Terms of service

Welcome to trulean.com, an online website operated by ENP Ventures (Trulean Nutrition), a California limited liability company (“ENP Ventures (Trulean Nutrition)”, “We”, “Our”, or “Us”). The Site enables visitors (“Users”) who are at least eighteen (18) years of age to make purchases, access general information and to make use of services and participate in programs promoting the ENP Ventures (Trulean Nutrition) philosophy and practice, including but not limited to email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and various other message communication applications and products and services, including but not limited to PDFs, audio materials, visual materials, online courses, training programs, supplements and foods. These Terms & Conditions of Use (the “Agreement”) set forth the terms and conditions which govern Your use of the Site and apply to information We collect on this Site, through electronic mail (“e-mail”), text and other electronic messages between You and this Site, through mobile and desktop applications You download from this Site, and when You interact with our advertising and applications on third-party websites and services.

Please read this Agreement carefully before accessing the Site. By accessing the Site, Users agree to be bound by the terms and conditions set forth in this Agreement. If Users do not wish to be bound by this Agreement and Our Privacy Policies, they are not authorized to use this Site. This Site is offered and available to Users who are eighteen (18) years of age or older. By using this Site, You represent and warrant that You meet all of the foregoing eligibility requirements. If You do not, You must not access or use the Site.

ENP Ventures (Trulean Nutrition) reserves the right to modify this Agreement at any time which changes shall be effective immediately and apply to all access to and use of the Site thereafter. You agree to review the Agreement periodically to be aware of such modifications and Your continued use of the Site shall be deemed to be Your conclusive acceptance of any modified Agreement. We reserve the right to withdraw or amend this Site and any service or material We provide, in Our sole discretion without notice. From time to time We may restrict access to some parts or all of the Site to Users, including Registrants.

You acknowledge and agree that You will consult with Your physician if You have any questions or wish to seek advice regarding a medical condition, Your diet, nutritional supplements, an exercise regimen or any other matter related to Your health or general well-being. ENP Ventures (Trulean Nutrition) cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any material or the suitability or safety of any Content or products provided on this Site. ENP Ventures (Trulean Nutrition) expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, statement or other information posted on the Site by Users. You bear sole responsibility for Your own health and diet research and decisions.

THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE

Information on this Site is provided for educational purposes only and is not intended as a substitute for the advice provided by Your physician or other healthcare professional. You should not use the information on this Site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with Your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. If You purchase any products or services through a link on this Site, You should read carefully such providers’ terms of use, Our Privacy Policy as set forth at and all product packaging, service descriptions and instructions. There may be risks associated with the products and services mentioned on this Site. You use these products and services of Your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. If You have or suspect that You have a medical problem, promptly contact Your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something You have read on this Site. Information provided on this Site and the use of any products or services purchased by You through a link on Our Site DOES NOT create a doctor-patient relationship between You and any of the physicians affiliated with Our Site. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Testimonials, case studies, and examples found on this Site are not intended to represent or guarantee that anyone will achieve the same or similar results. If We have disclosed typical results based on information provided to Us by a manufacturer or other reputable third party source, You should presume that the typical results as stated are more reliable than the testimonials and other examples found on this Site. However, You should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to Us by manufacturers or other reputable third parties. If a product or service is new, You understand that it may not have been available for purchase long enough to provide an accurate results history.

Registration.

1.1 Capacity. Each User who wishes to make use of certain features offered through the Site, as described herein, must register with the Site (each a “Registrant”, collectively the “Registrants”) (Registrants, along with the Users “You” or “Your”). By checking the box “Accept” next to the text of the “Terms and Conditions of Use”, each Registrant acknowledges that such Registrant is at least eighteen (18) years of age and has read, agrees with and accepts to be bound by the terms and conditions set forth in this Agreement. Failure to check the “Accept” box will prevent an individual from becoming a Registrant.

1.2 Accurate Information. Registrants agree to provide Us with accurate, complete and current information during registration, and to update information provided to Us if and when such information should change.

