The Herbalead Store

The Herbalead Store
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So far I am having tremendous results with the business opportunity leads! I have been able to contact 16 out of 20 people, have sent out 9 information packs and so far signed up 3 people.
C. Morris
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The quality of the leads has been good. I have achieved 5 sales so far and I have not even received all my leads yet for May....
S. Tonkin
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The Herbalead Store, a division of Ad Penguin Media Inc., Terms of Service



Terms of Service

Welcome to The Herbalead Store. When using The Herbalead Store website and services, you agree to the terms and conditions listed on this page (the "Terms of Service"). If you do not agree to these Terms of Service please do not use The Herbalead Store site and do not register for any of the products or services. In addition to using The Herbalead Store site you may use particular websites owned and operated by Ad Penguin Media Inc.



Description of Service

The Herbalead Store currently uses its global coverage to reach to match customers with relevant products and services. You have access to a series of news, tools, health & beauty, finance choices, success stories, market place, graphics, trademarks (collectively “Content”) and customized information.



Content and Materials

You acknowledge that The Herbalead Store site contains "Content", as defined above, that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. All Content is copyrighted as a collective work under the Canadian copyright laws, and The Herbalead Store owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The Herbalead Store name and logo are trademarks of Ad Penguin Media Inc. All other trademarks appearing on The Herbalead Store sites are trademarks of their respective owners. The Herbalead Store’s content partners may also have additional proprietary rights in the content that they make available through The Herbalead Store site. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited.



Privacy Policy

The Herbalead Store Privacy Policy describes how we treat personal information provided when you use our service. You can review the full policy by clicking here. There is no guarantee that personal information and transactions on this web site or on the Internet will be maintained secure and confidential.



Origin of Leads:

The Herbalead Store uses online advertising to contact prospects who may be interested in weight loss products. These prospects will come from the geographic region which you select.



Qualification of Leads:

The leads generated by our system have come to our website purely from their interest in your type of offer and have submitted their contact information on our website indicating that they would like to receive information about your type of offer.

There is no warranty made as to the suitability of a lead for any type of offer, their likelihood to respond to any offer, or their budget.



Undeliverable Leads:

When prospects fill out their contact information and click on the submit button, the leads are automatically delivered to the email address you specified when you registered on our website. Update any changes to your email address by using the "Edit Personal Profile" function inside the Members' area. It is your responsibility to keep your "Profile" updated with the correct contact information. If your input a change in your email address after you have purchased a package of leads but prior to or during delivery of these leads, it is possible that you will not receive your leads by email. Because email is not a 100% reliable delivery system, your lead will also be posted inside the Members’ area under "Your Campaign Status" immediately after it has been sent to the email address which you have specified.

The Herbalead Store will not be held liable for your neglect to keep your “Profile” updated with correct information.



Copyrighted Material:

As the Client, you are solely responsible for ensuring that all marketing material given to the leads purchased from The Herbalead Store conforms to all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. The Herbalead Store will not be responsible if you use another party's copyrighted material in violation of the law.



Inappropriate Material:

Client agrees not to use any illegal, adult, racist or other inappropriate materials when contacting the leads generated by our system.



Undeliverable Addresses / Bad Phone Numbers:

The Client understands that although the lead generating system produces leads that are delivered in real time, email addresses change rapidly and telephone numbers can be entered incorrectly by users, thereby creating undeliverable addresses and wrong phone numbers.



Lead Replacement Policy:

You, the Client, understands that you will receive 20 leads per package purchased and that there may be a variance in the quality of the leads received. The Herbalead Store will replace leads for the following reasons:
  1. invalid phone number
  2. invalid name
  3. under age
  4. out of region
  5. duplicate lead
In the event you receive a bad lead, you must complete our specific Replacement Request Form. In order for the the Herbalead Store to consider replacement of any lead, the Replacement Request Form must be received within 7 days of your receipt of the lead in question.

