Terms & Conditions

Last Updated: March 11, 2021

This (“Site”) is the property of LV Health Shop, LLC (“Us” or “We” or “Our” or “Company”). Please read these terms and conditions (“Terms”) carefully before using this Site on any computer, mobile phone, tablet, console or other device (“Device”). By accessing and using this Site, you unconditionally agree to be bound by these Terms and all policies therein. If you do not agree to these Terms, do not access or use the Site. All users agree to be bound by any and all revisions and should periodically revisit this page to review the then current Terms. Individuals must be 18 years of age or older to use this Site and you warrant that you are 18 years of age or older.

Preferred Customer Information

By ordering as a Preferred Customer you are agreeing to a monthly auto-ship. Your first order will ship in 5-7 business days and, unless you cancel, you will automatically receive this same order every month on or around the same calendar date and for the same price which will be charged to the credit card you provide with your initial order. You can cancel or change your auto-ship at any time by contacting us at support@310blends.com or 1-800-996-0974. If you cancel before your second shipment, there will be a price adjustment to the one-time purchase price. You can cancel any time after your second order and keep the preferred customer pricing for the first two orders. To customize or cancel this program, or future shipments and charges, simply call us at 1-800-996-0974 or email customer service at support@310blends.com.  If you email support, please make sure you allow us enough time to verify your account and be courteous of our business hours. 

Copyright and License

The content within this Site, including, without limitation, the design, text, graphics, images, photographs, video and audio files, other files, and data (collectively, the “Content”), and the selection, arrangement, structure, coordination, and “look and feel” thereof, are the property of LV Health Shop, LLC, ALL RIGHTS RESERVED Copyright © 2014 LV Health Shop, LLC.

You are granted a limited, non-sublicensable right to access this Site, and print the Content information published on this Site for your personal, non-commercial, and informational use in accordance with the Terms herein, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. The foregoing license grant does NOT include the right for you to:

• publicly perform, display, or publish any Content on broadcast, digital media, or commercial print publications media, or make other derivative uses of the Site or the Content;

• sell, market, distribute, or make commercial use of the Site or any Content;

• use frame or framing techniques to enclose any portion of this Site (including the images, graphics, or video found at this Site, any text, or the layout/design of any page or form contained on a page); or

• collect and/or use any Content including the use of any robots, data spiders, or similar data gathering, mining or extraction methods.

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.

Trademarks and Service Marks

All Company product names, slogans, and logos on this Site are either trademarks, service marks, or registered trademarks of Company or its suppliers and licensors and are the property of Company. Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. You may not use any meta tags or any other “hidden text” utilizing Company or any other name, trademark, or product name of Company without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Company’s names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Privacy

Registration, membership, purchases, and certain other information about you is subject to our Privacy Policy.

Use of Material Submitted to Company (User Generated Content, “UGC”)

You will retain your ownership interest in all communications or files provided by you to Company, or this Site, via social media, message boards, forums, uploads, postings, and/or by electronic mail, telephone, text messaging, mail, or otherwise, including any text, pictures, videos, audio clips, comments, questions, suggestions, thoughts, or the like (collectively, the “Material”), and in any ideas, concepts, knowledge, or techniques (“Information”) contained in the Material. You hereby grant Company and its agents, affiliates, successors and assigns, a universal, non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable and transferable license in perpetuity to use and/or edit all submitted Material in any manner and for any purposes on the Site. All such Material and Information is, and will be treated as, non-confidential and non-proprietary. Company retains the right to edit all submitted Material in any manner and for any purpose, but is under no obligation to do so. Company may not be able to review all Material submitted and nothing herein requires Company to use, review or distribute Material provided by a user. You represent and warrant that prior to submission, you own the Material and Information submitted by you, or that you otherwise have the right to grant use thereof as set forth in this section, and that the posting of said Material and/or Information on the Site does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity. Company reserves the right to use the Material and Information for any purpose, including, but not limited to, posting, reproduction, disclosure, distribution, transmission, publication, and broadcast. Nothing herein requires Company to use, review or distribute the aforementioned Material and Information provided by a user. Company reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Material or Information that users provide, for any purpose, including, but not limited to, developing, manufacturing and marketing products or services using such information, and the user understands there shall be no consideration, royalties or other compensation from Company, its agents, affiliates or assigns for use of said Material or Information. Further, by providing Material and/or Information to the Site, each user and his/her respective heirs, hereby indemnify, discharge, release, and hold Company, together with its parents, agents, affiliates, successors, assigns, licensors, licensees, and their respective directors, members, shareholders, officers, employees, agents and representatives (collectively, the “Released Parties”), harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the Material and/or Information. The user will not post commercial advertisements, “spam,” or other solicitations in any manner relating to other websites, products, or services.

For embedded or other material hosted on a third party server (e.g., a YouTube® video), said content shall be in compliance with the external site’s terms and conditions.

Company reserves the right to remove any Material or Information it deems to be offensive, defamatory, indecent, disparaging, obscene, pornographic, abusive, harassing, illegal, or an invasion of privacy, or which in any manner violates these Terms and Conditions.

