Terms of service

Last Updated: November 21, 2024

Please read this agreement carefully to ensure you understand each provision.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

The Site

Welcome to Orgain LLC's (“Orgain”) website.

By using our website(s), mobile application(s), or any service or program where these Terms and Conditions ("Terms") are posted, linked or incorporated by reference (collectively, the “Site”) or placing an order through the Site, you accept and agree to be bound by these Terms and Conditions (“Terms”) and our Privacy Policy. Use of the Site is only available to users who are 18 years of age or older and reside in the United States or its possessions AND territories. Orgain makes NO claims that the Site OR ANY of its content is accessible from outside the United States. Should you access or use our Site outside of the United States, you do so on your own initiative and are responsible for compliance with all local laws.

The terms “we,” “us” and “our” refer to Orgain and any of its affiliated companies as appropriate to the context. “You” refers to any person accessing and/or using the Site.

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CONSTITUTE A LEGALLY BINDING CONTRACT WHICH GOVERN YOUR USE OF THIS SITE. BY ACCESSING, VIEWING, BROWSING, VISITING OR USING THIS SITE YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. ORGAIN RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY OR REVISE THESE TERMS AT ANY TIME BY POSTING UPDATES TO THIS PAGE. YOU WILL BE DEEMED TO HAVE ACCEPTED ANY SUCH MODIFICATION OR REVISION BY CONTINUING TO USE THE SITE AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS. ALL MODIFIED OR REVISED TERMS SHALL AUTOMATICALLY BE EFFECTIVE THIRTY (30) DAYS AFTER THEY ARE INITIALLY POSTED. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THIS SITE.

You understand that the Site undergoes frequent changes. Orgain may require that you accept or use updates to the Site in order to continue using the Site. You acknowledge and agree that Orgain may update the Site without notifying you.

Authorized Use

Subject to these Terms, we authorize you to view and download the information and other materials at or through this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials you make. You may not, without the prior written permission of Orgain, “mirror” any material contained on this Site on any other server. Additional terms and conditions may apply to your use of any products and services offered through this Site. Please review all such terms and conditions before you use any of our products and services.

Ownership

You acknowledge and agree that this Site uses and contains proprietary and confidential technology and information owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties. The content displayed on or through this Site, including without limitation all information, data, text, software, photographs, graphics, video, or other materials (the “Content”) is copyrighted by us or our licensors under United States and international copyright laws. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

“Orgain,” the “Orgain logo” and certain other words and logos displayed on this Site and which may or may not be designated on this Site by a “™” “®” “SM” or other similar designation, constitute trademarks, trade names, or service marks (collectively, “Marks”) of Orgain or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or our respective licensors.

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with prior written permission from us or the third-party that may own the trademark or copyright of information displayed on this Site.

Disclaimers

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, THE CONTENT AND ANY SERVICES OFFERED THROUGH THIS SITE SHALL BE AT YOUR SOLE DISCRETION AND RISK. THIS SITE, THE CONTENT AND THE SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ORGAIN DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

ORGAIN MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THIS SITE, THE CONTENT, THE SERVICES OFFERED THROUGH THIS SITE OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS SITE OR THE PRODUCTS (AS DEFINED BELOW). ORGAIN DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. ORGAIN DOES NOT WARRANT THAT ALL USER INFORMATION OR ALL INFORMATION POSTED BY A USER WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE DELETED, CORRUPTED OR OTHERWISE UNAVAILABLE. ORGAIN DOES NOT WARRANT THAT THE SITE, USER INFORMATION OR ANY INFORMATION POSTED BY A USER WILL BE KEPT FROM ANY PARTICULAR INDIVIDUAL OR ENTITY WHO EITHER HACKS OR ENGAGES IN UNAUTHORIZED ACCESS TO SUCH CONTENT OR INFORMATION OR IS MISTAKENLY GRANTED ACCESS BY ORGAIN OR THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

Special Terms and Conditions Governing Special Promotions, Features or Functionality

The Site may include special promotions, features or functionality. For example, you may be able to use this Site to enter a sweepstakes or contest; to apply for a job; to purchase products; or to design and email a friend. These special promotions, features and functionality may be offered subject to special terms and conditions, such as age restrictions, entry deadlines, return policies, or restrictions on use. If special terms and conditions apply, we will post appropriate notices on the Site on the entry form, the order form or the registration page. Such notices supplement or amend these Terms and are hereby made part of these Terms.

