Terms Of Use

3. Eligibility of Users

A.    You must be at least 18 years of age to access the Site. By accessing the Site, you represent and warrant that you are at least 18 years of age. We do not knowingly collect or solicit Personal Information from children under 18. If you under 18, please do not attempt to create an account, purchase any Products, or send any Personal Information about yourself to us. If we learn we have collected Personal Information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us Personal Information, please contact us. Certain features and Materials on the Site may be subject to additional age or other eligibility requirements (e.g., purchasers in New York must be 18 or older to purchase weight loss products).

B.    Personal Information. We will maintain and use your “Personal Information” as defined in and according to our Privacy Policy, and which may be modified from time to time in our discretion, which modifications are effective as of the date posted on our Site. Your continued access or use of the Site or purchase or use of our Services indicates that you agree with such modifications.

C.     NSP Products and business opportunities (e.g., to become a consultant or a distributor) are only available in those countries that have been previously authorized by NSP. You may not offer, ship, sell or resell any NSP Product or business opportunity in any country outside of those previously authorized by NSP. NSP is expanding into other markets so please check the Site to view the most up-to-date list of authorized countries.

4. Account Creation and Responsibilities

A.    Our Site, Products, and Services are intended for access and use by individuals who are at least 18 years old, and by agreeing to these Terms you represent (i) that you are at least 18 years old and reside in a state, region, or country in which the Products and Services may legally be provided, (ii) you are the person whose name and other information have been provided for the account that you have or are creating, and, (iii) that your registration and your purchase of Products and/or use of the Services is in compliance with any and all applicable laws and regulations.

B.    All of the information that you supply to us in creating your user account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We reserve the right to invalidate your password and require you to change it if we believe it has become unsecure. We may reject any user name that violates these Terms, including any user name that uses another person’s identity or that violates our community and content guidelines. We may use the email you provide to us in your user account profile to provide you with service messages and updates. By becoming a user, you are consenting to the receipt of these communications. If you are creating a user account on behalf of your organization, you agree that your organization, and not us, is responsible for authorizing, deauthorizing, and administering user account access.

5. Use of our Site.

A.    NSP cannot and does not warrant or guarantee that Materials or any other available information from the Site are free of viruses, worms, Trojan horses, or other programming items that can damage, interfere with, or intercept any system, data, or personal information. You are solely responsible for your own recovery of lost data.

6. Product Purchases, Payments, Returns & Exchanges

A.    Product Availability; Prices. Although we have made every effort to display our Products as accurately as possible, Products displayed may be out of stock or discontinued, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter.

B.    Product Purchases. Distributors may purchase Products directly from NSP for personal use and resale to their customers. Customers may purchase Products directly from their distributor’s personal inventory or through their distributor’s website. If you do not yet have a dedicated NSP distributor, you may make an initial purchase using the shopping feature on the NSP corporate website. After this initial purchase, you will be referred to a distributor, who will provide you with personal service and the ability to purchase additional NSP Products.

C.     Method of Payment. You agree to pay all charges incurred by you via payment card (or other applicable payment mechanism) at the amounts in effect when such charges are incurred. Distributors and customers must provide us with a valid credit or debit card (Visa, MasterCard, or any other issuer accepted by us) or use any other payment or financial mechanism specified by us (“Payment Provider”) as a condition to making any payments. Your Payment Provider agreement (e.g., cardholder agreement, or terms of use) governs your use of the payment mechanism, and you must refer to that agreement (not these Terms) to determine your rights and liabilities with respect to the Payment Provider. By providing us with your payment information, you agree that we and any of our Payment Providers are authorized to immediately debit or credit your account for all applicable fees and charges and that no additional notice or consent is required. You agree to immediately notify us of any change in your payment and financial information. We reserve the right at any time to change prices and billing methods. All information that you provide to us or our Payment Providers must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make.

D.    Returns, Exchanges, and Auto-Ship. Distributor requests for returns or exchanges will be handled in accordance with our Policies and Procedures, which may be amended from time to time and effective upon posting, and which is incorporated by reference herein.

7. System Integrity and Use of Email

You may not interfere with the working of the Site. You may not take any action that imposes an unreasonable burden on the performance or efficiency of the Site.

When using any email address or message functionality provided on or through the Site, you must do so in accordance with all applicable laws and avoid sending any unsolicited message, unless you have obtained prior authorization from the recipient (any unsolicited message constituting “Spam”). If you receive Spam from someone selling or describing NSP’s products, Materials, or business opportunity please contact us immediately. If any person indicates they do not want to receive email you must abide by that request.