Unauthorized Use Prohibited

The user will not post Material or Information resulting from unauthorized use, or impersonation, of another registered user’s identity, name, screen-name, or persona; however, Company is not responsible for screening for any such conduct. Company is not liable for any losses of any kind, including without limitation, consequential or special damages, caused by any unauthorized use of a user’s identity, name, screen-name, persona, or account, and you may be liable for the losses of Company or others due to such unauthorized use.

Third Party Links

Company may provide links to websites and other content of third parties as a service to those interested in this information. However, we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site. The linked websites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience to you, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.

THIS IS A BINDING LEGAL DOCUMENT; PLEASE READ THIS CAREFULLY!

No Warranties

THIS SITE, AND THE CONTENT, MATERIAL, AND INFORMATION CONTAINED AND/OR ADVERTISED THEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT ON OR GOODS PURCHASED THROUGH THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.

Limitation of Liability

IN NO EVENT SHALL COMPANY, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, LICENSORS, AND/OR ASSIGNS (COLLECTIVELY THE “COMPANY PARTIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF THE COMPANY PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, THE COMPANY PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ITS PRODUCTS.

Lost Package Policy

If your package shows that its been delivered at usps.com, dhl.comups.com, or fedex.com and you still haven’t received it, no problem! Just file a claim with the appropriate carrier and provide us with the claim number via email, chat or phone call.

Damaged Package Policy

If you receive a shipment damaged in transit, please email customer support with a photo of the shipment and products showing damage in order to determine appropriate next steps.

Indemnification

In using this Site and/or purchasing Company’s Products, users expressly waive any and all claims that they may have against Company. You agree to indemnify, defend, and hold harmless Company and its affiliates, successors, assigns, licensors and licensees, together with all of their officers, directors, shareholders, members, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exposition of the Materials and Information on the Site.

Termination

Company may terminate these Terms at any time without notice, or suspend or terminate your access and use of the Site and/or Products at any time, with or without cause, in Company’s sole discretion. In the event of termination, the intellectual property, disclaimers, and limitations of liability provisions set forth in these Terms will survive.

ARBITRATION CLAUSE

YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND COMPANY, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN THE STATE OF CALIFORNIA. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). THE ARBITRATOR SHALL BE BOUND TO APPLY AND ENFORCE THE TERMS OF THIS AGREEMENT AND THE ARBITRATOR’S DECISION WILL BE FINAL, BINDING, AND ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION. NEITHER YOU NOR COMPANY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS.

Digital Millennium Copyright Act

Company provides the Site as an interactive service provider and is not liable for any and all claims resulting from the use of Material or Information. Pursuant to the Digital Millennium Copyright Act, if a user feels unauthorized Material or Information has been posted on this Site, please notify us by mail at 2235 E. Flamingo Rd. Las Vegas, NV 89119 attention Support, or by email at support@310blends.com with the subject line stating “Copyright.” The DMCA notice MUST include the following: (i) describe the alleged infringement in detail; (ii) the copyright owner or who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted. In addition, any DMCA notice must also contain the following statement:

“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”

Miscellaneous

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.

Payment

Your payment details will be securely transmitted to the Bank and Payment Companies for transaction authorization using up to 256-bit SSL encryption.

Ordering Limits

There is a maximum of 3 orders per household per day allowed and a maximum of $500 per order allowed. 

Cancellations & Modifications

It’s a top priority for us to process and ship your orders as quickly as possible, so that you get them in the shortest amount of time. Therefore, as soon as your order is placed, we can not process any cancellations. Your order is sent directly to our in-house fulfillment center where processing starts immediately.

Due to this, we are unfortunately unable to process any cancellations or modifications at this time. We urge you to please review your orders for accuracy thoroughly before completing them, including your “ship to” address.

We apologize greatly for any inconvenience that this may cause you at this time.

Since we are currently unable to process cancellations or changes to your order after your purchase, we will not be able to fix any mistakes at this time and your order will be shipped exactly as you placed it. However, you can return or exchange your order once you receive it by contacting our Customer Service team at 1-800-996-0974, or by chatting with us live on 310Nutrition.com by using the live chat feature in the lower right-hand corner.

Although we don’t know exactly how long we won’t be able to accept cancellations or modifications to your purchases, the entire 310 team is working tirelessly to put additional resources in place which will alleviate this issue.

Thank you for your patience as we continue to grow and expand as a company. We look forward to continuing to serve you and provide you with the absolute highest standard of care as we bring you top-of-the-line products. 

Exchanges

If you would like to exchange your unused product for a different variation, please contact customer service for exchange instructions. Exchanges will only be honored if the product being exchanged is unused sealed and in its original packaging. Please note, the product must be back to us within 30 days of the purchase date. Shipping costs associate with an exchange are nonrefundable.

Promotional Offers and Promo Codes

Promo codes cannot be applied to previously placed orders unless within the same day of purchase. Promotions will not be honored if the promotion is invalid or without proof of promotion. Promo codes are not transferable or redeemable for cash or credit. Only one (1) promo code may be redeemed per customer/per household/ per promotion.