1.3 Registrant Profile; Password. Registrants will receive a user ID and password (“Registrant Profile”). Registrants agree not to allow any third party to use their Registrant Profile to access the Site and to safeguard the information that would allow another person or entity to access the Site by using their Registrant Profile to keep all such information confidential. Registrants agree to be responsible for their failure to safeguard such information and/or to allow any other person or entity to access or use the Site by using their Registrant Profile. No part of a Registrant Profile may be transferred or sold to another party. You agree that all Registrant’s Content and information associated with a Registrant Profile is governed by the Privacy Policy and You consent to all actions We take with respect to Your information consistent with the Privacy Policy. Registrants agree to notify ENP Ventures (Trulean Nutrition) immediately of any unauthorized use of their Registrant Profile or the Site. Registrants and Users agree that ENP Ventures (Trulean Nutrition) shall not be liable for any loss that results from the unauthorized use of a Registrant’s Registrant Profile, either with or without such Registrant’s knowledge.

1.4 Revocation of Registration. Registrant agrees that ENP Ventures (Trulean Nutrition) has the right to cancel their registration for any reason at any time, in Our sole discretion. The revocation of a Registrant’s registration shall result in the disabling of any user name, password or other identifier if, in Our opinion, You have violated any provision of this Agreement. The loss of access to portions of the Site accessible by Registrants, and Registrants agree that ENP Ventures (Trulean Nutrition) shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect Our interests.

1.5 Charges. While use of the Site is currently free of charge, You acknowledge that We may, in Our sole discretion, decide at any time to charge for such access and services.

MEDICAL DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT THE SITE, INCLUDING BUT NOT LIMITED TO ALL TEXT, DATA, IMAGES, GRAPHICS, PHOTOGRAPHS, AUDIO, VIDEO, SOFTWARE, INFORMATION, PROGRAMS, TELESEMINARS, ARTICLES, COMMENTS, STORIES, MESSAGES, POSTINGS, INFORMATION, ENP Ventures (Trulean Nutrition) MATERIALS (AS HEREINAFTER DEFINED), REGISTRANT CONTENT (AS HEREINAFTER DEFINED) AND ALL OTHER CONTENT (COLLECTIVELY, “CONTENT”) PROVIDED IN CONNECTION WITH THE SITE BY ENP Ventures (Trulean Nutrition) OR THIRD PARTIES ON BEHALF OF ENP Ventures (Trulean Nutrition), AND ALL REGISTRANT CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE OR SUBSTITUTE FOR (I) MEDICAL ADVICE OR COUNSELING, (II) THE PRACTICE OF MEDICINE INCLUDING BUT NOT LIMITED TO PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, (III) THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT, OR (IV) THE CREATION OF A PHYSICIAN-PATIENT OR CLINICAL RELATIONSHIP BY ENP Ventures (Trulean Nutrition) OR ANY OF ENP Ventures (Trulean Nutrition)’ AGENTS, AFFILIATES, EMPLOYEES, CONSULTANTS OR SERVICE PROVIDERS (COLLECTIVELY, WITH ENP Ventures (Trulean Nutrition), THE “ENP Ventures (Trulean Nutrition) PARTIES”). YOU ACKNOWLEDGE AND AGREE THAT CONTENT SHOULD BE USED ONLY IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. IF YOU HAVE ANY QUESTIONS OR WISH TO SEEK ADVICE REGARDING A MEDICAL CONDITION, YOUR DIET, NUTRITIONAL SUPPLEMENTS, AN EXERCISE REGIMEN OR ANY OTHER MATTER RELATED TO YOUR HEALTH OR GENERAL WELL-BEING, YOU AGREE THAT YOU WILL CONSULT WITH YOUR PHYSICIAN BEFORE UTILIZING ANY CONTENT APPEARING ON THE SITE.

Content.

3.1 Registrant Content. ENP Ventures (Trulean Nutrition) offers Registrants the opportunity to participate in various interactive resources, including message boards, blogs, and chat rooms. ENP Ventures (Trulean Nutrition) also provides Registrants with the opportunity to publish, display, or otherwise transmit directly or indirectly (“Post”) certain text to the Site (“Registrant Content”).

