· Vendors or Service Providers who provide services on our behalf
· Professional services organizations, such as auditors or law firms
· Data analytics providers
· Our business and joint marketing partners
· Social networks
· Online advertising services and advertising networks
· Financial institutions
During the 12-month period prior to the effective date of this Supplemental Privacy Notice, we may have disclosed the following categories of personal information (as defined above) about you for a business purpose to the following categories of third parties:
· Identifiers: Service providers, Affiliates and Subsidiaries, Distributors, Merchants, financial institutions, Professional services organizations, online advertising services and advertising networks, social networks
· Protected Classifications: Service providers, Affiliates and Partners
· Financial Information: Service providers, Merchants, Financial Institutions
· Commercial Information: Service providers, Affiliates and Partners, Distributors, Merchants
· Health and Medical Information: Service providers, Affiliates and Partners, Distributors
· Online Activity: Service Providers, Affiliates and partners, Advertising services and advertising networks, social media networks
· Geolocation Data: Service providers, Affiliates and partners
· Sensory information: Service providers, Affiliates and partners
· Professional or Education information: Service providers, Affiliates and partners, Distributors
· Inferences: Service providers, Affiliates and partners
In addition to the categories of third parties identified above, during the 12-month period prior to the effective date of this Supplemental Privacy Notice, we may have disclosed personal information about you to government entities (e.g., in response to law enforcement requests).
For information concerning the “sale” or “sharing” of personal information, please see Section 6 of our Privacy Policy.
Retention of Personal Information
We will retain your personal information for the time period reasonably necessary to achieve the purposes described in our Privacy Policy and this Supplemental Privacy Notice, or any other notice provided at the time of collection, taking into account applicable statutes of limitation and records retention requirements under applicable law.
California Consumer Privacy Rights
If you are a California resident, you have certain rights regarding your personal information, as described below.
· Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold or shared about you during the past 12 months.
· Correction: You have the right to request that we correct the personal information we maintain about you, if that information is inaccurate.
· Deletion: You have the right to request that we delete certain personal information we have collected from you. Please note that we need certain types of information so that we can provide the services to you. If you ask us to delete it, you may no longer be able to access or use our Sites.
· Opt-Out of Sale or Sharing: You have the right to opt out of the sale of your personal information or the sharing of your personal information for cross-context behavioral advertising purposes.
How to Submit a Request.
Some of our Sites allow you to review and update your personal information or cancel certain provisions of your Herbalife Nutrition Distributorship. To submit a request to access, correct or delete your personal information or for assistance with any of these rights, follow the instructions in this link https://privacyportal.onetrust.com/webform/46601746-6006-4c21-88ec-15dfa5b7dcdc/349bb89d-7008-46f7-b765-717966e11235 or call 1-888-926-8905. This line is open Monday to Friday from 8:00 a.m. to 5:00 p.m. Pacific Standard Time.
To opt-out of the sale or sharing of your personal information, please see the instructions in Section 6 of our Privacy Policy.
Verifying Requests. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. This verification process may require you to provide your Member ID, or other pieces of personal information that we already hold on you, or, in certain circumstances, a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to make a request on your behalf, please email us at privacy@herbalife.com to (1) verify your identity directly with us and (2) provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf.
Additional Information. We will not discriminate against anyone for exercising any of their rights. We typically do not charge a fee to process or respond to your verifiable consumer request. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request if it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Shine the Light
Residents of the State of California also have the right to request from companies conducting business in California a list of all third parties, if any, to which the company has disclosed personal information during the preceding year for direct marketing purposes (e.g., requests made in 2023 will receive information about 2022 disclosure activities). We comply with this law by offering California residents the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please email us at Privacy@Herbalife.com. You must include the name of this Site and “California Resident” as the subject line, and your full name, email address, and postal address in your message. Please note that any request under this paragraph will be limited to Herbalife Nutrition's use and disclosure of your personal information. You will need to make the same request of your Herbalife Nutrition Independent Distributor if you would like to obtain information about any disclosure that he or she has made of your personal information.