Registration

The Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain Content. As part of the registration and account creation process, you will select a password and provide us with certain registration information. You are solely responsible for maintaining the confidentiality of your password(s) and you will be responsible for all usage or activity on your account, including but not limited to the unauthorized use of your account by any person using your password(s) and any purchases made by parties using your account, whether or not authorized by you.

Social Media Platforms

Orgain may choose to enable certain social media functions on the Site in order to help you complete a purchase, share product or other information with yourself or friends, or to post a comment, review or recommendation on either our Site or third-party platforms. If you choose to use social media functions on our Site, you acknowledge and agree to abide by the relevant terms and conditions of each respective social media service that we may utilize. The terms and conditions for the social media services may be found on each respective social media website or mobile app. Such social media websites and mobile apps may also be able to use information about actions you take on our Site. However, note that where you choose to publish information on the interactive parts of our Site outside of these privacy settings, or in any way through a social media website or mobile app, that information will not be protected by us. Such information is considered in the public domain, which may be accessed by any person using the Web in any part of the world and can be found using independent search engines. If you choose to post information to the interactive parts of our Site in this manner, you do so at your own risk. In addition, you acknowledge and agree that we are not responsible for the availability of these websites and mobile apps, or any other social media services that we may add to the connect function, and do not endorse and are not responsible or liable for any Content, advertising, goods, services or other materials on, available through, or provided by such websites, mobile apps or services.

Links from the Site

The Site may provide links to third-party websites or services and contain third-party advertisements. We have no control over such websites and services and you acknowledge and agree that we are not responsible for the availability of such websites or services, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that this Site provides links to or that provide links to this Site, or (ii) any Content, goods, or services available on or through any such sites or resources. We take no responsibility for third-party advertisements which are posted on this Site, nor do we take any responsibility for the goods or services provided by advertisers on this Site. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through this Site and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.

Use of the Site and Posting Policy

The following requirements apply to your use of the Site: (a) you will not use any feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, or racially, sexually, religiously, or otherwise objectionable or offensive, all as determined by Orgain in its sole and absolute discretion; (b) you will not upload any Content or link to any Content that contains or promotes any of the foregoing; (c) you will not upload, post, reproduce, or distribute any information, software, pictures, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (d) you will not solicit, collect or store personal data about other users; (e) you will not solicit money from or offer to provide money to other users in exchange for acts or services of any nature; (f) you will not use the Site for any commercial purpose not expressly approved by Orgain in writing; (g) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (h) you will not upload, post, email, or otherwise transmit any material that contains viruses, adware, spyware or any other computer code, cookies, files, or programs which might interrupt, limit, overburden, or interfere with the functionality of any computer software or hardware or telecommunications equipment, including the Site; (i) you will not use or develop any third-party applications that interact with the Site or other users’ Content without our prior written consent; and (j) you will not gain, or attempt to gain, unauthorized access to the Site, the servers or networks connected to the Site by any means (including, but not limited to, circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Site).

From time to time on certain areas of our Site you may be able to submit photos, written posts and certain other materials (“User Content”) pursuant to the policies set forth in these Terms (the “Posting Policy”). By using these features, you agree that you will not post any Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Orgain in its sole and absolute discretion; that you will not post any Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Orgain, or misrepresent an affiliation with another person or organization; you will not post any Content that contains viruses, corrupted files, adware, spyware, worms, or any other similar software or programs that may adversely affect the operation of the Site, or any feature of the Site. You further understand and agree that, except as set forth in these Terms, you have no ownership rights in any account you may have with us or other access to the Site or features therein. Orgain may cancel your account and delete all User Content associated with your account at any time, and without notice, if Orgain deems that you have violated these Terms, the law, or for any other reason, in its sole and absolute discretion. Orgain assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account. For greater certainty, and without limiting the effect of the foregoing, Orgain reserves the right, in its sole and absolute discretion, to modify, edit, refuse to post, or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, if User Content violates these Terms, or for any other reason.