You may not use any email address or message functionality on the Site to transmit any:

In addition, NSP does not buy, rent, or sell email lists, nor do we allow distributors to use purchased or harvested email lists. If you are a consultant or distributor, you agree that you will not use rented or purchased lists, email append lists, or any other list that contains email addresses captured in any method other than legally valid and enforceable opt-in. The use of opt-out lists is prohibited by NSP. We retain the right to review consultants’ and or distributors’ contact lists and emails to verify that you are abiding by the privacy and permission policies set forth herein.

8. Account Obligations

A.    You may be required to register or provide personal information before you access certain content or areas of the Site. Our privacy practices are discussed in our Privacy Policy. You voluntarily decide whether to provide any information. If you elect not to provide such requested information, you may not be able to access certain content or areas of the Site.

B.    You agree to provide, maintain, and update the Site with true, accurate, current, and complete information about yourself or your organization as prompted on the Site. We may suspend or terminate your account or otherwise restrict or decline to permit you continued access to the Site if you provide any information that is not true, inaccurate, not current, incomplete, or if we have reasonable grounds to suspect that information you provide is not true, inaccurate, not current, incomplete. You alone must maintain the confidentiality and integrity of your personal information, password, account number as well as any activities that occur under your account number or password. You agree that your password may be used to attribute an electronic record or signature to you. NSP urges you not to disclose your account number or password to third parties. You agree to immediately notify NSP of any unauthorized use of your account number or password or other security breach. NSP will not be liable in any manner for fraudulent purchases made using your account number or password.

C.     Dstributors who receive access to personal information through the Site must do so in accordance with the law and the guidelines for handling Personal Information set forth in NSP’s Distributor Policies and Procedures.

D.     In addition, for distributors/consultants, it is your sole responsibility to maintain proper and accurate books and records of all transactions and communications with your downline organization and customers, and to maintain protection against destruction of or tampering with personal information within your possession or control. NSP cannot guarantee to maintain, or provide back-up and recovery of, any data. You understand that you have independent responsibilities for complying with national, federal, state and local laws and regulations relating to the protection, use and disclosure of personal information provided to you, whether through the Sites or otherwise.

E.     You will cooperate with NSP and act in a proactive manner whenever this is required to allow us to comply with our obligations under data protection law, including to respond within a reasonable time to data protection related enquiries from your downline organization and/or the competent regulator.

9. Electronic Communications

A.     By creating a user account or giving us any contact or other information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS, telephone, in-app messages, etc.) from us and/or by posting the communications on the Site (e.g., by posting notices on your account profile page) concerning information and/or our Services (collectively, “Communications”). For users with an account, Communications may be those that we are required to send to you by law (e.g., data security incident notifications) concerning us, your account or information, the Site, our Products, or the Services (“Required Communications”. The Communications may also be those that we send to you for other reasons. You may change the email or mobile phone number on file for your account by visiting your account profile page or by contacting us. You may opt out of receiving all Communications, other than Required Communications, via email by sending a notice to us that identifies your full name, user name and email address; however, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.

B.     Our Services may include sending you Short Message Service (“SMS”) messages as described in our Mobile Messaging Service Terms and Conditions, available at naturessunshine.com/mobile-message-service-terms-conditions (which is incorporated by reference herein and as updated from time to time and effective on the date posted), to which you hereby consent.

10. International Use of the Site

A.    The Site is intended for viewing and use in the United States and any other countries which NSP has designated as officially open for business. Distributors may not use the Site to conduct business or sales in any country that we have not announced is officially open for business.

B.    Export. These Terms shall not be governed by the United Nations Convention on the International Sale of Goods. Your purchase and use of our Products shall comply with all applicable export laws of the United States, including, without limitation, the U.S. Export Administration Regulations and the prohibitions and restrictions mandated by agencies of the United States government. Without limiting the foregoing, the Products may not be exported or re-exported into (or to a resident or national of): (a) any country sanctioned by the United States government identified on the list published by the U.S. Bureau of Industry and Security; (b) any country, entity or person identified on any of the sanction lists, specifically designated nationals lists, denied party lists or entity lists published by the Office of Foreign Assets Control of the U.S. Department of Treasury, as such lists may be updated from time to time; (c) any other country subject to United States embargo or UN Sanctions; or (d) or any other prohibited country, person, end-user or entity specified by the United States government.

11. Outages

NSP may occasionally schedule periods of downtime on the Site for maintenance and other purposes. Unplanned outages or downtime may also occur. NSP is not liable in any manner for the unavailability of the Site, or the loss of data or transactions that could result from scheduled or unplanned downtime or outages.