Upon receipt of your lead information through the Replacement Request Form, the Herbalead Store will investigate the lead submitted. If we determine, in our sole discretion, that the lead should be replaced, we will credit your account with a replacement lead.

If investigation by the Herbalead Store of multiple requests for lead replacement indicates that information submitted by the you in support of the requests for lead replacement is inaccurate or untrue, the Herbalead Store may, in its sole discretion, terminate your contract and you will forfeit any lead credits owing to it at that time.

Please Note: This lead replacement policy does not apply to Semi-X Business Recruitment Leads.




Request for Special Review:

If a Client feels that they have received an unduly high number of leads where contact has been made at the telephone number given but the prospect claims that they did not request information on weight loss, the Client may contact Customer Service by email and request a Special Review of the entire lead package. In support of your request, you must submit a detailed recap of the responses received on all leads within the package.

The Client understands the Company’s Replacement Policy (set out above) and fully accepts the discretion of the Company in respect of Requests for Special Review and accepts whatever decision the Company makes.



Refund Policy:

There will be no refunds once the lead program has been fully booked and closed to further orders. Our leads are delivered in "real-time" and their value diminishes rapidly after they have been delivered and, as a result, these leads cannot be resold through our system.

To request a refund prior to the particular lead program being closed to further orders, please contact us at one of the following emails: [click here]

Please include the following information; member's full name, member ID, account, campaign, and spot#(s) in the campaign. This information is available in the email receipt sent upon placing the order.

Cancellations or refund requests will be charged a processing fee of 10% of the order.



Indemnification:

You agree that The Herbalead Store assumes no responsibility for your marketing materials. You agree to indemnify and hold The Herbalead Store harmless from any liability arising out of your marketing materials. This indemnification includes, but is not limited to, legal fees, costs of litigation or judgments arising out of mailing your marketing materials to any leads generated from our system. Client understands that even though these leads are the result of individuals filling out a form on a web page, contacting them may still generate complaints and the Client shall not hold Company liable in any manner whatsoever.



Email Marketing Guidelines

The Herbalead Store site provides access to permission-based email services. If you elect to subscribe to any of our email services, your use of the account is also governed by our Email Terms of Service.

The Herbalead Store reserves the right to prohibit the distribution or publication of any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services that has not been approved by The Herbalead Store in writing in advance of distribution.

You agree to not use The Herbalead Store Newsletter to:
  • harm minors in any way;
  • upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, including, but not limited to, The Herbalead Store personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, email or otherwise transmit any Content that you do not have a right to transmit 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);
  • upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
  • upload, post, email or otherwise transmit 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;
  • interfere with or disrupt The Herbalead Store site or servers or networks connected to The Herbalead Store site, or disobey any requirements, procedures, policies or regulations of networks connected to The Herbalead Store site;
  • 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;
  • "Stalk" or otherwise harass another member or user of The Herbalead Store site; or collect or store personal data about other users or members.
Under no circumstances will The Herbalead Store 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 because of the use of any Content posted, emailed or otherwise transmitted via The Herbalead Store site.

It is our policy to respect the privacy of all users. Therefore, in addition to our Privacy Policy, we will not monitor, edit, or disclose the contents of a user or member e-mail unless required in the course of normal maintenance of The Herbalead Store site and its systems or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on The Herbalead Store ; (2) protect and defend the rights or property of The Herbalead Store ; or (3) act in an emergency to protect the personal safety of our users or the public.

The Herbalead Store reserves the right to monitor some, all, or no areas of The Herbalead Store site for adherence to these or other rules that may be published from time to time. The Herbalead Store may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, The Herbalead Store , in its sole discretion, may terminate your opt-in subscription or participation in any communications for any reason.



Submissions

If at our request you send content (e.g., postings to chat, blogs, or contests) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of The Herbalead Store . None of the Submissions shall be subject to any obligation of confidence on the part of The Herbalead Store , and The Herbalead Store shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, The Herbalead Store shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.