By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby irrevocably grant to Orgain a non-exclusive, fully sub-licensable, non-revocable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your or any third party’s permission. Further, you waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through the Site in favor of Orgain. This license and waiver of rights includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights you hold in your User Content, and you retain any right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

In these Terms, “Feedback” refers to any material you post on or through this Site that is specifically about how we can improve this Site and/or the products and services we make available through this Site. Although we do not claim ownership of User Content that you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will, and hereby does, constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

In exercising the rights you grant to us, we may or may not, in our sole discretion, include your name, likeness, photo or biographical information in conjunction with your User Content. By submitting, disclosing or offering User Content, you hereby grant us the right to use your name, likeness, photo or biographical information in connection with our exploitation of the rights granted above.

You agree to indemnify and hold Orgain, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including, without limitation, the above Posting Policy, or any violations thereof by your dependents or which arise from the use of any Content including User Content that is submitted, posted, or otherwise provided to Orgain or this Site through your account.

By entering into these Terms, you hereby provide your irrevocable consent to our monitoring and recording of your use of the Site. You acknowledge and agree that you have no expectation of privacy vis-a-vis us or any of our service providers who provide services to us or you as part of the Site concerning the transmission of any information, including without limitation chat, text or voice communications.

You acknowledge and agree that we have the right to disclose User Content and the identity of the user who posted them in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Orgain or others, or to enforce these Terms.

Purchases from Orgain

General

Orgain offers a variety of Orgain® branded products for purchase on the Site (“Product(s)”). You may purchase Products by filling in and submitting the order form on the Site. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of Products purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you using the email address, billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Age

You must be 18 years of age or older to purchase any Products from Orgain.

Pricing

Prices for Products are subject to change without notice. All prices for Products are in US dollars, and are exclusive of any applicable local, state, or federal taxes. Shipping and handling fees, if any, will be disclosed and reviewable by you prior to submitting your order.

Payment

All payments made through the Site are processed using a third-party processor. You acknowledge that Orgain is not liable for any breaches of credit card or debit card security or privacy by such third-party processor. You agree to pay all charges from Orgain incurred by users of your credit card, debit card, or other method of payment.

Shipping

Orgain will ship all Products purchased through the Site to the address specified in the shipping address section of the order form. Shipments will be made via standard ground service unless otherwise specified at the time of purchase. The time period from the time of order to the time of delivery will vary depending on location. Products will only be shipped to addresses located within the 48 contiguous United States. We currently do not ship to Alaska, Hawaii, Puerto Rico, Guam, Virgin Islands, APO or FPO but are exploring options.

Refunds and Replacements

Please review our Return Policy for more information returns for products purchased from Orgain.com.

Orgain is pleased to offer a Subscribe & Save Program for its Products. When you choose to enroll in our Subscribe & Save Program by selecting the Subscribe & Save option when placing an order for any Product (a “Subscription Order”), the following Terms apply. By placing a Subscription Order, you acknowledge and accept these terms, conditions, limitations, and requirements. Please read these Terms carefully.

Subscription Account

You must have a registered account with Orgain, a valid email address, and a credit card and/or debit card to participate in the Subscribe & Save Program.

Subscription Order Automatic Renewal

Our Subscribe & Save Program is an automatic, recurring subscription that begins as soon as your initial payment is processed. Your subscription will automatically renew (i.e., Orgain will automatically process your Subscription Order for shipment) and you will continue to be charged on a recurring basis according to the delivery frequency (i.e., 30, 45, 60, or 90 days) you select at checkout until you cancel.

BY ENROLLING IN OUR SUBSCRIBE & SAVE PROGRAM, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES FOR AN INDEFINITE TIME, UNTIL DEACTIVATED BY YOU OR US, ON THE TERMS SET FORTH HEREIN.

Subscription Order Payment

Your Subscription order's final total may vary due to changes in price, tax rates, and/or shipping costs. Your order total will include:

Sales tax, if applicable
Shipping and handling costs, if applicable
Please note that certain coupon codes may only be applied to your first subscription order. We do not accept coupon codes for subsequent orders.

The purchase price for the Product included in your first Subscription order will be discounted by 15% (before tax, shipping and other costs, if applicable). All subsequent orders will be discounted by 15% (before tax, shipping and other costs, if applicable).

Subscription Order Placement

The total cost charged to your payment method for each Subscription Order will be the total price of the item(s) in your Subscription Order on the date that order is processed less the applicable Subscribe & Save discount (described below), plus any applicable taxes and shipping (as applicable).

Subscribe & Save Discount – The total price of the Product(s) included in your first Subscription Order will be discounted by 15% (before tax, shipping and other costs, as applicable). The total price of the Product(s) in all recurring Subscription Orders will be discounted by 15% (before tax, shipping and other costs, as applicable).

