PACK REWARDS Loyalty Program Terms and Conditions
Last updated: January 6, 2023
California Residents: The Nutrient Survival Rewards Loyalty Program may be considered a “financial incentive” under California law. Please review our CCPA Financial Incentive Notice below.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE PACK REWARDS LOYALTY PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT PARTICIPATE IN THE PACK REWARDS LOYALTY PROGRAM.
1. PROGRAM ELIGIBILITY AND MEMBERSHIP
The PACK REWARDS Loyalty Program (“PACK REWARDS” or the “Program”) is a five leveled loyalty and rewards program, with a basic Level One (the “PACK FAMILY”), a Level Two (the “SILVER”), a Level Three (the “GOLD”) a Level Four (the “PLATINUM”), and a Level Five (the “ALPHA X”) which is offered at the sole discretion of NUTRIENT SURVIVAL, LLC. (“NUTRIENT SURVIVAL”, “we”, “our” or “us”). There is no purchase, payment or credit card required to sign up for, join and/or participate in the basic Level One of the Program. Members in the basic Level One have the option to advance to Levels Two, Three, Four or Five based upon the accumulation of loyalty “points” which are earned through qualifying purchases and participation in program activities. To achieve a particular Level, you must accumulate the following number of points:
Pack Rewards is a level-based Program determined by the points a member has earned within a single year on eligible purchases and through qualifying activities, beginning on the date of enrollment or on the date of a level upgrade. Your earned status level “Pack Family”, “Silver”, “Gold”, “Platinum” or “Alpha X” status, will be active on a rolling 6 consecutive month basis and determined by the date you attain that particular level within the Pack Rewards Program. Accounts will be considered active through qualifying activities made during each 6-month period. Qualifying activity includes but is not limited to product purchases, referrals, community engagement (e.g., “Product Reviews” and “Social Media Interaction”: YouTube, Instagram, TikTok, Facebook). Accounts that do not have qualifying activity during a 6-month period will be considered “inactive” and any accrued points and/or unused rewards in the account will expire. By way of example, if you signed up for the Program on March 1, 2023, and you made four $350 purchases – (one on April 1, 2023; one on May 1, 2023, one on June 1, 2023, and one on July 1, 2023) you would have earned 1400 points in purchases, plus an additional 100 points (punch-card perk for every 3 purchases) – this would equate to 1500 points and an upgrade to Silver; because you upgraded, your status level would not reset, and you reset the 6-month basis to start on July 1; from July 1, 2023 to December 31, 2023 you keep your points with qualifying activity during the 6 months.
To be eligible for participation in the Program, you must be a legal resident of the fifty (50) United States or District of Columbia and at least eighteen (18) years of age or older. We will not collect personally identifiable information from any person that is actually known to us to be a child under the age of thirteen (13). Persons under the age of eighteen (18) are not eligible for participation in the Program. Persons who are at least eighteen (18) years old but considered under the legal age of majority in their legal state of residence (collectively, "Minors") must obtain the consent of their parent or legal guardian prior to participation in the Program. The Program is available only to individuals for their personal use and is limited to one (1) account per individual. Employees of Nutrient Survival and its subsidiaries, affiliates and divisions are eligible to participate in the Program only for personal use. The Program is void where prohibited or restricted by law.
2. Program Enrollment
2.1. Eligible individuals may enroll in the Program by visiting NutrientSurvival.com or downloading the “Nutrient Survival” Mobile App from Google Play and iOS stores. To enroll on the Mobile app, simply search for Nutrient Survival to download and use. When you enroll online or on the Mobile app, you will receive a welcome email that will include instructions for completing your enrollment by creating an online Pack Rewards account. To enroll online, visit NutrientSurvival.com and follow the Program prompts to enroll by creating an online account. It is free to sign up for an account and to enroll in the basic Level One of the Program. There is no requirement to make any payment or purchase or to provide any credit card information to sign up for a Program account and to enroll in the Level One of the Pack Rewards Program.