Changes to Our Privacy Notice
We reserve the right to amend this Supplemental Privacy Notice at our discretion and at any time. When we make changes, we will post the updated Supplemental Privacy Notice on the website and update the effective date. Your continued use of our website following the posting of changes to this Supplemental Privacy Notice constitutes your acceptance of such changes.
Effective Date: July 1, 2023
Last Revised: July 1, 2023
This Supplemental Privacy Notice for Colorado Residents supplements the information in our Privacy Policy above and applies solely to Colorado consumers. We adopt this Supplemental Notice to comply with the Colorado Privacy Act (the “CPA”). This Supplemental Privacy Notice uses certain terms that have the meanings given to them in the CPA.
Category of Personal Information | Processing Purpose(s) | Categories of Third Parties with Whom We Disclose Personal Information |
Contact information, such as first and last name, mailing address, telephone number, and email address | · Providing you with the products, services and support you request · Processing your transactions and shipping your orders · Communicating with you about your account or transactions, changes to our policies and other administrative matters, or your questions and comments · Better understanding your interests in order to provide you with promotional information, relevant content, product recommendations, surveys, questionnaires, and other materials; · Improving our products, services and operations · Conducting data analytics, such as market and consumer research, trend analysis, and financial analysis; administering rewards programs · Providing personalized services you request, such as nutrition management and sports performance testing · Ensuring compliance with or enforcing our Company policies, member rules, the law, and our rights, including handling and investigating complaints and other inquiries, or as we believe is necessary to prevent against harm or to protect, enforce or defend the legal rights, privacy, safety or property of ourselves and others · Validating sales made by Herbalife Nutrition Distributors · Helping Herbalife Nutrition Distributors search for, communicate with and validate customers in our systems · Compliance purposes · Detecting, investigating, preventing, or taking action regarding possible fraudulent or illegal activity, including fraudulent transactions or unusual sign-in activities to your account · Supporting the operation of the Preferred Memberships and Distributorships · Maintaining proper functioning of the Herbalife Nutrition Sales & Marketing Plan
| · Distributors · Merchants · Financial Institutions · Professional Services Organizations · Online Advertising Services and Advertising Networks · Data Analytics Providers · Social Networks · Government Entities |
Payment information, such as credit card information, and bank account information | · Providing you with the products, services and support you request · Processing your transactions and shipping your orders · Communicating with you about your account or transactions, changes to our policies and other administrative matters, or your questions and comments · Ensuring compliance with or enforcing our Company policies, member rules, the law, and our rights, including handling and investigating complaints and other inquiries, or as we believe is necessary to prevent against harm or to protect, enforce or defend the legal rights, privacy, safety or property of ourselves and others · Validating sales made by Herbalife Nutrition Distributors · Compliance purposes · Detecting, investigating, preventing, or taking action regarding possible fraudulent or illegal activity, including fraudulent transactions or unusual sign-in activities to your account · Supporting the operation of the Preferred Memberships and Distributorships · Maintaining proper functioning of the Herbalife Nutrition Sales & Marketing Plan
| · Merchants · Financial Institutions · Government Entities · Professional Services Organizations |
Biographical information, such as date of birth, education, professional details, and marital status | · Providing you with the products, services and support you request · Better understanding your interests in order to provide you with promotional information, relevant content, product recommendations, surveys, questionnaires, and other materials; · Improving our products, services and operations · Conducting data analytics, such as market and consumer research, trend analysis, and financial analysis; administering rewards programs · Providing personalized services you request, such as nutrition management and sports performance testing · Ensuring compliance with or enforcing our Company policies, member rules, the law, and our rights, including handling and investigating complaints and other inquiries, or as we believe is necessary to prevent against harm or to protect, enforce or defend the legal rights, privacy, safety or property of ourselves and others | · Government Entities · Professional Services Organizations · Distributors
|