3.2 Posting. In connection with any and all Registrant Content, Registrant warrants and represents that (i) such Registrant either owns all rights title and interest in and to such Registrant Content, or (ii) such Registrant has obtained prior written authorization from the owner(s) of all rights title and interest in and to such Registrant Content and that all Registrant Content does and will comply with this Agreement. By Posting Registrant Content to the Site, Registrant also warrants and represents that such Registrant Content does not and will not infringe or violate any party’s proprietary, publicity, privacy, or other rights and that such Registrant Content is and will not be defamatory or libelous. Registrant agrees not to Post any Registrant Content that:

(a) is fraudulent;

(b) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;

(c) interferes with or disrupts the Site, services connected to the Site, or otherwise interferes with operations or services of this Site in any way, including through the use of JavaScript, ActiveX, or other coding;

(d) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work;

(e) is patently offensive to the Site community, such as any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(f) constitutes or attempts to offer medical advice or counseling;

(g) harasses or harms, or advocates the harassment or harming of another person;

(h) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

(i) promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(j) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) displays pornographic, obscene or sexually explicit material of any kind;

(l) provides material that exploits people in a sexual or violent manner, is exploitative of a minor or solicits personal information from anyone under the age of 18;

(m) provides instructional information about illegal activities;

(n) solicits passwords or PII for commercial or unlawful purposes from other Registrants or PII from Users;

(o) causes Us to lose (in whole or part) the services of Our ISPs or other suppliers;

(p) links to materials or other Content, directly or indirectly, to which such Registrant does not have a right to link;

(q) encourages others to violate this Agreement; or

(r) violates any applicable local, state, national, or international law.

All of the foregoing (a)-(r) shall be collectively known as “Content Restrictions”.

3.3 Quality of Registrant Content; Review of Registrant Content; DISCLAIMER.

(a) ENP Ventures (Trulean Nutrition) has no obligation to and does not, in its ordinary course of business, review Registrant Content, and therefore We assume no liability for and do not guarantee the accuracy, integrity or quality of such Registrant Content and We cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Registrant Content will not appear on the Site. ENP Ventures (Trulean Nutrition) has the absolute right to monitor all Registrant Content in Our sole discretion. In addition, We reserve the right to alter, edit, refuse to Post or remove any Registrant Content, in whole or in part, for any reason or for no reason, and to disclose such materials, Your identity and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, Our Registrants, Users and service providers. ENP Ventures (Trulean Nutrition) has no obligation to use or respond to any of submissions of Registrant Content. In the event that You object to any Content appearing on the Site, You shall notify ENP Ventures (Trulean Nutrition) in writing.

(b) ENP Ventures (Trulean Nutrition) EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND ENDORSEMENT AND MAKES NO REPRESENTATION AS TO THE VALIDITY OF ANY REGISTRANT CONTENT POSTED ON THE SITE. ENP Ventures (Trulean Nutrition) EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY REGISTRANT CONTENT, FOR LINKS EMBEDDED THEREIN, OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY REGISTRANT CONTENT. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ENP Ventures (Trulean Nutrition) BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH REGISTRANT CONTENT. THE OPINIONS EXPRESSED BY REGISTRANT CONTENT ARE SOLELY THE OPINIONS OF THE REGISTRANTS WHO HAVE POSTED SUCH CONTENT, AND DO NOT REFLECT THE OPINIONS OF ENP Ventures (Trulean Nutrition). YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES LICENSES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

3.4 Public Content. Any Registrant Content shall be considered non-confidential and non-proprietary. No Registrant Content posted via message boards, chat rooms or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on ENP Ventures (Trulean Nutrition)’s part and ENP Ventures (Trulean Nutrition) shall not be liable for any use or disclosure of any such Registrant Content.

3.5 Usage Limitations. Registrant Content may be subject to size and usage limitations. Registrants are responsible for adhering to such limitations.

Commercial Transactions.

4.1 Purchases. Products and/or services are offered for sale through the Site. In the event You wish to purchase any of these products or services, You will be asked by ENP Ventures (Trulean Nutrition) or an authorized third party on ENP Ventures (Trulean Nutrition)’ behalf to supply certain personally identifiable information (“PII”), including without limitation, Your full name, address, telephone number and credit card information. You agree to provide ENP Ventures (Trulean Nutrition) or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any agreement that You may enter into which governs Your purchase of such product or service. You shall be responsible for all charges incurred through Your account as well as any shipping and applicable taxes.

