Conditions of Use
Terms of Use
Please read these terms of use, Herbalife’s terms of use (which you may access here) and Filuet’s privacy policy (which you may access here), carefully before using this website or purchasing any product or services from this website. By continuing to browse you accept these terms and conditions.
This platform is designed to facilitate your use and purchase of Herbalife products. This website belongs to Filuet and the below terms of use are an agreement (the “Agreement”) between Filuet Baltica Ltd, and any other affiliate company in the Filuet Group, (the “Company,” “we” or “us”) and you ("you" or "User"). This Agreement sets forth the legal terms and conditions governing your use of this website and your purchase and/or use of any Herbalife goods, services through the use of this website (collectively referred to hereinafter as, “Offerings”).
Your use of this website and all information, data, text, software, information, images, sounds or other materials contained therein, or your use or purchase of any other Offerings confirms your unconditional agreement to be bound by this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not access or otherwise use this website or participate in any of the Offerings.
If you are dissatisfied with this website or other Offerings, your sole and exclusive remedy is to stop using this website or Offerings, except for the limited warranties that may apply to Herbalife's product Offerings in accordance with Herbalife’s customer guarantee.
This Agreement and Filuet’s privacy policy (the "Privacy Policy") and any other terms and policies incorporated herein by reference (collectively, the "Other Policies"), constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.
The information and features included in this website are subject to change at any time without notice. By accessing or linking to this website (to the extent linking is permissible), you assume the risk that the information on this website may be changed or removed.
1. MODIFICATIONS
We reserve the right at any time to:
(i) Change the terms and conditions of this Agreement;
(ii) Enhance, add to, modify or discontinue this website or other Offerings, or any portion of this website or other Offerings, at any time in our sole discretion.
From time to time, we reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove, revise or otherwise change any portion of this Agreement, in whole or in part, at any time. For changes to this Agreement that we consider to be material, we will place a notice on this website by revising the link on the homepage to read substantially as "Updated Terms of Use" for a reasonable amount of time. If you provide information to us, access or use this website or participate in any Offering in any way after this Agreement has been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of this Agreement will be available on the website and will supersede all previous versions of this Agreement.
This website or the Offerings, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the website or Offerings will be subject to this Agreement.
2. ACCESS
You must obtain access to the Internet and pay any service fees associated with such access to use this website. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hook-up, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We expressly disclaim any liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software in connection with the use of this website or Offerings.
3. ELIGIBILITY
You represent and warrant that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) you are at least the age of thirteen (13) and are accessing the website with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Agreement. Certain features on this website (including, but not limited to, user registration) and certain Offerings may be subject to heightened age and/or other eligibility requirements. Herbalife products and the Herbalife business opportunity cannot be offered, shipped into or sold in any country outside of those countries that are previously authorized by Herbalife. For a list of such countries, please click here: Authorized Countries. Herbalife is expanding its sales into other markets, accordingly please check for updates periodically.
4. YOUR INFORMATION AND YOUR PRIVACY
If you provide information to the website, you agree to provide accurate, current and complete information about you where requested and you agree to maintain and update such information as appropriate. We will use and maintain any information about you that we collect through the website in accordance with our Privacy Policy, to review Filuet’s privacy policy please click here.
5. USE OF E-MAIL ADDRESSES PROVIDED BY THE WEBSITE
When using any e-mail address provided to you for or through the website or other Offerings, you agree to use such email address in accordance with all applicable laws and not to transmit to any person or entity:
(i) any non-public information about any company;
(ii) any trade secret; or
(iii) 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 Herbalife 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 products and services 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.
6. OUR PROPRIETARY RIGHTS
This website and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, code, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by or licensed to us or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in this Agreement or on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of us, Herbalife or such third party that may own the Material or intellectual property displayed on the website. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the material is strictly prohibited. Any use of the Material other than as permitted by this Agreement will constitute a violation of this Agreement and may constitute copyright and/or patent infringement. You agree not to use the Material for any unlawful purposes and not to violate our rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the website by other members, including without limitation by attempting to access administrative areas of the website. You agree to report any violation of this Agreement by others that you become aware of. We may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. Herbalife, Herbalife logo, and the name of the products produced, marketed, sold or distributed by the Herbalife, are trademarks and/or service marks of Herbalife International of America, Inc., or its affiliates. All other trademarks (including Filuet’s trademarks), service marks, and logos used on the website or other Offerings are the trademarks, service marks or logos of their respective owners.
