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Terms and Conditions

Last Updated: December 17th, 2025

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER,” “YOU,” or “YOUR”) AND HUM NUTRITION, INC. (“HUM NUTRITION,” “WE,” or “US”).

Arbitration Agreement

SECTION 15 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.

By accessing or using any of HUM Nutrition’s websites, web applications, mobile applications, or any content, information, services, features or resources available or enabled via any of HUM Nutrition’s websites, web applications, or mobile applications (collectively, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement; (2) represent you are at least eighteen (18) years of age; and (3) represent that you have the authority to enter into this Agreement personally. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use any of the Services.

IMPORTANT DISCLAIMERS

THE SERVICES DO NOT PROVIDE ANY MEDICAL ADVICE AND THE SERVICES ARE NOT DESIGNED TO PROVIDE OR OTHERWISE MAKE AVAILABLE ANY MEDICAL OR HEALTHCARE SERVICES. YOUR USE OF THE SERVICES DOES NOT CREATE A PROVIDER-PATIENT RELATIONSHIP BETWEEN YOU AND HUM NUTRITION. If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read through the Services. Information through the Services is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use the information through the Services for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional or herbal supplement, or adopting any treatment for a health problem. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition or treatment. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Services.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

HUM Nutrition does not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned through the Services. Reliance on any information provided by us, our consultants, dietitians, our employees, and others appearing through the Services (at our invitation or other visitors to the Services) is at your own risk.

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare professional prior to use if you have or suspected a medical condition, are taking prescription drugs, or are pregnant or lactating.

You should carefully read all product packaging and instructions for any Products purchased through the Services.

Supplemental Terms

Your use of the Services is also subject to any additional terms, conditions and policies that we separately post on the Services (“Supplemental Terms”) which are incorporated by reference into this Agreement. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.

Updates to the Agreement

Subject to Section 15.12 of this Agreement, HUM Nutrition reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

  1. SERVICES.

    1. GENERAL. YOU ACKNOWLEDGE AND AGREE THAT HUM NUTRITION MAY RECEIVE FROM, OR MAY PROVIDE TO, ITS THIRD PARTY PARTNERS REVENUE SHARE PAYMENTS IN CONNECTION WITH YOUR PURCHASE OF PRODUCTS.The Services may offer an analysis of information that is transmitted by or on behalf of you and/or collected automatically (in accordance with your authorization), with the aim of helping you better assess your state of health. Access to features such as participating in programs, sharing personalized analytics, geolocation, or participating in research projects may require obtaining your express consent by checking a dedicated box and, depending on circumstances, completing a form. To find out more, you can view our Privacy Policy. Nature of the data. The data presented to you through the Services may be inaccurate due to your device or inappropriate use of a Service. Therefore, you cannot use this data as the specific basis for a care pathway. The Services are not a substitute for a medical consultation. The Services are a decision-making aid and do not constitute a definitive medical diagnosis, comprehensive medical advice, or medical consultation. The Services are based solely on the data transmitted and cannot take into account your complete clinical condition. The Services do not replace an in-person medical consultation, a thorough clinical examination, or the advice of a healthcare professional qualified to make a complete diagnosis and prescribe medical treatment if necessary. The Services are provided for informational purposes only and should not be used for self-diagnosis or self-medication. The final liability for diagnosis and treatment always lies with Your healthcare professional. HUM Nutrition accepts no liability for any direct or indirect consequences resulting from your or anyone else’s use of the information provided by or through the Services.

    2. COMMUNICATIONS.

      1. By entering into this Agreement or using the Services (including by placing an order for Products), you agree to receive communications from us, including via email. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or your use of the Services, updates concerning new and existing features of the Services, and news concerning HUM Nutrition.

      2. HUM Nutrition may offer one or more mobile message programs (collectively, the “Message Service”) that allows users to receive SMS/MMS mobile messages. If any Message Service involves the transmission of marketing messages via SMS/MMS (rather than operational messages related to your use of the Services), we will require you to separately opt-in to such Message Service to participate in such Message Service. You agree that your use of the Message Service is governed by these Terms. We do not charge for the Message Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you. Message and data rates may apply. By enrolling a telephone number in the Message Service, you authorize us to send recurring SMS and MMS mobile messages to the number you specify, and you represent that you are authorized to receive mobile messages at such number. The messages sent through the Message Service may include marketing messages. You agree that these messages may be transmitted using an automatic telephone dialing system (“ATDS”), other automated systems for the selection or dialing of telephone numbers, or different technology. Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchasing any property, goods or services. While you consent to receive messages sent using an ATDS, the foregoing shall not be interpreted to suggest or imply that any or all of our messages are sent using such a system. Message frequency varies. If you do not wish to continue participating in a Message Service program we offer, you agree to reply STOP, END, UNSUBSCRIBE, or QUIT to any mobile message you receive from that program to opt out. 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 acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that that we and our service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those keyword commands set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. To the extent you subscribe to more than one Message Service program that we operate, you must unsubscribe from each program separately. For Message Service support or assistance, text the HELP keyword in response to any message you receive through the Message Service or email us at healthy@humnutrition.com. Please note that the use of this email address is not an acceptable method of opting out of Message Service. Opt outs must be submitted in accordance with the procedures set forth above. We may change any short code or telephone number we use to operate the Message Service at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we are not responsible for honoring requests made in such messages. The Message Service may not be available in all areas or supported by all carriers or all devices. Check with your carrier for details. Delivery of mobile messages is subject to effective transmission from your wireless carrier/network operator and is outside of our control. We and the wireless carriers supported by the Message Service are not liable for any failed, delayed or undelivered messages. If you decide to change your mobile phone number, you agree to first opt out of each Message Service program in which your number is enrolled. For clarity, you acknowledge and agree that any disputes between you and us related to the Message Service will be governed by Section 15 (Arbitration Agreement).