Credit card and debit card payment are the only valid payment methods accepted for Subscription Order payment under our Subscribe & Save Program. Store credit, gift certificates, checks, PayPal, and Cash On Delivery or Bill Me Later will not be accepted.

The charge for each Subscription Order will automatically be billed to the primary payment method used to place your initial Subscription Order or as otherwise provided by you. You authorize Orgain or its third-party payment processing provider to store your payment method and to automatically charge your payment method on a recurring basis according to the delivery frequency you select (i.e., 30, 45, 60, or 90 days) until you cancel. YOU ACKNOWLEDGE AND AGREE THAT ORGAIN WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. If your payment method fails, your order will not be placed; you will be notified that your Subscription Order payment has failed and you will need to update your payment information. Once your payment information is updated, your Subscription Order will be processed. If you fail to update your payment method and provide payment, we will suspend your subscription. To edit or update your payment information, you can login to your account, go to your Account Dashboard, click on “Manage Subscriptions," and then click on “Billing” to update the payment method on file.

The Products available for the Subscribe & Save Program are based on a current price. We may change the price of a Product in your Subscription Order at any time, and we will notify you of any price charge with the option to cancel. If you do not agree with a price change, you have the right to reject the change by cancelling your Subscription Order prior to the next auto-shipment date as described in the “Cancellation of Subscription” section below.

Subscription Order Notifications

A confirmation email will be sent to you after each Subscription Order is processed and shipped. You also will be notified via email and/or SMS (if opted-in) three (3) calendar days prior to the next auto-shipment date of upcoming charges for any subsequent Subscription Order. You will again be notified when payment for the subsequent Subscription Order has been processed.

Subscription Order Processing Times

If your Subscription Order auto-shipment date falls on a weekend or holiday, or on a date that the following month does not have (example: 31st), your Subscription Order will be processed on the next business day.

Changing or Modifying Subscription Orders

Subscribe & Save Program auto-shipments will be of the same Product or Products, at the same frequency and of the same quantity ordered at the time of checkout for your initial Subscription Order. You may change the Product or Products included in your subscription, adjust the quantity of the Product(s) you wish to receive or modify the delivery frequency of your Subscription Orders at any time by logging into your account, going to your Account Dashboard, and clicking "Manage Subscriptions.”

Pricing may change depending on the changes to the Product(s) or quantity of Product(s) included in your Subscription Order.

Cancellation of Subscription

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU MAY CANCEL YOUR SUBSCRIPTION TO ANY PRODUCT OR PRODUCTS OFFERED THROUGH THE SUBSCRIBE & SAVE PROGRAM AT ANY TIME BY LOGGING INTO YOUR ACCOUNT AND SELECITNG TO CANCEL IN THE “MANAGE SUBSCRIPTIONS” SECTION. YOU MUST CANCEL WITH AT LEAST SEVENTY-TWO (72) HOURS’ NOTICE PRIOR TO THE NEXT AUTO-SHIPMENT DATE TO RECEIVE A FULL REFUND. THIS MEANS THAT IF YOU’VE RECEIVED A NOTIFICATION OF UPCOMING PAYMENT, YOU HAVE THREE (3) CALENDAR DAYS TO CANCEL THAT PARTICULAR AUTO-SHIPMENT. IF YOU CANCEL AFTER THAT TIME FRAME, YOUR PAYMENT IS NON-REFUNDABLE AND YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING APPLICABLE TAXES) INCURRED WITH RESPECT TO ANY ORDER IDENTIFIED AS OUTSTANDING PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.

To cancel your subscription, you may do so through your online account by logging into your account, going to your Account Dashboard, clicking on “Manage Subscriptions”, then clicking “Cancel” under actions on the desired Product you wish to unsubscribe from.

In the event you cancel your subscription, please note that we may still send you promotional communications about Orgain, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

Formula Changes for Products in Subscription Orders

Orgain 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 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 Order is processed and shipped. The new formula Product or Products will continue for all subsequent Subscription Orders unless you choose to remove this item from your subscription.

SMS MOBILE MESSAGE MANAGEMENT PROGRAM TERMS AND CONDITIONS

ReChargeSMS (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 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 predetermined 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.

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, STOPALL, 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 management of the users digital subscription, services, and events.