Commercial information, such as information about products you purchase | · Providing you with the products, services and support you request · Processing your transactions and shipping your orders · Communicating with you about your account or transactions, changes to our policies and other administrative matters, or your questions and comments · Better understanding your interests in order to provide you with promotional information, relevant content, product recommendations, surveys, questionnaires, and other materials; · Improving our products, services and operations · Conducting data analytics, such as market and consumer research, trend analysis, and financial analysis; administering rewards programs · Providing personalized services you request, such as nutrition management and sports performance testing · Ensuring compliance with or enforcing our Company policies, member rules, the law, and our rights, including handling and investigating complaints and other inquiries, or as we believe is necessary to prevent against harm or to protect, enforce or defend the legal rights, privacy, safety or property of ourselves and others · Validating sales made by Herbalife Nutrition Distributors · Helping Herbalife Nutrition Distributors search for, communicate with and validate customers in our systems · Compliance purposes · Detecting, investigating, preventing, or taking action regarding possible fraudulent or illegal activity, including fraudulent transactions or unusual sign-in activities to your account · Supporting the operation of the Preferred Memberships and Distributorships · Maintaining proper functioning of the Herbalife Nutrition Sales & Marketing Plan
| · Distributors · Merchants · Online Advertising Services and Advertising Networks · Data Analytics Providers · Social Networks · Government Entities · Professional Services Organizations |
Device and Site Usage Information, such as Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamps, your Site activity (including the Site content you view, mouse movements, mouse clicks, taps, swipes, and information you view), keystroke information, and/or clickstream data | · Providing you with the products, services and support you request · Communicating with you about your account or transactions, changes to our policies and other administrative matters, or your questions and comments · Better understanding your interests in order to provide you with promotional information, relevant content, product recommendations, surveys, questionnaires, and other materials; · Improving our products, services and operations · Conducting data analytics, such as market and consumer research, trend analysis, and financial analysis; administering rewards programs · Ensuring compliance with or enforcing our Company policies, member rules, the law, and our rights, including handling and investigating complaints and other inquiries, or as we believe is necessary to prevent against harm or to protect, enforce or defend the legal rights, privacy, safety or property of ourselves and others · Compliance purposes · Detecting, investigating, preventing, or taking action regarding possible fraudulent or illegal activity, including fraudulent transactions or unusual sign-in activities to your account · Supporting the operation of the Preferred Memberships and Distributorships · Maintaining proper functioning of the Herbalife Nutrition Sales & Marketing Plan
| · Online Advertising Services and Advertising Networks · Data Analytics Providers · Social Networks · Government Entities · Professional Services Organizations |
Health Information, such as weight, height, BMI, body measurements, sleep, nutrition, weight loss and other wellness goals and/or information concerning meals, water intake, sleeping, or exercise habits. | · Providing you with the products, services and support you request · Better understanding your interests in order to provide you with promotional information, relevant content, product recommendations, surveys, questionnaires, and other materials; · Providing personalized services you request, such as nutrition management and sports performance testing | · Distributors |
Location Information, such as your mobile device’s GPS coordinates, cell tower information and/or Wi-Fi signals | · Providing you with the products, services and support you request · Processing your transactions and shipping your orders · Better understanding your interests in order to provide you with promotional information, relevant content, product recommendations, surveys, questionnaires, and other materials; · Improving our products, services and operations · Conducting data analytics, such as market and consumer research, trend analysis, and financial analysis; administering rewards programs
· Compliance purposes · Detecting, investigating, preventing, or taking action regarding possible fraudulent or illegal activity, including fraudulent transactions or unusual sign-in activities to your account | · Online Advertising Services and Advertising Networks · Data Analytics Providers · Social Networks · Government Entities · Professional Services Organizations |
We do not knowingly process personal information from children under the age of 13, do not knowingly process “sensitive data” as that term is defined under the CPA, and do not engage in “profiling” as that term is defined under the CPA.
For more information about your privacy rights and our practices concerning “sales” and targeted advertising, please see Section 6 of our Privacy Policy.
Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by Privacy@Herbalife.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
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.
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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.