4.2 Payment. Your right to use any service or product that is available for purchase through the Site is conditional on Our receipt of payment for such service or product. If payment cannot be charged to Your credit card or if a charge is refunded for any reason, including chargeback, We reserve the right to either suspend or terminate Your account, thereby terminating this Agreement and all obligations hereunder.

Intellectual Property.

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design selection and arrangement thereof) are owned by ENP Ventures (Trulean Nutrition), its licensors or other providers of such material and are protected by Us and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

5.1 Copyright. Except for Registrant Content, any content contained in the Site and any newsletters or other materials created and distributed through the Site by ENP Ventures (Trulean Nutrition) (“ENP Ventures (Trulean Nutrition) Materials”), its licensors or suppliers are the property of ENP Ventures (Trulean Nutrition) or its licensors or suppliers, as applicable, and are protected under the copyright laws of the United States and other countries. You must abide by all copyright notices or restrictions contained on the Site. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for Your personal, non-commercial use.

5.2 ENP Ventures (Trulean Nutrition) Materials. Subject to the limited license set forth in Section 6.3 hereof, You will have the opportunity to download and use certain ENP Ventures (Trulean Nutrition) Materials. You acknowledge and agree that You shall not infringe or otherwise violate the copyright or other proprietary rights of any ENP Ventures (Trulean Nutrition) Materials.

5.3 Integrity of Registrant Content. In connection with any and all Registrant Content, Registrant warrants and represents that (i) such Registrant either owns all rights title and interest in and to such Registrant Content, or, alternatively, (ii) such Registrant has obtained prior written authorization from the owner(s) of all rights title and interest in and to such Registrant Content. By Posting Registrant Content to the Site, Registrant also warrants and represents that such Registrant Content does and will not infringe or violate any party’s proprietary, publicity, privacy, or other rights and that such Registrant Content is and will not be defamatory or libelous.

5.4 Trademarks. For the purpose of trademark management, ENP Ventures (Trulean Nutrition) defines ‘ENP Ventures (Trulean Nutrition) Products’ (Product) as the sum of the following three parts:

Physical ENP Ventures (Trulean Nutrition) Products (unaltered canister/bottles containing Product)

All marketing materials prescribed for distribution with said Product

Warranties and protections offered purchasers when purchasing Products from ENP Ventures (Trulean Nutrition), or from participants in ENP Ventures (Trulean Nutrition)’s Authorized Reseller Program.

Products not containing the sum of its parts (products purchased from unauthorized resellers, who by definition, operate with no warranty protections that ENP Ventures (Trulean Nutrition) is contractually bound to honor for example) are defined by ENP Ventures (Trulean Nutrition) policy as ‘materially different’ from ENP Ventures (Trulean Nutrition) products sold to end users (customers) by ENP Ventures (Trulean Nutrition) or participants in ENP Ventures (Trulean Nutrition)’s authorized reseller program, and thus are not authorized for resell. Products not purchased from this website, a partnering ENP Ventures (Trulean Nutrition) owned website, or participants of ENP Ventures (Trulean Nutrition)’s Authorized Reseller Program are absent Product part 3 as defined above, and are thus not suited for resell, lest an incomplete and thus materially different product be sold in violation of ENP Ventures (Trulean Nutrition)’s trademark. Warranties and protections offered purchasers when purchasing Products from ENP Ventures (Trulean Nutrition), or from participants in ENP Ventures (Trulean Nutrition)’s Authorized Reseller Program cannot be sold or purchased, and are held exclusively by ENP Ventures (Trulean Nutrition), or conferred contractually to participants in ENP Ventures (Trulean Nutrition)’s Authorized Reseller Program. As all commercially available parts of ENP Ventures (Trulean Nutrition) Products as defined above cannot be purchased from ENP Ventures (Trulean Nutrition), or a participant in ENP Ventures (Trulean Nutrition)’s Authorized Reseller Program, or acquired through any means other than contractual agreement with ENP Ventures (Trulean Nutrition) as part of the Authorized Reseller Program; You acknowledge not to resell ENP Ventures (Trulean Nutrition) products purchased absent an Authorized Reseller Agreement, lest You violate ENP Ventures (Trulean Nutrition)’s trademark for the sale and distribution of ENP Ventures (Trulean Nutrition) Products containing ‘material differences’ from Products sold using ENP Ventures (Trulean Nutrition)’s authorized channels of distribution. By acknowledging and agreeing to these terms, you further acknowledge any unauthorized resell as described above to be in violation of U.S.Trademark law, as an excepted party to the First Sale Doctrine, due to the sale or distribution of ENP Ventures (Trulean Nutrition) Products, which exhibit a ‘material difference’ (id est. no consumer protection or warranties that ENP Ventures (Trulean Nutrition) is bound by the FTC or contractually to honor) from products offered by ENP Ventures (Trulean Nutrition), ENP Ventures (Trulean Nutrition) affiliated websites, or participants in ENP Ventures (Trulean Nutrition)’s Authorized Reseller Program.

