terms & conditions

i won nutrition, co. terms of use / website use policy

welcome! in order to keep this and all websites (individually referred to herein as the "site" and collectively as the "sites") operated by i won nutrition, co. ("i won!") a vibrant site for discussion, sharing, and, yes, a little commerce, i won! has adopted the following terms of use, which are applicable to everyone using or accessing this Site, submitting or posting information through this Site, or purchasing items offered for sale on the site. as such, this is a legally binding agreement between you and i won!.

introduction

this site is designed to allow users to (1) browse and purchase i won! merchandise, (2) share fitness ideas and inspiration, and (3) otherwise access information available on or through the site.

by using the site, you signify that you have read, understand and agree to be bound by these terms of use (this "agreement").

i won! reserves the right, at its sole discretion, to change, modify, and or delete portions of this terms of use agreement at any time without further notice. a current version of these terms of use will always be available via the site's homepage. your continued use of the site after any such changes constitutes your acceptance of the new terms of use (or addedums related thereto). if you do not agree to abide by these or any future terms of use, please do not use or access the site. it is your responsibility to regularly review these terms of use. should you have any questions regarding the specific terms of this agreement, please direct them to info@iwonorganics.com i won! shall take reasonable efforts to provide registered members notice (via e-mail or other automated format) of any material and substantial changes to this agreement.

general member and visitor conduct and general acknowledgements

you understand that the site is available for your personal, non-commercial use only. you agree that you will not submit materials of any kind that violate or infringe upon the rights of any third party, including copyright, trademark, publicity, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material and you (and not iwon) shall be solely responsible for all materials submitted to the site.

with respect to information that you may elect to submit though the site, you agree to provide any additional information requested by i won! to confirm you are complying with these terms of use, and that all information submitted by you to the Site was obtained by you through legal and ethical means.

if the site allows now or in the future the ability for users to register as members or customers and you elect to register as a member or customer of the site for any purpose, you agree that all information provided or submitted by you related to your site account shall be true, accurate, correct, and complete for all purposes and you will maintain and promptly update your information from time to time to ensure the continual accuracy of your information. you further agree that you will not register more than once (e.g., one account per person).

if i won! has reasonable grounds to suspect that any information submitted by you is untrue, inaccurate, not current or incomplete, i won! shall have the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof).

you further agree not to harvest or collect e-mail addresses or other contact information of members from the site by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications. additionally, you agree not to use automated scripts to collect information from the site or for any other purpose. you further agree that you may not use site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site. in addition, you agree not to act like a jerk on the site including agreeing not to use the site to:

• harass or advocate harassment of any person;
• exploit or attempt to exploit people in any sexual, violent or otherwise inappropriate manner;
• solicit personal information from anyone under 18;
• promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous or otherwise objectionable;
• upload, post, e-mail, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, pornographic, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
• transmit "junk mail," "chain letters," or unsolicited instant messaging, or "spamming" in any fashion; solicit passwords or personal identifying information for commercial or unlawful purposes from users of the site;
• promote contests or sweepstakes that is not in conformity with all applicable laws;
• promote pyramid or ponzi schemes.
• upload, post, e-mail, transmit or otherwise make available any material that contains software viruses, trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• use or attempt to use another's account, service or system without authorization from Site, or create a false identity on the site; or
• commit or cause the commitment of any "click-fraud" or other act, such as using spiders, robots, web scrapers, screen scrapers, internet macros or other automated software programs, that intentionally misrepresents advertising or voting metrics on the site.

you understand that by using the site, you may be exposed to content that you find to be offensive, indecent or objectionable. under no circumstances will i won! be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded, posted, e-mailed, transmitted or otherwise made available via the site. you agree and acknowledge that the information, ideas and opinions appearing on the site do not necessarily reflect the views of i won!.

merchandise purchases

if you buy a product (or place an order for a product) on this site, all transactions shall be governed by our terms of sale policy, which terms are incorporated herein for all purposes.

member content posted on the site

you are solely responsible for any content, information, data, photos or profiles that you publish or display (hereinafter, "post") on the site, transmit to other members, or store via the site in any manner (collectively the "member content"). you understand and agree that i won!, in its sole discretion, may review and delete or remove any member content that in the sole judgment of i won! violate this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other members or any other third parties.

by posting member content to any part of the site, you automatically grant, and you represent and warrant that you have the right to grant, to i won! an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content in whole and in part, in any and all media now known or hereafter devised, and to prepare, distribute, use, copy, perform, display, reformat, and/or translate derivative works thereof, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

in the forums, communities, chat areas, news groups, and/or other message or communication facilities (collectively "online forums") of this site, you agree to use the online forums only to send and receive messages and material that are proper and related to the particular online forum. i won! reserves the right to terminate your access to any or all of the online forums at any time without notice for any reason whatsoever. i won! has no obligation to monitor the online forums. however, i won! reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in i won! sole discretion. you acknowledge that all online forums or other areas of the site where you agree to publish materials viewable by others are public and not private communications, and therefore that your communications may be read by others without your knowledge. i won! does not control or endorse the content, messages or information found in any online forum and, therefore, i won! specifically disclaims any liability with regard to the online forums and any actions resulting from the user's participation in any online forum. online forum administrators, if any, are not authorized i won! spokespersons, and their views do not necessarily reflect those of i won!.

