Effective Date: March 9, 2012

YOU MUST READ AND AGREE TO THE TERMS OF THIS SALES AND SHIPMENT AGREEMENT BEFORE PURCHASING ANY PRODUCTS.

As used in this Agreement, the words "You" and "your" refer to any person accessing the www.HerculesVitamins.com website (the "Website"). The words "we," "us," and "our" refer to Hercules Brand Corporation ("Hercules"), and may also include our affiliated entities, officers, directors and/or employees.

BY CLICKING THE "I AGREE" BUTTON, YOU HEREBY ENTER INTO A BINDING CONTRACT WITH HERCULES BRAND CORPORATION, BASED ON THE TERMS OF THIS SALES AND SHIPMENT AGREEMENT (the "Agreement") RECITED HEREIN.

Hercules may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website in a screen accessible before You access the Website.  Any changes that are made to this Agreement will be effective immediately upon posting. Please check this Agreement periodically for changes. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement for all future uses of the Website.

1.) Scope. All terms and conditions recited in the Term Of Use [www.herculesvitamins.com/terms] and the Privacy Policy [www.herculesvitamins.com/privacy] previously entered into by You or which are available on the Website are incorporated as if recited herein. Any term not otherwise defined in this Agreement shall have the meaning specified in the Mandatory Terms of Use or the Privacy Policy. For any conflicting terms or conditions as between this Agreement and the Mandatory Terms of Use or the Privacy Policy, this Agreement will supersede and govern for all issues concerning the Sales and Shipment of your order, as defined herein.

2.) Sales and Shipment.

2.1 Sales. The prices displayed on this Website are quoted in U.S. dollars. Hercules accepts most major charge cards. By submitting your card information, you give Hercules and/or its payment processing providers, permission to charge your card, and you represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction.

Your card may be charged upon submission of any order, regardless of such purchase's content (referred to as any "Purchase"). We may, however, require additional verifications or information before accepting any order. Applicable taxes, if any, may be added to your Purchase, depending on your location of shipment or the type of products you purchase. The shipping charges you select will be added to your Purchase. Shipments within the continental U.S. for Purchases totaling more than $7.99 may, at our sole discretion, be shipped without a shipping charge.

2.2 Cancellation. We reserve the right to cancel any order, any time and for any reason. If your credit or debit card has already been charged and your order is cancelled, you shall receive a credit to your card account in the amount of the charge. We will not be responsible (i) for any charges that your card issuer may apply to you as a result of our processing your order, (ii) if your card issuer refuses or fails to authorize payment by you, or (iii) for any delays or non-delivery of products that may arise due to any validation checks that may be carried out regarding your payment or identification.

Hercules may not process a Purchase which uses an incorrect, expired, or declined credit card. Should such a Purchase be processed, Hercules reserves the right to collect funds for any uncollected transactions, and you agree to be liable for any fees, including but not limited to attorney's fees and collection costs, that Hercules may incur in its efforts to collect such unpaid balance from you, plus interest.

We will make a reasonable effort to contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

2.3 Item Availability. A product's availability is clearly noted on the product detail page as "In Stock" or "Backordered". Most items on our site are In Stock and ready to ship. Some items are either temporarily out-of-stock or are not available for shipment until a specific date.

Contingent upon availability or other cause for declining your purchase order, your payment card account is charged upon submission of any order, regardless of such order's content. Backordered items are items that may not be in-stock, but are available to purchase on our site may not be charged for any item until it is in-stock and shipped to you.

2.4 Refunds. You may return any item purchased from the Website for any reason within sixty (60) days of purchase. The product ship date is the date of purchase. You will receive a full refund for unopened and items in the original form of payment. The product must be carefully packaged. You may mail the product and receipt to:

Hercules Brand Corporation ATTN: Returns 27 Seaview Blvd Port Washington, New York 11050 USA

You are responsible for the cost of return shipping, and we must physically receive the return within the sixty (60) day period. Hercules Brand reserves the right, at its sole discretion, to reject any return that does not comply with these requirements.

Prior to returning any items, you must first contact our Customer Care Team at returns@herculesbrand.com in order to confirm your eligibility for a refund.