  2. REGISTRATION. When registering an account for the Services (“Account”), you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify HUM Nutrition immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account for the same HUM Nutrition service at any given time. HUM Nutrition reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of HUM Nutrition.

  3. ORDER PROCESS.

    1. Order Acceptance. Each part of any order that you make from your Account constitutes an offer to purchase. If you do not receive a message from HUM Nutrition or its business partner confirming receipt of your order, please contact HUM Nutrition’s or such business partner’s customer service department before re-entering your order. HUM Nutrition’s or such business partner’s confirmation of receipt of your order does not constitute acceptance of your order. HUM Nutrition or such business partner is only deemed to have accepted your order once the product(s) you ordered have been shipped (the “Product”).

    2. Order Issues. Although we strive to accept all valid orders, HUM Nutrition reserves the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.

    3. Shipping. Products purchased through the Services will be shipped to the address you designate as the shipping address during the check-out process. Please visit our Shipping Information page for more information on shipping restrictions. HUM Nutrition is not responsible for taxes (including VAT), duties, brokerage, or delivery fees, or return postage applied to international shipments. HUM Nutrition recommends that you contact your customs office to inquire about import regulations prior to placing an order for Products, including any Subscription for Products. HUM Nutrition will not be liable for packages refused or held for delivery. Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that can't be delivered due to an address error, or orders seized by any Customs agency or authority.

    4. Returns. We want you to be happy with the Product that you purchase. If you are not completely happy with the Product, please feel free to contact us at healthy@humnutrition.com with any questions or concerns and/or refer to our Return Policy if you would like to return any Product you purchased through the Services. Please note that our Return Policy only applies to Products that you purchase directly from HUM Nutrition. If you purchase any Products from an authorized reseller of HUM Nutrition, please refer to such reseller’s return policy.

    5. Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, HUM Nutrition reserves the right to cancel your order and provide you a refund for the amount paid for the Product. Further, all orders are reviewed for fraud or other types of unauthorized activity. We reserve the right to review and refund, cancel, or otherwise not process an order due to suspected fraud or unauthorized activity. We reserve the right to cancel any Accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. For any questions regarding a cancelled order, please reach out to us via email at healthy@humnutrition.com.

    6. Warranty. HUM Nutrition extends a limited warranty for Products. For more information, please visit our Warranty Page.

    7. Restrictions on Resale. To protect the intellectual property rights of HUM Nutrition and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. HUM Nutrition reserves the right to decline any order that we deem to possess characteristics of reselling.

    8. Third-Party Provider. HUM Nutrition may use a third-party service provider for fulfilling orders. By ordering any Product from your Account, you acknowledge that HUM Nutrition has no responsibility or liability for any delays that may result from orders handled by such third-party service provider.

    9. Purchases through Resellers. For purchases made through the Amazon platform or other authorized resellers, the HUM Nutrition brand works hard to ensure that only authentic, high-quality products reach consumers in the condition we intend. For all sales on the Amazon platform or through other resellers, please refer to the return policy or contact customer service of the authorized reseller from whom you purchased the Products if you have any issues such Products. Please note that you may be required to provide valid proof of purchase from such authorized reseller in order to process a return or refund in accordance with such reseller’s policy.