proprietary rights in content on IWON

all content on the site, including but not limited to design, text, graphics, user functionality, questions, polls, reviews, results, other files, and their selection and arrangement (the "content"), are the proprietary property of i won!, or its advertisers, partners or licensors, or registered members. all rights reserved.

except as expressly provided herein, the content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, scraped, transmitted, or sold in any form or by any means, in whole or in part, without i won! prior written permission.

you may download or print a copy of any portion of the content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. notwithstanding the foregoing, in all cases, (except for member content owned by you) you may not republish or use content on any internet, intranet or extranet site, or on any other tangible or intangible media or incorporate the information in any other database or compilation without first obtaining i won!'s prior written consent. any other use of the content is strictly prohibited.

all trademarks, logos, trade dress and service marks on the site are either trademarks of i won! or its advertisers, partners or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of IWON.

you agree not to reverse engineer, decompile, disassemble or otherwise reduce any software or associated code available on or through the site(s) or available through any service(s) offered on or through the sites to any human perceivable form or to any form whatsoever. you may not modify, adapt, translate, rent, lease, loan or create derivative works based upon any such software, or any part thereof.

copyright and intellectual property policy

1. IWON respects the intellectual property rights of others. if you believe your work has been copied or used in a way that constitutes copyright infringement, are aware of any infringing material on the site, or believe any material on the site infringes any other intellectual property right (including, without limitation, trademark rights and rights to publicity and privacy), please contact i won!'s designated copyright agent at the address listed below and provide the following information in the form of a written notification (pursuant to 17 u.s.c. § 512(c)) (a "dmca notice"):

   1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
   2. identification of the copyrighted work(s) that you claim to have been infringed;
   3. a description of where the material that you claim is infringing is located on the Site;
   4. your address, telephone number, and email address;
   5. 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;
   6. 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.

   the designated copyright agent for i won! is:

   i won nutrition, co.
   attn: dmca compliance officer
   100 tamal plaza, suite 100
   corte madera, ca 94925

   telephone: 800-496-6154
   fax: 415-871-2251
   e-mail: info@iwonorganics.com

   if you submit a dmca notice hereunder, you shall be deemed a "complaining party" for purposes of this agreement. please note that, due to security concerns, attachments cannot be accepted. accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. moreover, this procedure is exclusively for notifying i won! that your intellectual property rights have been infringed.

2. upon receipt of a written dmca notice containing the information as outlined above, i won! shall:
   1. remove or disable access to the material that is alleged to be infringing;
   2. forward the written dmca notice to such alleged infringer ("alleged infringer");
   3. take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
3. pursuant to 17 u.s.c. § 512 et. al, an alleged infringer may provide i won!'s designated copyright agent with a counter notice objecting to the complaining party's allegations and i won!'s removal of the alleged infringing material (a "counter dmca notice"). to be effective, a counter dmca notice must be a written communication provided to i won!'s designated copyright agent that includes substantially the following:
   1. a physical or electronic signature of the alleged infringer;
   2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
   3. a statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
   4. the alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the alleged infringer's address is outside of the united states, for any judicial district in which i won! may be found, and that the alleged infringer will accept service of process from the person who provided the dmca notice or an agent of such person.
4. upon receipt of a counter dmca notice containing the information as outlined in 1 through 4 above, i won! shall:
   1. promptly provide the complaining party with a copy of the counter dmca notice;
   2. inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;
   3. replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter dmca notice, provided i won!'s designated agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on i won!'s network or system.

links to other websites and this site

the site may contain links to other site through its postings and the postings of other users (the "external sources"). i won! is not responsible for the content, accuracy or opinions expressed in any external source, and such external sources are not investigated, monitored or checked for accuracy or completeness by us. inclusion of any linked site (to external sources or otherwise) on the Site does not imply approval or endorsement of the linked site by i won!. if you decide to leave the site and access these third-party sites, you do so at your own risk. moreover, your use of each external source is subject to the terms of use, if any, set forth by each of the external sources. if there is any conflict between the terms set forth in this agreement and any of the terms or notices set forth on any other external source, then the terms of that external source will control your use of that external source. please review the terms of use for each external source so that you understand all of the terms that will apply.

you may link to our site solely for noncommercial purposes. any other link to our site is expressly prohibited unless you receive i won!'s prior written permission.