2.2. To enroll in the Program, you may be required to provide any or all of the following: your first and last name, valid email address, birthday, telephone number and zip code. You are solely responsible for maintaining the accuracy of your account information and for keeping it up-to-date as may be required. You may update your personal information through your online account or by contacting customer service at (877) 633-6637 or email@example.com, five (5) days a week: Mon-Fri (excluding holidays), between the hours of 8:00 AM to 5:00 PM Pacific Standard Time.
2.3. Only one Program account may be associated with a single email address. In the event of a dispute over the ownership of a Program account membership, the Program member will be deemed to be the authorized account holder of the email address submitted at the time of Program enrollment. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Enrolling or attempting to enroll in the Program multiple times through the use of multiple email addresses is prohibited and any such action will be cause for termination of your participation in the Program.
2.4. If you purchased any item from December 1, 2022 or later, those purchase points have been included in your membership prior to initial sign up – these points will expire by June 30, 2023 if account remains inactive. This is a one-time feature. Inactivity with your Pack Rewards membership will not renew at current status.
2.5 Members of the former Nutrient Foods company have been automatically enrolled into Level Two – Silver status (or higher level, depending on spend and the sole discretion of the “Company” Nutrient Survival). Once you have automatically been enrolled into Level Two (the “Silver”) level and the date of your enrollment into Level Two of the Program will serve as the operative date of your “sign up” for the Program for purposes of your program status level on a rolling 6 consecutive month basis from the date of your sign up for or level up within the Program.
2.6 Enrollment and participation in the Program are voluntary, optional, and not required to complete any transaction or sale, including but not limited to, any credit or debit transaction.
3. Program Mechanics
3.1. The Program allows you to earn points towards making Level status and rewards/benefits associated with your Level based on participation in Program actions, such as but not limited to, creating your Pack Rewards account, downloading the free Nutrient Survival App, following us on Social Media, building a wish list, making a qualifying purchase, leaving a product review, and/or participating in limited time Pack Rewards promotions or events. Program actions may be subject to change at the sole discretion of the “Company,” and may be subject to limitations or restrictions. Some of the Program actions are detailed below. Once you earn a Level status, you will be notified of your advancement to a next Level once it becomes effective. You may be eligible for certain benefits and to redeem rewards available to members of that Level. Each Level offers different benefits and rewards (some of which are detailed below), which benefits and rewards are offered at the sole discretion of the “Company,” and may change from time to time with or without notice and may be offered on a limited basis. Visit our Shipping/Legal/Terms/Privacy page (https://nutrientsurvival.com/pages/legal-terms-privacy) to learn more about how to earn rewards and the benefits available to each Level.
3.2. Purchases made with through our Nutrient Survival App, and online at NutrientSurvival.com are eligible for earning points and associated rewards/benefits in the Program, excluding gift card purchases, shipping and handling charges and any other fees associated with your purchase (a "Qualifying Purchase"). For each Qualifying Purchase, you will earn 1 point for every $1.00 spent (rounded to the dollar). By way of example, if your total Qualifying Purchase comes to $25.00, you will earn 25 points; if your total Qualifying Purchase comes to $25.99, it will be rounded to $25.00 and you will earn 25 points.
3.2.1. Points cannot be earned from purchases anywhere other than the Nutrient Survival App, and online at NutrientSurvival.com. No other website, retailer, vendor, third party supplier, etc., is authorized to award “Pack Points” from the Nutrient Survival Loyalty and Rewards Program.
3.2.2. Points cannot be earned from past purchases made prior to the Program launch or prior to your enrollment in the Program (unless otherwise specified); Program rewards cannot be applied towards past purchases made prior to the Program launch or prior to your enrollment in the Program.