NO RETURNS OR REFUNDS ARE AVAILABLE FOR BULK/WHOLESALE ORDERS.

If you return a package, we recommend that you get proof of shipment, issued to your credit card. After the shipping department receives your return, it generally takes forty five (45) business days or less to process your refund. Once a return is processed, it can take a billing cycle or more for this return to be posted to your account, depending on your financial institution.

2.5 Shipment.

2.5.1 Shipment Contract. All items purchased from Hercules are made subject to your agreement to enter into a shipment contract with a carrier. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

2.5.2 Accurate Information. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with applicable shipping restrictions. You are solely responsible for providing us with accurate shipping information, and in the event that any product is returned to us as a result of your failure to do so, you shall be responsible for any additional shipping fees or other charges that may be applied. Orders not delivered due to customer error may be re-shipped at your expense. We may not accept or issue a refund for any packages marked return to sender or refused.

2.5.2 Arrival. Hercules will ship your order pursuant to the designated method you select. This includes the estimated transit time you select. Should there be a delay caused by the carrier used to ship your order. Under no circumstances will Hercules be held responsible for any damages which result from delay caused by the carrier used to ship your product, or for any cause outside the control of Hercules. You agree that your sole method of recourse resides with the carrier of your order under such circumstances.

2.5.3 Delivery. We will use our best efforts to ship the product the day after you place your order (except that orders placed Friday-Sunday will be shipped the following Monday). By making any purchase on our Website, you agree to allow up to at least twelve (12) business days to receive your product(s). Hercules recommends that all items be secured immediately upon delivery. You agree that an individual will be present at the time of delivery at the address indicated in your shipment order. Any individual at the delivery address who accepts delivery is conclusively presumed to be authorized to receive the delivery. Hercules is not responsible should such an individual not be authorized to accept such delivery. You agree that your sole method of recourse for unauthorized delivery resides with the carrier of your order. Hercules is not responsible should you enter any incorrect or inaccurate destination data in your order. If no one is present at the designated location, your shipment may be placed at the designated destination at the discretion of the carrier.

Additional shipping and handling charges may be applied for international orders. Payment of any VAT and other tariffs, taxes, import or export duties, or other fees imposed on such orders are your responsibilities. International shipment rates vary based on total package weight and final destination. Pricing on the Website may not include duties, insurance costs, tariffs, or VAT.

3.) Limits and Resale. Hercules may limit the quantity of items purchased by person or household, in any manner that Hercules deems appropriate. Hercules also reserves the right to prohibit sales to distributors or dealers. If you would like to purchase items for retail or wholesale use, or to become a Hercules authorized distributor, please contact Hercules at retail@herculesvitamins.com.

4.) Representations and Acknowledgments. By entering into this Agreement, You hereby represent and warrant that:

(i) You are authorized to use the credit card you charge your order to;

(ii) You are authorized to ship your order to the address you select; and,

(iii) You will not knowingly submit false or misleading information regarding any category of information submitted to Hercules with your order.

All online offers and prices are valid for online purchases only, and may be different from those in catalogs, other third-party websites, and in retail stores.

You acknowledge that it is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the purchase, possession and use of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

5.) LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

5.1 IN NO EVENT SHALL HERCULES OR ITS AFFILIATES, THEIR DIRECTORS AND OFFICERS AND EMPLOYEES, THEIR SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ANY OTHER INDIVIDUAL'S USE OF OR ACCESS TO THE WEBSITE OR ANY PURCHASE PLACED THEREON.  HERCULES DOES NOT WARRANT THAT ACCESS TO THE WEBSITE OR PROCESSING AND DELIVERY OF YOUR PURCHASE WILL BE UNINTERRUPTED OR ERROR-FREE.  ADDITIONALLY, HERCULES DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY HERCULES TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE OR EFFECTIVE. ADDITIONALLY, HERCULES DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY YOU TO HERCULES VIA THE WEBSITE IS ACCURATE OR EFFECTIVE. FURTHER, NEITHER HERCULES, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE OR PROCESSING OR DELIVERY OF ANY PURCHASE MADE USING THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE OR THE PLACEMENT OF ANY PURCHASE HEREON.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, THE MATERIALS OR THE PLACEMENT OF ANY PURCHASE IS TO STOP USING THE WEBSITE OR THE MATERIALS, OR SEEK A REFUND OR CREDIT, IF AVAILABLE.