7. MEMBERSHIP AND REGISTRATION
Certain areas of the website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The website’s practices governing your personal information may be found in our Privacy Policy which can be found here. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the website.
By registering to Herbalife and accessing this website, you agree to accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership, any membership rights or any issued email address. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the website or your website issued email account using your name in whole or in part, we may, in our sole discretion, restrict your use of this website.
8. LINKS
We may provide links to third party web sites or resources, such as Herbalife. Our provision of such links is not an endorsement of any information, product or service reached through such link. We are not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which the website may be linked for from which the website may be accessed. You are requested to inform us of any errors or inappropriate material found on websites to which this website is or may be linked.
9. ERRORS
Although we attempt to maintain the integrity of the website and other Offerings, we make no guarantee as to the accuracy or completeness of the website or other Offerings. If you believe that you have discovered an error in the website or other Offerings, please contact us and include, if possible, a description of the error, its URL location and your contact information. We will make reasonable efforts to address your concerns.
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You understand and agree that this website and all material and intellectual property contained on it are distributed "as is" "as available" "with all faults" and without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability, non-infringement or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade. Some jurisdictions do not permit the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary by jurisdiction.
You agree that we and our parents, affiliates, subsidiaries, licensors and assigns, and each of their respective employees, officers and directors (collectively, the "released parties"), are not liable to you for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential or punitive damages arising or resulting in any way from or in connection with this website, the offerings, the user forums, the material, or any errors or omissions in its technical operation or the material, even if we have been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorized access to, this website or its related information or programs. Notwithstanding any other provision in this agreement, in no event and under no circumstances will the released parties be liable to you for any reason or any cause of action whatsoever in an amount greater than the equivalent of €50. some jurisdictions do not allow the limitation or exclusion of certain warranties and conditions, and/or the disclaimer of some types of damages, so some of the above might not apply to you.
by accessing this website, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand.
We make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this website, in any Offering and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by us. Views and opinions of users of this website do not necessarily state or reflect those of Filuet. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this website.
The Internet may be subject to breaches of security. We are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. We make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this website. This website may be temporarily unavailable due to maintenance or malfunction of computer equipment.
11. INDEMNIFICATION
By using this website you agree to indemnify, defend and hold the released parties harmless from and against any third party claims, alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defence, including, without limitation, reasonable attorneys' fees, arising out of or relating to: your breach of your representations, warranties, covenants or agreements hereunder; your violation of this agreement or any law; your use of this website and/or the material in violation of this agreement; information or material posted or transmitted through your computer or membership account, even if not submitted by you, that infringes any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; any misrepresentation made by you; and/or our use of your information. You will cooperate as fully and as reasonably required in company's defence of any claim. Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without our written consent.
12. TERMINATION; MODIFICATION
We will determine your compliance with this Agreement in our sole discretion and our decision shall be final and binding. Any violation of this Agreement may result in restrictions on your access to all or part of the website (including any Web Property or email address provided by the website) and may be referred to law enforcement authorities. No waiver of any of this Agreement shall be of any force or effect unless made in writing and signed by a duly authorized officer of Filuet. We reserve the right to modify or discontinue this website, or any portion thereof without notice to you or any third party. Upon termination of your membership or access to the website, or upon demand by Filuet, you must destroy all materials obtained from this website and all related documentation and all copies and installations thereof.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.
13. LATVIAN LAW
We operate the website in Latvia. Information contained on this website may not be appropriate or available for use in other locations, and access to this website from territories where the content of the website may be illegal is prohibited. If you choose to access the website or other Offerings from locations outside of Latvia, you are responsible for compliance with local laws if, and to the extent that, such local laws are applicable.
We reserve the right, in our sole discretion, to limit the availability of the website or other Offerings to any person, geographic area or jurisdiction at any time.
14. MISCELLANEOUS
We do our best to ensure that our website operates properly at all times, but we make no warranties as to the availability or accessibility of our website, and we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of our website.
The laws of Latvia apply to this Agreement. You hereby consent and submit to the exclusive jurisdiction of the courts of Latvia for any cause of action relating to or arising under this Agreement or this website.
15. ABILITY TO ACCEPT AGREEMENT
You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with the terms and conditions of this Agreement. If you are under the age of 18, your parent or legal guardian has provided his/her consent and will also be deemed to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with the terms and conditions of this Agreement.
16. CONTACT US
If you have any questions, comments or concerns about our website, any Offerings or this Agreement, you may contact us at orderline@filuet.lv.