This disclaimer is issued in connection with the website www.TheRealBillAckman.com (the “Website”) maintained by Herbalife International of America, Inc. (“Herbalife”).
The information and opinions contained in the Website are based on publicly available information about Bill Ackman. Herbalife recognizes that there may be non-public information in the possession of Bill Ackman or others that could lead Bill Ackman or others to disagree with Herbalife analyses and conclusions.
Although Herbalife believes the statements it makes in the Website are substantially accurate in all material respects and do not omit to state material facts necessary to make those statements not misleading, Herbalife makes no representation or warranty, express or implied, as to the accuracy or completeness of those statements or any other written or oral communication it makes with respect to Bill Ackman and any other companies mentioned, and Herbalife expressly disclaims any liability relating to those statements or communications (or any inaccuracies or omissions therein). Thus, shareholders and others should conduct their own independent investigation and analysis of those statements and communications and of Bill Ackman and any other companies to which those statements or communications may be relevant.
The statements Herbalife makes on the Website are not investment advice or recommendations. Except where otherwise indicated, those statements speak as of the date made, and Herbalife undertakes no obligation to correct, update or revise those statements or to otherwise provide any additional materials. Herbalife also undertakes no commitment to take or refrain from taking any action with respect to Bill Ackman or any other company.
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- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Herbalife to locate the material;
- Information reasonably sufficient to permit Herbalife to contact you;
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- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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Limitations on Liability
UNDER NO CIRCUMSTANCES WILL HERBALIFE AND ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITE. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS OR REVENUE, LOST DATA, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF FORESEEABLE OR EVEN IF HERBALIFE KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
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