Terms and Conditions
The following Global Health Solutions (GHS) Access Code Terms and Conditions (TAC) may be updated by us from time to time without notice to you. In addition, when using particular (GHS) services, you and (GHS) shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference to the TAC.
Description of Service
(GHS) currently provides users with access to a rich collection of resources, including various communications tools, and branded programming through its network of properties, including but not limited to the web site www.globalhealthsolution.net (the "Service") whose purpose it is to provide tools to assist the Member in the management of a Herbalife business . Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new (GHS) properties, shall be subject to the TAC. You understand and agree that the Service is provided "AS-IS" and that (GHS) assumes no responsibility for the timeliness, deletion, missed-delivery, modifications that change the functionality of the Service, or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or (GHS) has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, (GHS) has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without refund of any fees that have been paid.
Member Account, Access Code, Password and Security
You will receive a password and account designation (Access Code) upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify (GHS) of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. (GHS) cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
exposed to Content that is offensive, indecent or objectionable. Under no circumstances will (GHS) be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, stored, or otherwise made available via the Service.
You agree to not use the Service to:
- a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- b. harm minors in any way;
- c. impersonate any person or entity, including, but not limited to, a Herbalife or GHS official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- l. "stalk" or otherwise harass another; or
- m. collect or store personal data about other users.
- n. The Member agrees that, commencing on the date of the activation of the membership, they will not, either directly or indirectly, solicit or divert any person employed by the (GHS). The Member further agrees that, commencing on the date of the activation of the membership, they will not, either directly or indirectly, solicit or divert any person who is a current member of the (GHS) to participate or become a member in a "Competing Business". The Member agrees that, commencing on the date hereof, they will not, either directly or indirectly, solicit, divert or appropriate, to any Competing Business any customer or client who was serviced by or under the supervision of the Company. For purposes of this Terms of Service, a "Competing Business" shall be defined as any business entity (whether formed as a corporation, partnership, limited liability company, or otherwise) that is engaged primarily in the business of providing subscribers (Members) with access to a collection of resources, including, various communications tools, and branded programming through the Competing Business's network of properties whose purpose it is to provide tools to assist in the management of a Herbalife business or other multi-level marketing program (the "Service"). Any violation of this conduct will result in the immediate cancellation of your Access Code without the benefit of any refund.
That violates the TAC or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by (GHS) or submitted to (GHS), including without limitation information in (GHS) News, Training, Marketing Tools, or Calendars, and in all or any other parts of the Service.
You acknowledge and agree that (GHS) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TAC; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of (GHS), its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, you agree to comply with all advertising, marketing, and laws that govern the sale and advertising of nutritional and personal care products. All domains are owned and operated by the Member and members are required in some countries to post their contact information and the participation of Herbalife in the business opportunity.
Content Submitted or Made Available for Inclusion
(GHS) does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant (GHS) the following world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of (GHS) News, Marketing Tools, Product Stories or Success Stories, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific (GHS) property to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or (GHS) removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or (GHS) removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service the perpetual, irrevocable and fully sublicenseable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.