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 wesley@rechargeapps.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

Our Disclaimer of Warranty

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We 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. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements

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

Age Restriction

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

Prohibited Content

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

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

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

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

Dispute Resolution

In the event that there is a dispute, claim, or controversy between you and Us, or between you and ReChargeSMS 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 Los Angeles, 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 ReChargeSMS’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.

ShakeUp! Rewards Program

Membership & Eligibility

ShakeUp! Rewards (“Program”) is a rewards program owned and operated by Orgain for its consumer customers located in the United States. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual. Employees of Orgain are not eligible for Membership and may be excluded from certain promotions.

You must be 18 years or older and a resident of the United States to be eligible for Membership.

By submitting an application for Membership in the Program, you agree to be bound by these terms and conditions (“Terms”). NO PURCHASE IS NECESSARY TO BECOME A MEMBER. The Program is void where prohibited by law.

The Program may be subject to change, alteration, or termination by Orgain in its sole discretion at any time without notice. Any change to the Program or these Terms and Conditions will be posted on the Orgain.com website.

Description of the Program

Under the Program, you earn one (1) ShakeUp! Rewards points (“point(s)”) for every U.S. dollar spent on merchandise purchased on Orgain.com. Excludes the purchase of gift cards, taxes, shipping, and all other fees or charges, prior purchases, or where otherwise prohibited by law. Other restrictions may apply. Only purchases made online at Orgain.com are eligible for ShakeUp! Rewards points. Orgain purchases made at retail location(s) do not qualify and points are not earned on these purchases. You must be logged in to your Orgain.com account to have any points deposited to your ShakeUp! Rewards account.

Points are deposited once an order has approved payment. Points will expire on a rolling basis, after 12 months of inactivity. Points may only be redeemed on future purchases. In order to convert your points, you must accumulate a minimum number of points as established by Orgain. ShakeUp! Rewards members may redeem all or a portion of their points at checkout. Orgain may, in its discretion, allow points to be redeemable for other items of merchandise from time to time. However, points are never redeemable for cash, and cannot be used towards the purchase of Orgain.com gift cards.

"Every increment of 100 active points earned can be redeemed at checkout. Points are denominated in $10 increments eligible for use at checkout, based on the threshold reached. For example:

- 100 points = a $10 discount
- 200 points = a $20 discount
- 300 points = a $30 discount
- 400 points = a $40 discount
- 500 points = a $50 discount
- 600 points = a $60 discount
- 700 points = a $70 discount
- 800 points = a $80 discount
- 900 points = a $90 discount
- 1000 points = a $100 discount
etc.

Eligible active point balances will be updated and available daily. Once points have been redeemed for a discount, they cannot be converted back into points."

Points redeemed for products will not apply towards shipping costs, if applicable. A net purchase of $75 is necessary to qualify for free shipping. Free shipping will be determined after all discounts, points, coupons and offers are applied and before taxes.

Program Points Expiration

Any points earned will expire after 12 months of account inactivity. Points are deposited once a payment has been processed for the order. If your account is closed due to extended inactivity, all points will be forfeited. Points deposited as part of another promotion may have a different expiration length and will be unique to a particular promotion. You are not required to redeem points during checkout.

Registration Offer

At the discretion of Orgain, new members may receive a Registration Incentive Offer, or other promotions, in the form of Bonus Points. These will automatically deposit into a Member’s account and may have different expiration rules. These Points are for use toward a future purchase and are not redeemable for cash. Offers are subject to change, alteration, or termination by Orgain in its sole discretion at any time without notice.

Agreeing to Orgain’s Privacy Policy & Email

"Orgain values your privacy. The personal information collected from each member, including purchase history, personal information, and credit card information, will only be used and disclosed by Orgain for the purpose of the administration of the Program, internal analysis for marketing purposes, and as otherwise permitted by Orgain’s Privacy Policy. By registering for Membership in the Program, you agree to be bound by Orgain’s Privacy Policy and Terms & Conditions at www.Orgain.com.

We respect your privacy and do not tolerate spam and will never sell, rent, lease or give away your information (name, address, email, etc.) to any third party."

By creating an account with ShakeUp! Rewards, you agree to receive advertising, marketing materials and other communications from Orgain. By signing up to join the Program, you will automatically be subscribed to receive Program emails. If you do not wish to receive these communications, you can unsubscribe from the ShakeUp! Rewards emails by clicking the unsubscribe link in the email.