5.5 Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of ENP Ventures (Trulean Nutrition) or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, re-publish, distribute, modify or Post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Site, without Our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits ENP Ventures (Trulean Nutrition), its licensors or suppliers.

5.6 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is Our policy to terminate the accounts of repeat infringers. If You believe that Your Registrant Content has been copied and Posted on the Site in a way that constitutes copyright infringement, please provide Our copyright agent with the following information: an electronic or physical signature of the copyright owner or 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 e-mail address; a written 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon ENP Ventures (Trulean Nutrition) actual knowledge of facts or circumstances from which infringing material or acts are evident. ENP Ventures (Trulean Nutrition)’ copyright agent for notice of claims of copyright infringement can be reached as follows:

Please send an e-mail to orders@trulean.com, call us at 888-638-3222 or write us at the following address: 5867 Pine Ave. Chino Hills, CA 91709.

We suggest that You consult Your legal advisor before filing a notice with ENP Ventures (Trulean Nutrition)’ copyright agent. Be advised that pursuant to this Agreement You are granting certain licenses to use Your Registrant Content. You should note that there can be penalties for false claims under the DMCA.

License.

6.1 Use. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Site, except that You may download Content from the Site as machine readable copies and/or print copies of any web page, provided that such copies will be used for Your own personal (non-commercial) use and not for the purposes of competing in any manner with the Site or ENP Ventures (Trulean Nutrition). If Your rights to use the Site ceases for any reason, You must, at Our option, return or destroy any copies of the Content You may have made.

6.2 Grant of License to Registrant Content. By Posting Registrant Content to the Site or by otherwise submitting Registrant Content to Us, Registrants automatically grant, and represent and warrant that they have the right to grant to ENP Ventures (Trulean Nutrition), a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Registrant Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Registrant Content (in whole or in part) and/or to incorporate such Registrant Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Registrant Content for any purpose, including for purposes of advertising and publicity on the Site and elsewhere. ENP Ventures (Trulean Nutrition) shall not be limited in any way in its use, commercial or otherwise, of any Registrant Content appearing on the Site. Registrants hereby waive any moral rights in, or approval rights to, such Registrant Content. Further, We have the explicit right to incorporate any Registrant Content into any further work, in any medium, without prior consent or review, and without payment of any royalty or fee whatsoever.

6.3 Grant of License to ENP Ventures (Trulean Nutrition) Materials. As part of Your use of the Site, ENP Ventures (Trulean Nutrition) grants to You a revocable, non-exclusive, non-transferable and limited license, without the right to sublicense, for the sole purpose of downloading and viewing ENP Ventures (Trulean Nutrition) Materials on Your personal computer for Your own personal, non-commercial use only. The grant of this limited license is in no way intended, and shall not be interpreted, to grant to You any rights or license permitting You (i) to translate, alter, copy, revise, modify, change, or create derivative works based on ENP Ventures (Trulean Nutrition) Materials in whole or in part; (ii) to publish, display, distribute, sell, rent or otherwise make ENP Ventures (Trulean Nutrition) Materials, in whole or in part, available to any third party; or (iii) to print or otherwise reproduce ENP Ventures (Trulean Nutrition) Materials, in whole or in part. Subject to the limited license granted in this Section 6.3, ENP Ventures (Trulean Nutrition) retains any and all rights that now or hereafter exist with respect to ENP Ventures (Trulean Nutrition) Materials. ENP Ventures (Trulean Nutrition) reserves the right to revoke the display, sale or otherwise use of ENP Ventures (Trulean Nutrition) or ENP Ventures (Trulean Nutrition) licensed materials upon request for any reason.