visitor/member/advertiser disputes

you are solely responsible for your interactions with other i won! members and advertisers that may advertise or post content on the site. i won! reserves the right, but has no obligation, to monitor disputes between you and other members and advertisers. therefore, you will not hold i won! responsible for advertisers, other members or other users' actions or inactions, including the content of what site members and/or advertisers post or offer. we have no control over and do not guarantee (a) the truth or accuracy of any advertisements, member content, or other content posted on the site or (b) any advertiser will actually complete a transaction with you at all or to your satisfaction. if you have a dispute with one or more users of the site or any site advertiser, you release i won! (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. if you are a california resident, you waive california civil code §1542, which says:

a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

privacy

i won! cares about the privacy of its members. please review the site's privacy policy incorporated herein for all purposes.

disclaimers

the site may be temporarily unavailable from time to time for maintenance or other reasons. i won! assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. i won! is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to users and/or site advertisers or to any other person's computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the site.

to the furthest extent allowed by law, under no circumstances will i won! be responsible for any loss or physical damage, including personal injury or death, resulting from anyone's use of the Site, any content posted on the site or transmitted to members of the site, or any interactions between users of the site, whether online or offline. the site and the content are provided "as-is" and i won! disclaims any and all warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. i won! cannot guarantee and does not promise any specific results from use of the site.

limitation on liability

except in jurisdictions where such provisions are restricted, in no event will i won! be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site, even if i won! has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein and to the furthest extent permitted by applicable law, i won!'s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of $100.00 or the amounts paid by you to iwon for your membership or for services provided to you via the site.

governing law and venue

this agreement and performance under this agreement shall be governed by the laws of the state of california and the validity, interpretation and effect shall be governed by the laws of california applicable to contracts executed and performed wholly therein. the federal and state courts within the county of san francisco in the state of california shall have exclusive jurisdiction to adjudicate any dispute arising out of this agreement. each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts.

indemnity

you agree to indemnify and hold i won!, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site in violation of this Agreement or your violation of any law or the rights of a third party.

age requirements; parental notification and responsibility

if you wish to submit content to the sites, you represent that you are at least 18 years of age; provided that if you are under the age of eighteen (18) (a) your parent and/or guardian consents to the terms of this Agreement and (b) any registration and membership application by you submitted to the Site shall only be processed upon confirmation of consent and authorization of your parent(s) and/or legal guardian(s) or by demonstration that you have been deemed an "emancipated minor" by a court of competent jurisdiction. notwithstanding the foregoing, you must be fourteen (14) years of age or older to access any portion of the site and if you are under fourteen (14) years of age you are strictly prohibited from providing i won! any personally identifiable information. you acknowledge if you provide iwon any personally identifiable information and are under the age of fourteen (14), i won! will make every effort to destroy/delete that information.

if you are a parent of a minor that has accessed this site in violation of the terms of this agreement, please contact us immediately at info@iwonorganics.com in order to allow us to terminate your child's membership and remove all information provided by your child to the site. please be aware that while i won! attempts to ensure inappropriate web sites are not included among its linked sites, parents and guardians are ultimately responsible for monitoring their child's use of the site.

i won!'s right to terminate and other membership restrictions

site membership is void outside the united states of america or where otherwise prohibited. by using the site, you represent and warrant that you agree to abide by all of the terms and conditions of this agreement. i won! may terminate your membership or your access to all or portions of the site for any reason or no reason at any time, in i won!'s sole discretion. moreover, i won! may restrict the per-user amount of bandwidth (upload) availability as it sees fit.

miscellaneous

recognizing the global nature of the internet, you agree to comply with all local rules regarding your use of the site, and with respect to online conduct and acceptable member content. you assume full responsibility for compliance with all local, state and national laws and agree to indemnify and hold i won! harmless for any violation of any such law arising out of or related to your use of the site.

these terms of use constitute the entire agreement between you and i won! regarding the use of the site, superseding any prior agreements between you and i won! relating to your use of the site. the failure of i won! to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. if any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect.

SUBSCRIPTION TERMS & CONDITIONS

Last Updated: November 12, 2020
IWON Organics (“IWON Organics” “we,” “our,” or “us”) is pleased to offer a Subscription Program for its Products.

When you choose to enroll in a Subscription Program for any IWON Product, the following Terms and Conditions apply:

SUBSCRIPTION ACCOUNT
You must have an account, a valid email address, and a credit card and/or debit card to participate in the Subscription Program.

SUBSCRIPTION ORDER PLACEMENT
When you place a Subscription Program order, IWON will automatically place and ship that same order in the frequency you have adjusted in your initial Subscription Program order (usually 15, 30 or 45 days).