Promo codes and promotions may require a minimum dollar value per purchase and may only apply to certain products directly on our site. Promo codes cannot be used in combination with other discounts, coupons, promotions, shipping specials or other promo codes or gift cards. If a code or promotional item is accepted at checkout, all orders are reviewed by 310 Blends Customer Support team prior to fulfillment. If orders are deemed in violation of any of these Terms and Conditions, they will be adjusted accordingly. Promo codes are not replaceable if lost, stolen or damaged. Promotional items and Promo codes only apply to the product price and do not apply to shipping, sales/taxes or fees.

310 Blends reserves the right, without further notice to the holders of the promo codes, to modify the terms and conditions for our promotions and use of the promo codes, or to suspend or cancel the promo code in whole or in part.

If a free gift promotion is available, the customer must spend the designated dollar amount before shipping, and after additional discount codes, if applicable. The system will automatically add the free gift at checkout. Additional exclusions may apply.

Free Shipping Discounts

Free shipping discount codes only eligible on orders of $50 or more.

Order Placement and Acceptance.

If you order a product from the Website, payment must be received by 310 Blends prior to 310 Blends’s acceptance of the order. If you have not provided all of the information required for us to accept your order, we may request additional information from you regarding your order and/or we may cancel or limit the order.

Your order is expressly conditioned on acceptance of these Terms. Once we have received a completed order, your authorization to proceed with the order, and the required payment, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may elect to offer you alternative product(s) of equal quality and value for your consideration.

310 Blends does not knowingly accept orders from any individual or company that purchases goods with the intention of reselling them rather than using them. If 310 Blends discovers that you are placing orders with the intent to resell items offered on the Website, it will immediately cancel your order, suspend or terminate your account, and pursue all available legal remedies under applicable law. 310 Blends also reserves the right to report the use of any fake or stolen cards to federal, state and/or local enforcement authorities.

310 Rewards Program

By enrolling in this program, you agree to the following terms and conditions that govern the 310 Rewards Program.

310 Rewards ("Rewards") is a loyalty program sponsored by LV Health Shop, LLC (“Sponsor”) through which individuals (“Participant(s)”) who have a valid 310 Account, a valid email address, and have enrolled in the 310 Rewards Program, may earn points (“Points”) that will be credited to the Participant's 310 Rewards Account (“Rewards Account") by making qualified purchases directly from the 310nutrition.com website and by completing specific actions as indicated on https://310nutrition.com/pages/join-or-login-to-310-rewards. Participants may redeem their Points during the checkout process.

310 Rewards is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or older. All aspects of 310 Rewards may not be available to Participants outside the U.S. and is void where prohibited by law. Participants must have a valid 310 Account, a valid email address, and enroll in the 310 Rewards Program. Accounts are free, but subject to Terms and Conditions. If you do not have a 310 Account, visit www.310Nutrition.com/account/register and follow the instructions to create an account.

To enroll in 310 Rewards and thereby create a 310 Rewards Account, the Participant is required to create a 310 Account and register online (https://310nutrition.com/pages/my-rewards) with the email address associated with the participants 310 Account and agree to these Terms and Conditions. Continued participation in 310 Rewards constitutes each Participant's continued full and unconditional agreement to these Rewards Terms and Conditions, as they may be updated from time to time without notice (“Rules”) and representation that Participant meets the eligibility requirements set out in these Rules. Those who do not comply with these Rules may be prohibited from participating in 310 Rewards as determined by 310 Blends in its sole discretion. There is a limit of one (1) Rewards Account per person/email address, regardless of whether more than one person uses the same email address. The person who is the authorized e-mail account holder of the e-mail address indicated when registering (and who otherwise meets the eligibility criteria) will be deemed the Participant. In the event of fraud, abuse of privileges or actions in violation of these Terms & Conditions we reserve the right to cancel your account. Points cannot be applied to account for prior purchases

By accepting these Rules and signing up for Rewards, Participants hereby agree to receive email messaging to the email address associated with Account.

310 Rewards will continue until Sponsor announces its termination, which it may do at any time, with or without notice to Participants. Sponsor also reserves the right to suspend or modify the Rewards, at its discretion, at any time with or without notice. Termination, modification or suspension may affect a Participant's ability to redeem accumulated Points. When earned, rewards and balance will be identified on your 310 Rewards Account page. Points will be awarded towards the order subtotal after any discounts, gift cards and coupons, and before sales tax and shipping charges. International customers are not eligible for any free shipping offers available through 310 Rewards.

By joining 310 Rewards, you represent that you have read and agree to all the rules of this program. You specifically agree to provide and maintain a valid email address and to keep 310 Blends informed of any changes to your email address. Your membership is non transferable and is subject to present and future Rewards rules. By participating in the 310 Rewards Program, you agree to receive advertising, marketing materials and other communications from 310 Blends.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

LV Health Shop LLC. (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.

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, 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 HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, 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 that opt into the Program can expect to receive messages concerning the marketing and sale of products & services from the Company & its partners. 

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 Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@310blends.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 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.

Deliverability: Carriers are not liable for delayed or undelivered messages

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 Las Vegas, Nevada 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 LV Health Shop LLC’s 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.