Links.

ENP Ventures (Trulean Nutrition) and/or third parties may provide links to other websites of possible interest to you. Because We have no control over such websites, You acknowledge and agree that We are not responsible for the availability of such websites, We do not sponsor or endorse such websites, and We are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites and Your access and use such websites at Your own risk. You also acknowledge and agree that ENP Ventures (Trulean Nutrition) 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.

You may include on Your website a link to a Site, provided that Your website does not violate any Content Restrictions. Further, Your link, nor any other content on Your website, shall not mislead or suggest that Your website is sponsored by or affiliated with the Site. ENP Ventures (Trulean Nutrition) reserves the right to revoke, at any time, this limited authorization to link to the Site.

DISCLAIMER OF WARRANTIES.

8.1 REGISTRANTS AND USERS ACKNOWLEDGE AND AGREE THAT THEIR USE OF THE SITE IS AT THEIR SOLE RISK. ENP Ventures (Trulean Nutrition) EXPRESSLY DISCLAIMS AND HAS NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THE SITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING THE SITE. NO INFORMATION OBTAINED FROM ENP Ventures (Trulean Nutrition), WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. ENP Ventures (Trulean Nutrition) SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE SITE. SPECIFICALLY, ENP Ventures (Trulean Nutrition) DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE SITE.

8.2 You understand that we cannot and do not guarantee or warrant that filed available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF ENP Ventures (Trulean Nutrition). ENP Ventures (Trulean Nutrition) MAKES NO GUARANTY OF CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.

8.3 PRODUCTS PURCHASED FROM WEB STORE FRONTS NOT OWNED BY ENP Ventures (Trulean Nutrition), OR OUTSIDE OF ENP Ventures (Trulean Nutrition)’S AUTHORIZED RESELLER PROGRAM ARE NOT PROTECTED BY ENP Ventures (Trulean Nutrition) WARRANTIES, AND ARE CLASSIFIED BY ENP Ventures (Trulean Nutrition) AS MATERIALLY DIFFERENT THAN PRODUCTS PURCHASED FROM ENP Ventures (Trulean Nutrition), ENP Ventures (Trulean Nutrition)’S OWNED WEB STORE FRONTS, AND ENP Ventures (Trulean Nutrition) AUTHORIZED RESELLERS.

LIMITATION OF LIABILITY.

9.1 IN NO EVENT SHALL ENP Ventures (Trulean Nutrition), ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY GOODS AND/OR SERVICES ACQUIRED THROUGH THE SITE, WHETHER OR NOT ENP Ventures (Trulean Nutrition) PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF ENP Ventures (Trulean Nutrition) TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH GIVE RISE TO YOUR CLAIM, OR (B) $100.

9.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 8 OR 9 HEREOF MAY NOT APPLY TO YOU.

Indemnity. You shall indemnify and hold harmless ENP Ventures (Trulean Nutrition), its affiliates or their licensors, service providers, employees, agents, officers or directors from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys’ fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against ENP Ventures (Trulean Nutrition), arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with, any use or misuse of Registrant Content Posted to or transmitted through Our Site, Your use of Our Site, Your connection to Our Site, Your breach of this Agreement, or Your violation of any law or the rights of a third party.

Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between You and such third party. You agree that ENP Ventures (Trulean Nutrition) shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

Some of our third-party advertisers and ad servers that place and present advertising on the Site may collect information from You via cookies, web beacons or similar technologies. These third-party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements’ effectiveness, or for other purposes. The use and collection of Your information by these third-party advertisers and ad servers is governed by the relevant third-party’s privacy policy and is not covered by our Privacy Policy and may be different from our Privacy Policy. If You have any concerns about a third party’s use of cookies or web beacons or use of Your information, You should visit that party’s website and review its privacy policy.