12. Feedback; Third-Party Social Media Posting

A.    By submitting any ideas or suggestions to us (through our Site, social media sites, or other digital platforms, or through Google or other review sites, or other means) related to improvements to the Site or Services (collectively, “Feedback”) you agree that such Feedback shall be deemed, and shall remain, our property, and you agree to and do hereby assign to us all your right, title, and interest in and to all Feedback (including without limitation intellectual property rights and a waiver of all moral rights) without compensation or further notice to you. We shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation or further notice to you. None of the Feedback shall be subject to any obligation of confidentiality on our part, but, you shall not be liable for our use or disclosure of any Feedback.

B.    The Site may, now or in the future, permit the posting or submission for posting of content, including, but not limited to, reviews, comments, or other textual content, files, images, photographs, videos, animation, sounds, musical works, data, or other materials and content by you (collectively, “User Content”). By posting or submitting for posting User Content to our Facebook, YouTube, Instagram, or other social media pages or platforms, or on other websites, e.g., Facebook, Google, Yelp, Trip Advisor, etc., you agree to and do hereby grant us and our licensors, affiliates, partners, successors and assigns, a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, summarize, translate, create derivative works of and publicly perform the User Content that you post or otherwise submit to us for any purpose, in any form, medium, or technology now known or later developed.

C.    The right to use you grant us above also extends to any User Content that you have posted on our Facebook or other social media account pages, or on other websites, e.g., Google, Yelp, Trip Advisor, Instagram, etc.

If we permit you to post Content, by posting any Content, or submitting Content for posting, you agree to with the following “User Content Posting Guidelines”:

To the extent our Website contains areas where you can post or submit to be posted Content such as comments, product reviews, testimonials, etc., you agree to post Content that is proper and related to the general theme of the Website. Content also includes that which you send to us by email, text, mail, or other means. You agree not to post or submit any Content that:

D.    Advertises or offers to sell any goods or services, or engage in surveys, contests, chain letters, or for any commercial purpose.

13. Links

A.    To obtain permission to link to the Site or any other website owned and operated by NSP, please contact  legal@natr.com. No trademark or logo of NSP may be used as a “hot” link to any NSP or other website without the prior written approval of NSP.

B.    Any linked websites are not under the control of NSP, and NSP is not responsible for the content of any linked website or any link contained in a linked website. NSP reserves the right to terminate any link or linking program at any time. NSP does not endorse companies or products to which it links and reserves the right to note as such on its Site pages. If you decide to access any of the third party websites linked to our Site, you do this entirely at your own risk.

14. Promotions

A.    The Site may contain incentives such as promotions, contests, or sweepstakes (“Promotions”). These Promotions may require you to send information or material about yourself. Promotions offered on the Site may be governed by separate rules and may have separate eligibility requirements, such as age or geographic limitations. Promotions may also have separate terms and conditions that govern the use or disclosure of information you provide. By participating in a Promotions, you promise to comply with the specific rules, terms and conditions, of such Promotion.

15. Disclaimer of Warranties

A.    THE MATERIALS AND THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NSP DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE.

NSP does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. NSP may make changes to these Materials, or to the products described therein, at any time without notice. Statements made about NSP dietary supplement products have not been evaluated by the Food and Drug Administration. NSP dietary supplements are not intended to treat, diagnose, mitigate or prevent diseases or their symptoms. NSP makes no commitment to updating the Materials. In addition, this Section 15 pertains to our services, the Site and the content on the Site, but not to our nutrition and wellness products offered for sale through the Site.

16. Indemnification

By using or accessing the Site, you agree to indemnify and hold harmless NSP and its parents, affiliates, subsidiaries, officers, directors, employees, agents, licensors, and assigns from and against all claims, demands, actions, costs, liabilities, fines, penalties, assessments, interest, losses and damages of any kind including attorney’s fees and costs, resulting from your use, misuse, or abuse of the Site of any Services or Products provided through the Site, or your breach of any provision of these Terms. You will cooperate as fully and reasonably necessary with the defense of any claim against NSP. NSP reserves the rights, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter or claim subject to indemnification by you, and, in any event, you will not settle any such matter without NSP’s prior written consent.

17. Limitation of Liability

A.     YOU HEREBY AGREE THAT NSP AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ASSIGNS, OR ANY OTHER PARTY INVOLVED IN THE SITE, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, ENHANCED, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, THAT RESULT FROM (I) THE USE OR INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE OR SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR, (V) ANY OTHER MATTER RELATING OR CONNECTED TO THE SITE. YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY APPLIES TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT WILL NSP’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF THE AMOUNT OF ANY FEES PAID BY YOU TO NSP FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM OF LIABILITY, OR $50. SOME STATES DO NOT ALLOW THE LIMITATION OR DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU, BUT WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS LIMITATION OF LIABILITY INURES TO THE BENEFIT OF NSP AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ASSIGNS.

