Terms of Use
This Terms of Use Agreement is established between Small Planet Online, LLC and the Herbal Nutrition Network--also known as Herbal-Nutrition.Net and Herbal-Leads.Net. Any company name may be used throughout this Terms of Use Agreement, and the intent is for those company names to be used synonymously. This agreement represents the complete agreement and understanding between Small Planet Online, LLC, dba Herbal-Leads.net, and our clients. Small Planet Online, LLC reserves the right to modify the terms and conditions from time to time as required, to stay current with applicable laws, or to stay current with any changes or modifications to products, services, or subscriptions being offered.Herbal-Leads.net and its advertising partners offer to the public a Free Sample of Herbalife products. When purchasing leads from Herbal-Leads.net, members agree to honor the Free Sample commitment. A list of affordable sample items from Herbalife, International can be found by clicking here.
1.0 Purchase Of Leads
The Buyer purchases the rights to use the lead information; Herbal-Leads.net remains sole owner of the leads. The Buyer agrees to use purchased lead information in a manner that strictly complies with all applicable state, federal, and international laws. This includes, but is not limited to, the CAN SPAM Act of 2003 and all State laws that regulate email marketing, including email marketing to minors. Buyer agrees to only use the lead information to market the programs/products for which the leads were originally purchased and agrees not to resell, trade, or relinquish the leads. However, Buyer retains the right to distribute purchased leads to his/her upline or downline and can be reimbursed for the purchase at the original cost. Once a lead has been purchased, and once the potential customer has been contacted, that lead cannot be redistributed, resold, traded, or relinquished. Should the Buyer or any individual in the Buyer's upline or downline attempt to resell, trade, or reliquish the lead(s) or otherwise violate this Terms of Use Agreement, Herbal-Leads.net may revoke the rights to current or future leads.1.1 Buyer agrees not to falsify transmission (header) information in any and all electronic mail it directly and/or indirectly initiates or causes to be sent to the leads, or to take any other steps to disguise the true origin of the electronic mail and sender.
1.2 Buyer agrees to only send electronic mail to leads from a valid and working electronic mail address to which the Leads may respond.
1.3 Buyer agrees to include the following information in all of the electronic mail it directly and/or indirectly initiates or causes to be sent to the leads: 1) accurate electronic mail subject heading line; 2) the Licensee’s physical mailing address; and 3) a clear and conspicuously displayed mechanism for the leadsto unsubscribe or “opt out” of receiving any further electronic mails (said mechanism to remain operational for not less than 30 days after transmission of the corresponding email).
1.4 Buyer agrees to cease sending email to any and all leads that have requested to “opt out” or unsubscribe within seven (7) days of the corresponding request.
1.5 Buyer agrees not to use the leads to market to a minor any product or service that the minor may not lawfully purchase.
1.6 Buyer hereby agrees not to copy, attempt to create, or permit others to attempt to create, by reverse engineering or otherwise, any part of the source code for the software used by Herbal-Leads.Net to provide, generate, and/or deliver the Leads.
2.0 Exclusivity
The Buyer has exclusive rights to the lead(s) for 45 days.3.0 Credit Subscription System
Leads are sold using a Credit Subscription System: each credit equals one US dollar. The Credit Subscription System allows members to purchase credits in blocks of 20, 30, 50, or 100. Once a block of credits has been purchased, members can access their account and generate as few or as many leads as desired. Unused credits will remain the sole property of the member and must be used within one year. Credits are used exclusively for purchasing leads and are not refundable.4.0 Replacement Policy
Herbal-Leads.Net will provide replacements for those leads that are proven to have a faulty telephone number and email address. To qualify for a replacement, a written request must be submitted to [email protected] within 5 days of the delivery of that lead.5.0 Refund Policy
All sales are Final. Due to the nature of the service we are providing, no refunds will be offered once an order has been submitted for processing. See 3.0 and 4.0 for clarification.6.0 Indemnification
Member agrees to indemnify and hold the Herbal-Leads.Net harmless from any liability arising out of your marketing efforts using these leads. This indemnification includes, but is not limited to, legal fees, costs of litigation or judgments arising out of mailing or emailing your marketing materials to any leads provided by Herbal-Leads.Net. Member understands that even though these leads are the result of people filling out a form on a web page, contacting them may still generate complaints, and shall not hold Herbal-Leads.Net liable in any manner whatsoever.7.0 Disclaimer
Herbal-Leads.Net does not guarantee that the leads provided pursuant to the terms of this Agreement will generate revenue to buyer. Herbal-Leads.Net makes no representation whatsoever regarding the suitability, creditworthiness, viability, or legitimacy of the leads. Except as otherwise expressly set forth in this Agreement, the buyer hereby agrees that the leads are provided on an “as is, as available” basis.7.1 The user agrees that use of Herbal-Leads.Net is AT THE SOLE RISK OF USER AND IS WITHOUT WARRANTIES OF ANY KIND BY SMALL PLANET ONLINE, LLC., EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS SMALL PLANET ONLINE, LLC LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN USERS AND SUBSCRIBING PROVIDERS OR FOR ANY INFORMATION PROVIDED BY SUBSCRIBING PROVIDER OR APPEARING ON SUBSCRIBING PROVIDER SITES OR ANY OTHER SITE LINKED TO THE HERBAL-LEADS.NET WEBSITE. SMALL PLANET ONLINE, LLC WILL NOT BE LIABLE TO USERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE HERBAL-LEADS.NET SITE OR SERVICE.
7.2 International independent distributors are required to follow the guidelines of the country in which the distributor is marketing Herbalife products. Distributors are also required to follow the guidelines for international sales as set forth by Herbalife International. Small Planet Online, LLC and The Herbal Nutrition Network are not responsible for the actions of any independent distributor who sells products that have not been approved for sale in any particular country. Any Herbal Nutrition Network member who is charged with violating international law and/or violates Herbalife International's policies concerning international sales will have his/her membership terminated immediately.