We may also make some content, products and services available through our Site through cooperative relationships with third-party providers (“Providers”), where the brands of our Providers appear on the Site(s) in connection with such content, products and/or services. We may share with our Providers any information You provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our Providers. In some cases, the Providers may collect information from You directly, in which cases the privacy policy of our Providers may apply to the Providers’ use of Your information. The privacy policy of our Providers may differ from ours. If You have any questions regarding the privacy policy of the Providers, You should contact the Providers directly for more information. We shall have no responsibility or liability for the data collection and use practices of those sites.

Privacy. ENP Ventures (Trulean Nutrition) views the protection of Your privacy as a very important responsibility. The terms regulating the handling of personally identifiable information and other information provided by You in connection with the Site is described in Our Privacy Policy.

No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between You and ENP Ventures (Trulean Nutrition) by this Agreement.

Notices. Except as provided in the following sentence, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: 5867 Pine Ave. Chino Hills, CA 91709 and to a Registrant at the address listed in such Registrant’s Registration Profile.

Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and You hereby submit to exclusive jurisdiction in the federal and state courts of California although We retain the right to bring any suit, action or proceeding against You for breach of this Agreement in Your county of residence or any other relevant county. You agree to receive service of process through certified mail or by other means sanctioned by law, and You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. 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 OUR SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Class Action Waiver and Arbitration. THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROVIDES THAT ANY DISPUTE ARISING FROM THIS AGREEMENT MAY BE RESOLVED BY BINDING ARBITRATION, WHICH REPLACES THE RIGHT TO GO TO COURT. THIS SECTION PROHIBITS YOU FROM BRINGING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, INCLUDING IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, AND PROHIBITS YOU FROM BRINGING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN ADDITION, THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROHIBITS YOUR ABILITY TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, AND PROHIBITS YOUR ABILITY TO BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. THE WAIVERS SET FORTH IN THIS SECTION INCLUDE ANY CLAIM THAT YOU MAY HAVE AGAINST ENP Ventures (Trulean Nutrition) WITH RESPECT TO ANY THIRD PARTY SERVICE. TO THE EXTENT A PROVIDER OF A THIRD PARTY SERVICE JOINS ENP Ventures (Trulean Nutrition) IN ANY ACTION BETWEEN YOU AND SUCH PROVIDER, YOU AGREE THAT THIS SECTION SHALL APPLY TO ANY CLAIMS THAT YOU MAY HAVE AGAINST ENP Ventures (Trulean Nutrition). IF NOT FOR THIS CLASS ACTION WAIVER AND ARBITRATION SECTION, YOU MAY HAVE OTHERWISE HAD A RIGHT TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS) AND YOU AND ENP Ventures (Trulean Nutrition) MAY OTHERWISE HAVE HAD A RIGHT TO BRING CLAIMS IN A COURT BEFORE A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED BELOW, YOU WAIVE ANY OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL A DECISION.

The party filing a claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or JAMS/Endispute, both of which are independent from Us. Any arbitration will be conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as provided herein. Arbitration hearings will be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which You reside at the time the claim is filed or at some other place as agreed by the parties in writing. Copies of the current rules of the arbitration administrators named above, and well as information about arbitration and arbitration fees, and instructions for initiating arbitration may be obtained by using the following contact information:

American Arbitration Association

1633 Broadway, 10th Floor, New York, NY 10019

Website: www.adr.org

Telephone: 800-778-7879

JAMS

1920 Main Street, Suite 300, Irvine, CA 92614

Website: www.jamsadr.com

Telephone: 800-352-5267

General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by ENP Ventures (Trulean Nutrition), in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between Us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.

Contact Us. If you have any questions about these disclaimers or about testimonials, Privacy Policy, case studies, and/or examples found at trulean.com, please send an e-mail to orders@trulean.com, or write us at the following address: Trulean 5867 Pine Ave Chino Hills CA 91709.

