1. ACCEPTANCE OF TERMS
Welcome to the RecruitSystem! RecruitSystem provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular RecruitSystem services, you and RecruitSystem 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 into the TOS.
2. DESCRIPTION OF SERVICE
RecruitSystem currently provides users with access to a rich collection of resources, including, various communications tools, and branded programming through its network of properties (the "Service") whose purpose it is to provide tools to assist the Member in the management of a home based business. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new RecruitSystem properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that RecruitSystem assumes no responsibility for the timeliness, deletion, miss-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.
3. YOUR REGISTRATION OBLIGATIONS
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 RecruitSystem has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RecruitSystem 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).
4. RECRUITSYSTEM PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy HERE.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation 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 RecruitSystem 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. RecruitSystem cannot and will not be liable for any loss or damage arising from your failure to comply with this Section
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RecruitSystem, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. RecruitSystem does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RecruitSystem 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, tortious, defamatory, vulgar, obscene, libelous, 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 RecruitSystem 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 RecruitSystem. 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 RecruitSystem to participate or become a member in a "Competing Business". The Member agrees that, commencing on the date hereof, they will not, within the United States, 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 RecruitSystem membership without the benefit of any refund.
You acknowledge that RecruitSystem does not pre-screen Content, but that RecruitSystem and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, RecruitSystem and its designees shall have the right to remove any Content that violates the TOS 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 RecruitSystem or submitted to RecruitSystem, including without limitation information in RecruitSystem News, Training, Marketing Tools, or Calendars, and in all other parts of the Service.
You acknowledge and agree that RecruitSystem 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 TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RecruitSystem, 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.
7. 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. In addition, you agree to abide by all Herbalife Distributor rules and regulations including only conducting business in approved Herbalife countries.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
RecruitSystem 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 RecruitSystem the following world-wide, royalty free and non-exclusive license(s), as applicable:
9. INDEMNITY
You agree to indemnify and hold RecruitSystem, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. This includes but is not limited to using the content, images, information stored in any manner on the Service computer systems, networks, systems, applications, and account information of others to recruit members to any other business opportunity. The Service is provided solely to assist the Member in the management of a Herbalife business.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that RecruitSystem may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on RecruitSystem's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that RecruitSystem has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that RecruitSystem reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that RecruitSystem reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
RecruitSystem reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RecruitSystem shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that RecruitSystem, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if RecruitSystem believes that you have violated or acted inconsistently with the letter or spirit of the TOS. RecruitSystem may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that RecruitSystem may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that RecruitSystem shall not be liable to you or any third-party for any termination of your access to the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RecruitSystem has no control over such sites and resources, you acknowledge and agree that RecruitSystem is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RecruitSystem shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. RECRUITSYSTEM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RecruitSystem or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
RecruitSystem grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by RecruitSystem for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RECRUITSYSTEM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. RECRUITSYSTEM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RECRUITSYSTEM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RECRUITSYSTEM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RECRUITSYSTEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. RecruitSystem and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
20. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
21. TRADEMARK INFORMATION
The RecruitSystem logo, and other RecruitSystem logos and product and service names are trademarks of RecruitSystem Inc. (the "RecruitSystem Marks"). Without RecruitSystem's prior permission, you agree not to display or use in any manner, the RecruitSystem Marks.
22. COPYRIGHTS and COPYRIGHT AGENTS
RecruitSystem respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RecruitSystem's Copyright Agent the following information:
23. AGENT FOR NOTICE OF CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENTS
RecruitSystem's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and RecruitSystem and govern your use of the Service, superceding any prior agreements between you and RecruitSystem. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and RecruitSystem shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and RecruitSystem agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Steamboat Springs, Colorado. The failure of RecruitSystem to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The RecruitSystem is an independently owned and operated business for the purpose of providing users with access to a rich collection of resources, including, various communications tools, and branded programming through its network of properties the Service whose purpose it is to provide tools to assist the Member in the management of a home based business and is not affiliated with or in any way endorsed by Herbalife International, Ltd.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
25. VIOLATIONS: Please report any violations of the TOS to us through the contact form.
26. SUBSCRIPTION & REFUND POLICY
a. As a RecruitSystem member you agree that the by you given Credit/Debit card will be automatically charged on monthly bases via the agreement you will set up with PayPal or 2CheckOut.com during the registration process. After you agreed to the monthly subscription plan you will be billed monthly according to that plan. If you agreed to the yearly subscription plan you will be billed yearly according to that plan. All this is for your convenience and to ensure yourself that you have an uninterrupted RecruitSystem service.
b. You agree that your subscriptions cost will increase according to the plan you have chosen. E.g.; members that enroll during a promotional period have been informed that they enroll during a promotional period and that therefore when that period is due, your members ship will revert to its original monthly or yearly fee. (Please read more on the registration page.)
c. Refunds are not available on any of the Payment Plans. Please review the Terms of Service and Cancellation Policy.
d. For Tangible materials or Goods: For materials or goods having physical form, such as CD’s and DVD’s, you have the right to return such materials to the seller for the amount paid by you, plus shipping and handling. The guaranty period shall be 180 days from the time you received the goods. The refund will issue within seven business days of our receipt of the returned materials.
e. All Other Goods: For all other materials or goods, you have an unconditional satisfaction guaranteed refund for a period of seven calendar days from the date of receipt of the goods. As applied to leads, the term “date of receipt” of the goods shall mean the date upon which you received the particular lead or leads for which the refund is sought. Your refund will issue within seven business days of your request.
Any inquires or complaints regarding refunds should be directed to our contact form.
27. CANCELLATION POLICY
You may, at any time, send a termination notice to RecruitSystem. Upon the receipt of a termination notice by Recruit System, your membership will not renew and will terminate immediately.
28. DISCLAIMER
You agree to recognize the use of the Recruit System does not guarantee success or economic return, it simply provides you the tools to help you build your Herbalife business. The Recruit System is an independently owned and operated business and is not affiliated with or in any way endorsed by Herbalife International, Ltd.