3.2.3. To earn Program points and any associated rewards/benefits for a Qualifying Purchase made online, you must be logged into your Pack Rewards account at the time of purchase. Points cannot be earned retroactively for online orders that have already been completed prior to logging into your Pack Rewards account; rewards/benefits cannot be earned or redeemed retroactively for online orders that have been completed prior to logging into your Pack Rewards account. Program points earned for online Qualifying Purchases will be pending until your order ships, upon which points will be issued to your Pack Rewards account. You can check for your available awards online at any time through your Pack Rewards account. Please allow approximately 14 days after a Qualifying Purchase for your Pack Rewards account to update to reflect your points earned.
3.3. If you return an item from a Qualifying Purchase for a refund to your original method of payment, the accumulated points in your Program account will be reduced in an amount equal to the points originally earned for that purchase. In the case of a multi-item purchase, which results in a partial return, the accumulated points in your Program account will be reduced in an amount equal to the points originally earned and attributable to the refunded items when first purchased. If the item is instead exchanged, the points earned will remain. Points credited to your account will be decreased or reversed, as applicable, if all or part of your Qualifying Purchase is canceled or if a credit refund is obtained through fraudulent or other activity that violates these Terms.
You hereby grant to “Us” and its subsidiaries, affiliates, agents, representatives, and designees the irrevocable, non-exclusive, non-transferable, royalty-free perpetual right and license to use and display your photo ("Photo") for any and all purposes, including marketing, promotion or advertising, in any and all media channels and social platforms (now known or hereafter existing), without compensation, payment or other consideration of any kind. Nutrient may use, display, edit, alter, reproduce, create derivative works from, publish or distribute the Photo for any lawful purpose in its sole discretion, with no obligation to me or right of inspection or approval. You further grant Nutrient the right to use your name, username, social media handle and/or likeness as depicted in the Photo (collectively, "Likeness") in connection with Nutrient's use of the Photo.
You represent that: (i) the Photo is original and that you own all rights, including copyright, in and to the Photo or that you have obtained the necessary permissions to grant the rights given herein; (ii) if anyone is depicted in the Photo other than me, you have obtained all necessary permissions and releases from such person(s) to grant the rights given to us herein and that any such person(s) is over the age of majority in his/her state of legal residence; and (iii) our use of the Photo and/or your Likeness as granted herein will not violate the rights of any third party or any law.
You represent that you are a resident of the United States and are at least 18 years of age or older. You hereby release, discharge and hold harmless and indemnify Nutrient, its officers, directors, employees, and contractors from any and all claims, demands or causes of action relating to, arising from or caused by the Photo, your Likeness and/or the rights granted herein and/or any claims, demands or causes of action which you, and your heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this Agreement.
3.5. Program members in Levels Two, Three, Four, and Five will receive one (1) annual Birthday Reward. Program members in Level One can receive one welcome level reward and will be eligible to receive the welcome reward to each higher level attained within a 6 month period. The Nutrient Survival Sweepstakes is subject to, and governed by, its Official Rules. For the Official Rules and complete details on the Sweepstakes, see included link (https://nutrientsurvival.com/pages/sweepstakes-rules).
3.6. Program rewards and benefits may include shipping upgrades, such as free shipping. Shipping benefits are subject to our Shipping Policy.
3.7. Program points, benefits and/or rewards have no cash value, cannot be sold and are non-transferable and you have no property rights in or to points, rewards or other Program benefits. Program accounts, rewards or benefits cannot be transferred to, shared or combined with any other person or Program member. Only the Program member may accumulate rewards and benefits and only the Program member may redeem rewards that have accumulated in that member's account. The sale, barter, transfer or assignment of any reward or benefit offered through the Program, other than by us, is expressly prohibited and will be cause for termination of your participation in the Program, and any rewards or benefits offered by us under the Program are subject to change at any time in our sole discretion, without prior notice.