B.    SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OF PRODUCT OR SERVICES, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

C.    NOTICE TO CALIFORNIA RESIDENTS: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

D.     NOTICE TO NEW JERSEY RESIDENTS. IF YOU ARE A VISITOR TO THE WEBSITE FROM NEW JERSEY, CERTAIN LIMITATIONS IN THESE TERMS ARE INAPPLICABLE OR UNENFORCEABLE WITHIN NEW JERSEY. NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY IN THESE TERMS, WITHIN NEW JERSEY: (A) WE DO NOT LIMIT OUR LIABILITY BASED ON OUR NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL CONDUCT; (B) WE DO NOT LIMIT OUR LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE THAT OCCUR ON OUR PROPERTY; AND, (C) THERE IS NO WAIVER OF YOUR RIGHT TO ATTORNEYS’ FEES. THESE PROVISIONS ARE ENFORCEABLE ONLY TO THE FULL EXTENT PERMITTED BY NEW JERSEY LAW. THE PROVISIONS OF THIS SUBSECTION ONLY APPLY TO GOODS AND SERVICES USED FOR PERSONAL, FAMILY, AND HOUSEHOLD PURPOSES.

18. No Legal, Professional, Medical or Healthcare Advice

The content of the Site is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, is not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your physician with any questions you may have regarding a medical condition or before starting a weight loss regimen or diet. You should not act or refrain from acting on the basis of any of the content included in, or accessible through, the Site without seeking the appropriate legal, medical, or other professional advice. Reliance on any information appearing on the Site is strictly at your own risk.

19. Cooperation with Law Enforcement and Government Agencies; Required Disclosures

A.    You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site or the Services, but we have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.

B.     You understand and agree that we may disclose your Personal Information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent (at your expense), or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce these Terms (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Site; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.

20. Intellectual Property

A.    NSP trademarks may be used only with the express permission of NSP. Fair use of NSP trademarks in advertising and promoting its products requires proper acknowledgment that the trademarks are trademarks of NSP. All other brands and names are property of their respective owners.

B.    The Materials at the Site are copyrighted, and any unauthorized use of any of the Materials at the Site may violate copyright, trademark and other laws. You may not copy, reproduce, modify, publish, upload, post, transmit or distribute in any way the Materials except that you may download one copy of the Materials to a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by NSP in writing or as allowed by any license terms that accompany or are provided with individual pieces of information and/or works of authorship. You may not remove any copyright or other proprietary notices from the Material. You agree to prevent any unauthorized copying of the Materials.

C.     Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. Materials may not be copied, reproduced, modified, published, uploaded, posted, transmitted or distributed in any way, without NSP prior written permission. Except as expressly provided herein, NSP does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information. NSP may terminate this license at any time. Upon termination, you will immediately destroy the Materials.

21. Governing Law; Jurisdiction

A.     For all legal proceedings arising out of use of the Site, the Products, the Services, and/or relating to these Terms, these Terms and the relationship between you and us shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of Utah, without regard for conflicts of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms will be an appropriate state or federal court located in the state of Utah. If you are a distributor, to the extent permitted by applicable law, all claims and disputes in connection with your use of the Site will be resolved in accordance with those provisions in NSP’s distributor Policies and Procedures, which is incorporated herein by reference and which may be updated from time to time and effective on the date posted.

22. Dispute Resolution

A.     Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.

MANDATORY BINDING ARBITRATION

B.     Other than for the grounds set forth in Section 22.E (labeled “Exceptions to Agreement to Arbitrate”), in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof or the access or use of the Site or our Products or Services, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Lehi, Utah in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section 22. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.

C.     The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.

D.     The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.

E.     Exceptions to Agreement to Arbitrate. You and we agree that we may bypass arbitration and go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents), (b) your violation of the restrictions on use, or (c) your violation of our User Content Posting Guidelines.

23. Class Action Waiver. Other than to the extent prohibited by applicable law, any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

24. Waiver of Jury Trial. Other than to the extent prohibited by applicable law, each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.

25. Contact Us. Our contact information is: Nature’s Sunshine Products, 2901 W. Bluegrass Blvd. Lehi, UT 84043 Attn: Customer Service; Email: questions@natr.com. You may also visit our “Contact Us” website page .