Changes, Termination And/Or Removal From Program

Orgain may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) and may terminate the Program any time, in its sole discretion, by posting any such changes on the Orgain.com website.

Orgain reserves the right to exclude individuals from the Program in its sole discretion. Any abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than 12 months, any misrepresentation or any conduct detrimental to the interests of Orgain may subject members to Membership revocation and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.

Gift-card specific

Purchases paid with gift cards do not earn points. For transactions online or in participating stores. See Orgain ShakeUP! Rewards terms and conditions for details.

Cancellations & Refunds

Once an order has been canceled or refunded, any applied points will be refunded to the customer as long as the order had been marked as paid.

Product Disclaimers

You agree to use the Products only as instructed by Orgain. You understand that Products may contain materials that could be dangerous if handled improperly, and you acknowledge that Orgain is not liable for any personal injury or property damage arising from any use of any Products offered through the Site that is not in accordance with Product labels and instructions provided by Orgain through the Site; provided, however, that Orgain will have no liability for comments and suggestions for use posted on the Site by you and other users of the Site. You further acknowledge that certain Products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any Products. You hereby agree to not use Products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any jurisdiction.

Use of Credit Card

If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, CCV code, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf, or through your account on the Site. Verification of your information may be required prior to the acknowledgment or completion of any transaction.

Text, SMS, and Calls

By signing up via text, you agree to receive recurring automated marketing text messages from Orgain at the cell number used when signing up. Consent is not a condition of any purchase. Msg & data rates may apply.

If you have provided us with your prior express consent to receive communications via an automatic telephone dialing system (auto-dialer), artificial or prerecorded voice messages, or text messages, Orgain may use your information to send text messages to any mobile device connected to your cell phone number, until you opt out from future text messages by texting STOP. Once you cancel, we will send one additional confirmation message stating that you've opted out.

Limitation of Liability

IN NO EVENT SHALL ORGAIN OR ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, THE CONTENT OR SERVICES OFFERED THROUGH THIS SITE INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THIS SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION AT LAW, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, OR AN ACTION IN EQUITY, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold harmless Orgain, its affiliates, shareholders, directors, officers, employees, agents and licensors, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site or your breach of any representations, warranties, covenants or obligations contained in these Terms.

No Personal Advice or Endorsements

The Site and its Content (including any User Content) are for informational purposes only, and is not intended to replace or substitute for any professional financial, medical, legal or other advice. Information is many times general in nature and may be helpful to some persons but not others, depending on personal needs. You should always consult with your personal physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. In addition to the disclaimers and limitations of liability set forth above, we and our affiliates make no representations or warranties and expressly disclaim any and all liability in connection with any health claims or information offered or provided by users of the Site. Any such health claims or information offered or provided by users are not tested, substantiated or endorsed by us and individual results may vary and may not be typical for individual consumers.

Copyright Policy

Orgain respects the rights of copyright owners to control the uses of their intellectual property, and requires our users to do the same. You are responsible for complying with all copyright laws while using this Site. You agree that you will not use this Site to infringe the copyrights or other intellectual property rights of others in any way, including but not limited to, copying or distributing copyrighted works.

It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA, the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the DMCA Notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Jessica Nguyen

Email: dmca@Orgain.com

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

Other than claims filed by you or by Orgain in small claims court or by Orgain related to protection of Orgain’s or any of Orgain’s licensor’s intellectual property, you and Orgain hereby agree to seek resolution of any dispute or claim relating in any way to your use of this site, or to any products or services sold or distributed by Orgain or through this site, binding arbitration, instead of in a court by a judge or a jury. The Federal Arbitration Act and federal arbitration law apply to this agreement. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND Orgain SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

To initiate arbitration, you or Orgain must send a letter requesting arbitration to the other party. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Orgain will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

General

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. Any legal proceeding arising out of the use of this Site, the Content or any other materials on this Site, or these Terms must be brought in Orange County, California and must be brought within one year after the claim or cause of action arises or it is barred. By using this Site you agree to submit to the personal and exclusive jurisdiction of the courts or neutral arbitrator located within the county of Orange, California, U.S.A. You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of this provision will be null and void and of no force or effect. We may assign our rights and obligations under these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms and the Privacy Policy constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersede any and all prior or contemporaneous agreements or understandings, written and oral.