3.8. Rewards available through the Program are for personal use only and may not be sold or resold. We reserve the right, without notice, to cancel or reduce the quantity of any reward available through the Program at any time, at our sole discretion. We also reserve the right, without notice, to change Program benefits and ways in which rewards may be earned or redeemed at any time, at our sole discretion. We reserve the right to place limitations on the number of Qualifying Purchases that are eligible for the Program and/or the number or types of rewards that you may receive or earn during any given period of time or for the duration of the Program and/or any combination thereof.
3.9. We are not responsible for points and/or level rewards that may be lost or redeemed as the result of any fraudulent activity.
3.10. We reserve the right to determine the points in any Pack Rewards member's account based upon our internal records related to such member's account. A member's rewards shall be deemed correct and accurate as reflected in our records and our good faith determination of the amount of points available to any member shall be final and binding.
If you have concerns regarding your Pack Rewards account activity, including, by way of example and not limitation, points earned for a Qualifying Purchase that have not been properly applied to your Pack Rewards account, please contact our customer service team by email at firstname.lastname@example.org or by telephone at (877) 633-6637, five (5) days a week, between the hours of 8:00 AM to 5:00 PM Pacific Standard Time.
4.1. By enrolling in the Program, you will be automatically subscribed to receive marketing emails from Nutrient Survival, including Program-related communications.
4.3. Promotional Text Message Consent: At your sign up for the Program, you consent to receive automated marketing by text message from Nutrient Survival or any of its vendors, including through the use of an automatic telephone dialing system, at the telephone number you provided. Consent is not a condition to purchase. Message and data rates may apply.
4.4. User Opt Out: Notwithstanding anything to the contrary herein, if you do not wish to receive additional text messages as set forth in Section 4.3, you agree to reply STOP or UNSUBSCRIBE to any mobile message from Nutrient Survival or sent on behalf of Nutrient Survival in order to opt out of the promotional text message program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are reasonable methods of opting out and are the exclusive means 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, sending an email, or verbally requesting one of our employees to remove you from our list, are not reasonable means of opting out.
4.5. Duty to Notify and Indemnify: You represent and warrant that you are the subscriber and/or the regular user of the telephone number that you provided to us. If at any time you intend to stop using the telephone number that you provided to us, including canceling your service plan or selling or transferring the telephone 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 telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your 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, or any party that assists in the delivery of the text messages, as a result of claims brought by any individual(s) later assigned that telephone number. This duty and agreement shall survive any cancellation or termination of these Terms and/or the Program.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD NUTRIENT SURVIVAL LLC HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED OR FROM YOUR PROVISION OF A TELEPHONE NUMBER FOR WHICH YOU ARE NEITHER THE SUBSCRIBER OR USER, 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 NUTRIENT SURVIVAL LLC ATTEMPTING TO CONTACT YOU AT THE TELEPHONE NUMBER YOU PROVIDED.
4.6. Prohibited Content: You acknowledge and agree to not send any prohibited content over the text message 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.
6. California Notice of Financial Incentive
6.1 California residents: Under California law, the Program may be considered a “financial incentive”.
7. Program Termination, Cancellation or Modification
7.1. The Program and its benefits are offered at Nutrient Survival's sole discretion. The Company may terminate, cancel, modify, or restrict these Terms and/or the Program or any aspect of it at any time, in our sole discretion and with or without prior notice to you, even if any such actions by us may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem earned rewards that had already accumulated.
7.2. If you decide that you no longer want to participate in the Program, whether as a member of the basic Level One (the "PACK FAMILY"), Level Two (the “SILVER”), Level Three (the “GOLD”), Level Four (the “PLATINUM”), or Level Five (the “ALPHA X”) as applicable, you may cancel your membership at any time by contacting our customer service team at (877) 633-6637 or at email@example.com, five (5) days a week, between the hours of 8:00 AM to 5:00 PM Pacific Standard Time. Any accrued points and/or unused rewards will be forfeited and expire immediately upon your membership cancellation.