If You are a California resident and our customer, Cal. Civ. Code 1798.83 permits You to request certain information about our disclosure of personal information to third parties for their direct marketing purposes. If you have any questions about these disclaimers or about testimonials, Privacy Policy, case studies, and/or examples found at trulean.com, please send an e-mail to orders@trulean.com, call us at 888-638-3222 or write us at the following address: Trulean 5867 Pine Ave. Chino Hills, CA 91709

Disclaimer. ENP Ventures (Trulean Nutrition) is a provider of online information relating to health, nutrition, diet and vitality. ENP Ventures (Trulean Nutrition) is not a healthcare practitioner or provider. This Site is provided for general informational purposes only and is not intended to constitute or substitute for (i) medical advice or counseling, (ii) the practice of medicine including but not limited to psychiatry, psychology, psychotherapy or the provision of health care diagnosis or treatment, (iii) the creation of a physician-patient or clinical relationship, or (iv) an endorsement, a recommendation or a sponsorship of any third party, product or service by ENP Ventures (Trulean Nutrition) or any of its ENP Ventures (Trulean Nutrition) affiliates, agents, employees, consultants or service providers. If You have or suspect that You have a medical problem, contact Your health care provider promptly.

Electronic Communications. By becoming a Registrant or by sending e-mails to Us, You are communicating with Us electronically. We will communicate with You by e-mail or by posting notices on this Site. You consent to receive communications from Us electronically. Further, You agree that all communications including but not limited to agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

Resale. No products purchased from this Site shall be resold without written permission from ENP Ventures (Trulean Nutrition).

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

ENP Ventures (Trulean Nutrition) (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of supplement and nutrition products, recipes, and health and fitness related products. Messages may include checkout reminders.

Cost and Frequency: Message and data rates may apply. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at orders@trulean.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Chino Hills, California before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which ENP Ventures (Trulean Nutrition) principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

We and together with our partner ReCharge Inc. (hereinafter, “Recharge”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (“Program Terms”). By opting in to or participating in the Program, you accept and agree to these Program Terms, including, without limitation, your agreement to resolve any disputes with us and/or Recharge through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. These Program Terms are limited to the Program and are not intended to modify other agreements or terms and conditions that may govern the relationship between you and Us, or you and Recharge in other contexts.

User Agreement to Receive Text Messages

You agree to receive SMS mobile messages from Us and Recharge at the phone number you provided when you signed up for your subscription, and any additional or updated phone number you provide as a contact number in connection with your subscription. Regardless of how you joined the Program, you agree that these Program Terms apply to your participation in the Program. You agree to receive autodialed, prerecorded, or predetermined mobile messages at the phone number associated with your subscription, and you understand that your consent to receive these messages is not required to make any purchase. These messages will include information on how to manage your subscription and may include special offers and other promotional content. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of the mobile messages you receive from Us or Recharge are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out

If you do not wish to continue participating in the Program or no longer agree to these Program Terms, you agree to reply STOP to any mobile message from Recharge in order to opt out of the Program. You also may email Recharge with your phone number and the subscription for which you wish to opt out of the Program at sms@rechargeapps.com. You may continue to receive SMS messages while we process your request, and you may receive a mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out of the Program. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, Recharge, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US AND RECHARGE HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO COMPLY WITH YOUR DUTY TO NOTIFY US IN ACCORDANCE WITH THIS SECTION, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description

Without limiting the scope of the Program, users can expect to receive messages concerning the management of the users digital subscription, events, available products and services, and special promotions.

Cost and Frequency

Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with the Program.

Support Instructions

For support regarding the Program, text “HELP” to the number you received messages from our email at support@rechargeapps.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

Our Disclaimer of Warranty

The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We and Recharge will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our and Recharge’s control.

Participant Requirements

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution

In the event that there is a dispute, claim, or controversy between you and Us, or between you and Recharge or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to the Program, federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined through binding arbitration or, if applicable, in small claims court.

Any arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules or, if applicable, the Consumer Arbitration Rules, of then in effect. Except as otherwise provided herein, this arbitration agreement is governed by the Federal Arbitration Act (“FAA”) and the arbitrator shall apply the substantive laws of California, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience as an arbitrator and and have experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, under the applicable rules, who must satisfy the same experience requirements. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the “FAA”. The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. If allowed for by the applicable rules, each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. Unless expressly allowed for by applicable law, the arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Last Updated: January 31st, 2023

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