Without limiting the foregoing, everything on the Website is provided to you "AS IS" and HERCULES SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, ANY SERVICE PROVIDED VIA THE WEBSITE AND ANY PRODUCTS PURCHASED HEREON.

5.2 Hercules and its affiliates, and their officers, employees, suppliers, directors, parents, and subsidiaries will not be liable to you for any direct or indirect loss of profit or for any indirect, special, incidental or consequential damages (whether arising under contract, strict liability, warranty or tort, including negligence or otherwise), arising out of or related to this Agreement, or the delivery or use of the goods under this Agreement or any breach of this Agreement, including but not limited to lost profits, lost revenue, failure to realize expected savings, lost business, lost savings, or other commercial or economic loss of any kind or for any claim against You by another party arising out of or in connection with the delivery or use of the goods provided under this Agreement or any breach of this Agreement, even if Hercules or any authorized agent has been advised of the possibility of such damages occurring.

5.3 To the extent any exclusion or other provision contained in this Agreement shall be held invalid or unenforceable and Hercules becomes liable for loss or damage, Hercules' total liability under or in connection with this Agreement to you for any direct or indirect loss of profit or for any indirect, special, incidental or consequential damages (whether arising under contract, strict liability, warranty or tort, including negligence or otherwise), arising out of or related to this, or the delivery or use of the goods provided under this Agreement or any breach of this Agreement, including but not limited to lost profits, lost revenue, loss of use, failure to realize expected savings, lost business, lost savings, or other commercial or economic loss of any kind or for any claim against You by another party arising out of or in connection with the delivery or use of the goods provided under this Agreement or any breach of this Agreement, shall not exceed in aggregate the cost of your order paid by You to Hercules.

5.4 Hercules does not exclude or limit liability for personal injury (including sickness and death) to the extent that such injury results from the gross negligence or willful acts or omissions of Hercules, its servants, agents or subcontractors nor for its fraudulent misrepresentation. Hercules' liability, if any, however, shall be reduced by the extent of your contributory negligence or culpability.

6.) General Provisions

6.1 Waivers and Limitation of Actions. No delay or omission in the exercise of any power or remedy available hereunder shall impair or affect either party's rights to exercise thereof. No action, regardless of form, arising out of the transactions contemplated herein may be brought more than one (1) year after the cause of action has accrued.

6.2 Force Majeure. If either party shall delay in its performance of any obligation hereunder or be prevented entirely from performing any such obligation due to causes or events beyond its control, including without limitation any act of God, terrorism, fire, strike or other labor problem, present or future law, government order, rule or regulation, such delay or non-performance shall be excused and the time for performance shall be extended to include the period of such delay or non-performance.

6.3 Invalid Provision. In the event that any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. In addition, the unenforceable provisions shall be enforced to the point permitted by law and shall otherwise be reformed to accomplish the intent of the provision.

6.4 Third Parties. Nothing in this Agreement shall confer or purport to confer on any third party (which is not a party to this Agreement) any benefit or right to enforce any term of this Agreement.

6.5 Section Headings. The section and subsection headings used herein are for reference and convenience only and shall not enter into the interpretation thereof.

6.6 Exclusion of Other Terms and Oral Variations. This Agreement, the Mandatory Terms of Use and the Privacy Policy, represents the entire agreement concerning the shipments and sales to which it applies and supersedes all previous proposals and/or prior agreements, whether written or oral, and any other communications between Hercules, its authorized dealers, agents and employees concerning the subject matter hereof. This Agreement cannot be modified except by a written document agreed and signed by a duly authorized officer of Hercules.

6.7 Questions. If you have any questions regarding this Agreement, you must contact Hercules before pressing the "I Agree" button. Your pressing of the "I Agree" button will indicate your full understanding and acceptance of the terms and conditions contained herein.


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