Links and Search Results

The Herbalead Store site may provide, or third parties may provide, search results or other links to other World Wide Web sites or resources. Because The Herbalead Store has no control over such sites and resources, you acknowledge and agree that The Herbalead Store 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 The Herbalead Store 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. A link to another web site should not be construed to mean that The Herbalead Store is associated or affiliated with, or is legally authorized to use any trade name, trademark, copyright symbol, or logo that may be in the link or description of the link.



Disclaimers

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

The Herbalead Store SITE IS OWNED AND OPERATED BY AD PENGUIN MEDIA INC. AND ITS SUCCESSORS, AND ASSIGNS.

The Herbalead Store SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK. The Herbalead Store 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 OF PROPRIETARY RIGHTS.

WITHOUT LIMITATION, AD PENGUIN MEDIA INC. MAKES NO WARRANTY THAT The Herbalead Store SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE MY WAY SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH The Herbalead Store SITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF The Herbalead Store SERVICE IS DONE AT YOUR SOLE RISK AND 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.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM The Herbalead Store PERSONNEL OR THROUGH The Herbalead Store SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.



Disclaimer Regarding 3rd Party Sites

The Herbalead Store makes no guarantees as to the sites and information located worldwide throughout the Internet which you may access as a result of the use of The Herbalead Store Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using The Herbalead Store Service may locate unintended and objectionable content. The mention of another party or its product or service on this web site should not be construed as an endorsement of that party or its product or service.



Disclaimer Regarding Financial Information

The Herbalead Store allows you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The Herbalead Store , including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by The Herbalead Store to be used for trading or investing purposes. The Herbalead Store shall not be responsible for the accuracy, usefulness or availability of any information transmitted via The Herbalead Store site, and shall not be liable for any trading or investment decisions made based on such information.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.



Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Herbalead Store 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 The Herbalead Store HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE The Herbalead Store SITE; (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 Herbalead Store SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON The Herbalead Store SITE; OR (v) ANY OTHER MATTER RELATING TO THE HERBALEAD STORE SITE. IN NO EVENT SHALL The Herbalead Store SITE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

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 MAY NOT APPLY TO YOU.



Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MY WAY, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MY WAY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.



Termination and Modification

You agree that The Herbalead Store , in its sole discretion, may terminate your password, account (or any part thereof) or use of The Herbalead Store site, and remove and discard any Content within The Herbalead Store site, for any reason, including, without limitation, for lack of use or if The Herbalead Store believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Further, you agree that The Herbalead Store shall not be liable to you or any third-party for any termination of your access to The Herbalead Store site. We reserve the right, at our discretion, to change, add, or remove portions of these Terms of Service at any time. Please check back at this webpage periodically for changes. Your continued use of The Herbalead Store following the posting of changes to these terms will mean you accept those changes.



Governing Law and Other Miscellaneous Terms

The laws of the province of British Columbia and the laws of (CANADA) applicable therein shall govern as to the effect, validity and interpretation of this agreement, notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the court of the Province of British Columbia in any action or proceedings instituted under or related with this agreement.



Copyright and Copyright Notices

The Herbalead Store respects the intellectual property of others, and we ask our users to do the same. The Herbalead Store may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Herbalead Store 's Copyright Agent the following information:
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Please contact The Herbalead Store 's Copyright Agent for Notice of claims of copyright infringement as follows:

The Herbalead Store, a division of Ad Penguin Media Inc.
Suite 202 - 3991 Henning Drive,
Burnaby, British Columbia Canada V5C 6N5
Email us: privacy@theherbaleadstore.com

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©2008 The Herbalead Store, a division of Ad Penguin Media Inc. All Rights Reserved

The Herbalead Store is not affiliated in any way with Herbalife International or any of its affiliates.
The Herbalead Store is owned and operated by AdPenguin Media Inc.