PLEASE READ THIS “TERMS OF USE” AGREEMENT CAREFULLY BEFORE USING THE PRODUCTS AND SERVICES CONTAINED ON www.livingherbal.co.nz.
This Terms of Use Agreement (the “Agreement”) is made between www.livingherbal.co.nz (the “Company,” “we” or “us”) and you.
www.livingherbal.co.nz maintains this site (the "www.livingherbal.co.nz site") for your personal entertainment, information, education and shopping convenience.
You are encouraged to use and enjoy the www.livingherbal.co.nz site, and with your use and purchase from the www.livingherbal.co.nz site, you agree to these Terms of Service and Legal Notices set forth below and the disclaimers and terms and conditions stated on the www.livingherbal.co.nz site ("Terms of Service").
You may only download material displayed on the www.livingherbal.co.nz 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 www.livingherbal.co.nz site including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of www.livingherbal.co.nz. 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 www.livingherbal.co.nz site is provided on an "AS IS," "as available" basis. Neither www.livingherbal.co.nz 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 www.livingherbal.co.nz site will be uninterrupted or error-free. Neither www.livingherbal.co.nz nor its associates warrant the accuracy, integrity or completeness of the content provided on the www.livingherbal.co.nz site or the products or services offered for sale on the www.livingherbal.co.nz site. Further, www.livingherbal.co.nz makes no representation that content provided on the www.livingherbal.co.nz site is applicable or appropriate for use in locations outside of the United States. www.livingherbal.co.nz 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 www.livingherbal.co.nz, nor its associates, shall create a warranty. You expressly agree that use of the www.livingherbal.co.nz site is at your sole risk.
Under no circumstances shall www.livingherbal.co.nz 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 www.livingherbal.co.nz site, including but not limited to reliance by a user on any information obtained at the www.livingherbal.co.nz 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 www.livingherbal.co.nz 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 www.livingherbal.co.nz 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 www.livingherbal.co.nz 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 www.livingherbal.co.nz 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, www.livingherbal.co.nz 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 www.livingherbal.co.nz 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
www.livingherbal.co.nz 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 www.livingherbal.co.nz 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 www.livingherbal.co.nz 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 www.livingherbal.co.nz 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 www.livingherbal.co.nz 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 www.livingherbal.co.nz and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
www.livingherbal.co.nz does not want to receive confidential, proprietary or trade secret information through the www.livingherbal.co.nz site (excluding information relating to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to the www.livingherbal.co.nz site will be deemed non-confidential, and, by submitting any such information, you are granting www.livingherbal.co.nz 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 www.livingherbal.co.nz 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 www.livingherbal.co.nz to either a foreign national or a foreign destination in violation of any such laws.
Applicable Law
The www.livingherbal.co.nz site is created, operated and controlled by www.livingherbal.co.nz 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 www.livingherbal.co.nz site and these Terms of Service at any time by updating this posting. By using the www.livingherbal.co.nz 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.
www.livingherbal.co.nz is an independent Herbalife distributor.
The Web site address for the www.livingherbal.co.nz site is:
http://www.livingherbal.co.nz
References to www.livingherbal.co.nz herein refer to www.livingherbal.co.nz, www.livingherbal.co.nz or it or their affiliates, subsidiaries and designees as deemed appropriate by www.livingherbal.co.nz.
Links to Third-Party Web Sites
The www.livingherbal.co.nz site contains links to other sites. The links are meant to enable access to publicly available information to those who are allowed to the www.livingherbal.co.nz site only. www.livingherbal.co.nz makes no representations whatsoever about any other Web site which you may access through the www.livingherbal.co.nz site. When you leave the www.livingherbal.co.nz site, please understand that www.livingherbal.co.nz has no control over the content on that Web site. In addition, a link to a non-www.livingherbal.co.nz 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. www.livingherbal.co.nz 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 www.livingherbal.co.nz regarding your relationship with www.livingherbal.co.nz and supercede any prior statements or representations. By using the www.livingherbal.co.nz site YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. If you are dissatisfied with the www.livingherbal.co.nz site or any content on the www.livingherbal.co.nz site or with these Terms of Service, your sole and exclusive remedy is to discontinue using the www.livingherbal.co.nz site.