SUBSCRIPTION ORDER AMOUNT
Your Subscription Program’s order’s final total may vary due to changes in price, tax rates, Customs, duties fees, and/or shipping costs. Your order total will include:

Sales tax, if applicable
Customs fees, if applicable
Shipping and handling costs

SUBSCRIPTION ORDER PAYMENT
The credit card you used to place your initial Subscription Program order will be charged until you cancel your Subscription Program order or modify your credit card information. Subsequent orders will be charged the day the order is placed and forwarded to the warehouse for processing.

If your credit card is declined at the time of a Subscription Program order placement, your order will not be placed; you will be notified that your Subscription Program payment has failed and you will need to update your credit card information. Once your payment information is corrected, your Subscription Program order will be processed. To update your credit card information, you can go to your "My Account" section and click "Manage Subscription”

Credit Card and Debit Card payment will be the only valid payment types accepted for Subscription Program order payment. Store Credit, Gift Certificates, Checks, PayPal, and Bill Me Later will not be accepted.

The Products available for the Subscription Program are based on a current price. This means that item prices are not locked in and are subject to change.

SUBSCRIPTION ORDER NOTIFICATIONS
A Subscription Program confirmation email will be sent after each Subscription Program order is processed and shipped. Once a Subscription Program order is scheduled, no emails will be sent before subsequent Subscription Program order shipments are processed.

FREQUENCY OF SUBSCRIPTION ORDERS
The initial Subscription Program period is 15, 30 or 45 days. If this date of your shipment falls on a Saturday, Sunday or Holiday, it will be processed on the next business day. If your order falls on a date that the following month does not have (example: 31st), your order will be processed on the next business day.

Subscription services are also available for less than and more than a 30 day cycle. You may change the frequency of your order at any time by logging into your account, going to your "My Account" section, and clicking "Manage Subscription.”

CHANGING SUBSCRIPTION PROGRAM ORDERS
Subscription Program shipments will be of the same Product or Products ordered during the initial Subscription Program shipment. You may change the Product or Products received as part of your Subscription Program at any time by logging into your account, going to your "My Account" section, and clicking "Manage Subscription” You may also email us at info@iwonorganics.com with your name, email address associated with your subscription, and the desired Product or Products change. Pricing may change depending on the changes to the Subscription Program order Product or Products. Your Product changes will be reflected in your next scheduled shipment.

PAUSING SUBSCRIPTION PROGRAM ORDERS
If you find you have a surplus of your Product(s) you can postpone your subscription anywhere from 1 to 8 weeks by logging into your account, going to your "My Account" section, and clicking "Manage Subscription.” You can also email us at infor@iwonorganics.com with your name, email address associated with your subscription, and a description of which Product or Products you’d like to pause and for how long.

Once the designated time has passed, your subscription will work like before.

Postponing your next shipment will affect how you are billed. Once you reach your selected postponement end date, your subscription will renew and bill on a monthly basis starting on that date, unless further changes are made.

CANCELLATION OF SUBSCRIPTION PROGRAM
You may cancel your subscription to Products offered through the Subscription Program at any time. Please submit cancellation requests at least 72 hours before the subscription is scheduled to re-bill. If there is an outstanding order associated with your subscription, the cancellation will go into effect once that order is processed by IWON.

To cancel your subscription, you may do so by:

1. Through your online account by logging your account, going to your "My Account" section, and clicking "Manage Subscription.”

2. Emailing us at info@iwonorganics.com. In your email you must include your name, email address associated with your subscription, and what Product or Products you would like to cancel. Please note that response times may exceed 48 hours.

3. Calling us at 800-496-6154 Monday-Friday between 9am-5pm PST.

FORMULA CHANGES ON SUBSCRIPTION PROGRAM ORDERS
IWON is committed to constantly innovating its Products and from time to time will update a Product’s or Products’ formula. In the event of such an update, your Subscription Program order will continue as before except that the Product or Products will be replaced with the new formula Product or Products. You will not be notified separately of this change before a subsequent Subscription Program order is processed and shipped. The new formula Product or Products will continue on subsequent Subscription Program orders unless you choose to remove this item from your Subscription Program order.

CONTACT
Please contact us at info@iwonorganics.com with any questions regarding these Terms and Conditions.

CHANGES TO OUR SUBSCRIPTION PROGRAM
IWON may modify or update the Subscription Program from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will let you know and update the ‘last updated’ date at the top of this page.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

IWON NUTRITION CO., (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 {Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA}. 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 info@iwonorganics.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. 

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 Corte Madera, 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 IWON NUTRITION CO.’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.

By either (a) agreeing to our Terms of Service and Privacy Policy or (b) entering your phone number to opt-in to replenishment reminder messages and clicking “Submit”, you agree that we or our providers may send you text notifications and text marketing offers. While variable based on your purchase behavior, marketing-based text messages will not exceed 5 per month. You understand that consent is not a condition of purchase. You can unsubscribe from further text messages by replying STOP. Message and data rates may apply.

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