7.4. If your membership in the Program is canceled by you or terminated by us, any accrued points, rewards Any accrued points and/or unused rewards will be forfeited and expire immediately upon your membership cancellation.
8. Disclaimer of Warranties; Limitation of Liability
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to participate in the Program. To the fullest extent permitted by applicable law, your participation in the Program, and our obligations and liabilities in respect thereto, is expressly limited as follows:
8.1. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOVER. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER NUTRIENT SURVIVAL NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8.2.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER NUTRIENT SURVIVAL NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY: (A) ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE CONTENT OF THESE TERMS, THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM; (B) PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM; (C) INTERRUPTION OF BUSINESS; (D) DELAYS OR INTERRUPTION IN ACCESS TO THE PROGRAM; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THIS SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (F) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE OR THIRD PARTY SITE(S), (G) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE NUTRIENT SURVIVAL SITE OR ANY THIRD PARTY SITE(S) ASSOCIATED WITH THE PROGRAM AND/OR ANY REWARDS OR BENEFITS ASSOCIATED THEREWITH; (H) DATA NON-DELIVERY, LOSS, THEFT, MISDIRECTION, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (I) EVENTS BEYOND OUR REASONABLE CONTROL.
8.3.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER NUTRIENT SURVIVAL NOR ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM AND/OR YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY PROGRAM REWARD OR BENEFIT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
8.4.YOU AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS, YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARD OR BENEFIT UNDER THE PROGRAM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. TO THE EXTENT PERMITTED BY LAW, IF YOU HAVE A DISPUTE WITH US REGARDING THE PROGRAM OR ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY SHALL BE TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM AND WE SHALL HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NUTRIENT SURVIVAL, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, VENDORS, MANUFACTURERS AND DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, DEMANDS, CHARGES, COMPLAINTS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES), ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR REDEMPTION OR USE OF ANY REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM AND/OR YOUR BREACH OF ANY OF THESE TERMS. WE RESERVE THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY CLAIM SUBJECT TO THIS INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH US IN ASSERTING ANY AND ALL AVAILABLE DEFENSES.
10. Governing Law, Arbitration, No Class Actions
10.1. GOVERNING LAW: The Program and these Terms shall be governed by and construed in accordance with the laws of the State of Nevada without giving effect to any conflict of law provisions.
10.2. ARBITRATION: YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND NUTRIENT SURVIVAL LLC., AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES, VENDORS, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE PROGRAM, NUTRIENT SURVIVAL LLC WEBSITES AND/OR APP (COLLECTIVELY, THE “WEBSITES”),THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITES CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE NEVADA STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN RENO, NEVADA, OR IN THE CITY NEAREST TO NUTRIENT SURVIVAL’S PRINCIPAL PLACE OF MANUFACTURING WHERE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.
10.3. NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE PROGRAM, TO NUTRIENT SURVIVAL WEBSITE, MOBILE APP, AND/OR OTHER PLATFORMS CONNECTED WITH NUTRIENT SURVIVAL LLC TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE WEBSITES, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, TO THE RECEIPT OF TEXT MESSAGES OR OTHER COMMUNICATIONS, AND/OR TO THESE TERMS.
10.4 NOTICE TO NEW JERSEY RESIDENTS. If you are a consumer residing in New Jersey, the following provisions of this Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section above, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind and the limitation of liability for lost profits, damage, loss or injury (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code or New Jersey Consumer Fraud Act); (b) in Section 8.3 above, application of the limitations of liability to the recovery of damages that arise under contract, tort or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (c) in Section 9 above, the requirement that you indemnify Nutrient Survival (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (d) in Section 10.1 above, the Nevada governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
11. Customer Service
For information about the Program or your membership, contact our customer service team via email at firstname.lastname@example.org or by telephone at 877-663-6637, five (5) days a week, between the hours of 8:00 AM through 5:00 PM Pacific Standard Time.