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.
If you believe that your intellectual property rights have been violated by something on our Services, please contact our Copyright Agent at 800 West Olympic Blvd., Suite 406, Los Angeles, CA 90015, Attn: email@example.com, and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of or a representative list of the work you believe has been infringed;
- 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;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
- 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.
Disclaimer of Warranties
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HERBALIFE DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT ACCESS TO DATA STORED BY YOU OR OTHERS ON THE SITE IS NOT GUARANTEED AND THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE SITE OR ITS UNAVAILABILITY.
We assume no responsibility for the conduct or acts of users or other third parties. In addition, we assume no responsibility for the content, security or privacy practices of the websites of other companies for which we provide links in our website.
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.
The laws of the United States, State of California apply to this Agreement (without regard to California’s conflict of law principles that would cause the application of any other jurisdiction’s laws). Any dispute between you and us must be brought before state or federal courts located in Los Angeles County, California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Los Angeles, California for any cause of action relating to or arising under this Agreement or the Site.