  4. FEES AND PURCHASE TERMS.

    1. Payment. You agree to pay for all orders made from your Account in accordance with the prices and billing terms in effect at the time an order is made from your Account. You also agree to pay all applicable taxes. To make an order from your Account, you must provide valid payment information, such as a credit card (Visa, MasterCard or any other issuer accepted by us) or PayPal account. By providing your payment information, you agree that HUM Nutrition or its applicable business partner is authorized to immediately invoice your Account for all fees and charges due and payable hereunder and that no additional notice or consent is required. You agree to immediately notify HUM Nutrition or its applicable business partner of any change in your billing address, debit card, credit card, or PayPal account used for payment hereunder. HUM Nutrition uses a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the Services, you hereby consent and authorize HUM Nutrition and such third-party payment service provider to share any information and payment instructions you provide to complete your transactions. You agree to immediately notify HUM Nutrition of any change in your payment information by sending an email to healthy@humnutrition.com or updating your information in your Account. HUM Nutrition reserves the right at any time to change its prices and billing methods. Please contact healthy@humnutrition.com or call (888) 647-8880 regarding any billing disputes.

    2. Third-Party Service Provider. HUM Nutrition uses a third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (“Third-Party Service Provider”). If you make a purchase on the Service, you will be required to provide your payment details and any additional information required to complete your order directly to our Third-Party Service Provider. You hereby consent and authorize HUM Nutrition and the Third-Party Service Provider to share any information and payment instructions you provide with one or more Third-Party Service Provider(s) to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Third-Party Service Provider and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Third-Party Service Provider uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Third-Party Service Provider may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.

    3. Subscriptions. If you purchase Products on a recurring basis (a “Subscription”), the fee for such Subscription will be billed at the start of the Subscription (“Subscription Commencement Date”) and at regular intervals in accordance with your elections at the time of purchase. HUM Nutrition reserves the right to change the timing of our billing. HUM Nutrition reserves the right to change the Subscription pricing at any time “Updates to the Agreement”. If changes to the Subscription price occur that impact your Subscription, HUM Nutrition will use commercially reasonable efforts to notify you, such as by sending an email to the email address associated with your Account. If you do not agree with such changes, you may cancel your Subscription as set forth in the section titled “Cancelling Subscriptions Purchased via HUM Nutrition”. HUM Nutrition is not obligated to provide the Products to you until HUM Nutrition accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication.

      1. Automatic Renewal. If you elect to purchase a Subscription, your Subscription will continue and automatically renew at HUM Nutrition’s then-current price for such Subscription until terminated in accordance with this Agreement. The frequency at which your Subscription renews (i.e., monthly, 3 months, annually, etc.) will be designated at the time at you sign up for the Subscription.By subscribing, you authorize HUM Nutrition to charge the payment method designated in your Account now, and again at the beginning of any subsequent Subscription period. Upon renewal of your Subscription, if HUM Nutrition does not receive payment, (i) you shall pay all amounts due on your Account upon demand and/or (ii) you agree that HUM Nutrition may either terminate or suspend your Subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received).

      2. Cancelling Subscriptions Purchased via HUM Nutrition. You may cancel or terminate your Subscription by emailing healthy@humnutrition.com. If you reside in a state that requires us to make available an exclusively online option to cancel your Subscription, you may also cancel by logging into and going to the “Change/Cancel Subscription” page within your Account.

      3. Effect of Cancellation. If you cancel your Subscription, you may use your Subscription until the end of your then-current Subscription term; your Subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the fees paid for the then-current Subscription period.

    4. Refunds. Except as set forth in our posted on the Services, all fees are non-refundable.

    5. Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official HUM Nutrition communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.

  5. USER CONTENT.

    1. Responsible Party for Content. You acknowledge that all content is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that that User makes available through the Services (“User Content”). HUM Nutrition has no obligation to pre-screen any content. You use all User Content and interact with other Users at your own risk. Without limiting the foregoing, HUM Nutrition reserves the right in its sole discretion to pre-screen, refuse, or remove any content. HUM Nutrition shall have the right to remove any content that violates this Agreement or is otherwise objectionable to HUM Nutrition.

    2. Ownership of Your Content. HUM Nutrition does not claim ownership of any User Content you make available on the Services (“Your Content”). However, when you as a User post or publish Your Content on or in the Services, you represent that you have all of the necessary rights to grant HUM Nutrition the license set forth below in Section 5.3. Except with respect to Your Content, you agree that you have no right or title in or to any content that appears on or in the Services.

    3. License to Your Content. Subject to any applicable Account settings that you select, you grant HUM Nutrition (as well as any business partners with whom HUM Nutrition is working with to provide you with Services and/or that referred you to HUM Nutrition) a right to use, display, distribute, reproduce, and create derivative works of Your Content (in whole or in part) for its own lawful business purposes, including without limitation, to operate and improve the Services, analyze users’ use of the Services, and develop new products and services. For the avoidance of doubt, the foregoing license grant permits HUM Nutrition to use your User Content in de-identified form, in connection with the development and training of artificial intelligence algorithms, models, software, and technology. Note that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services.

    4. Other Restrictions on User Conduct. You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third-party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without HUM Nutrition’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (v) impersonates any person or entity, including any employee or representative of HUM Nutrition. You may not send any unsolicited e-mail message, commercial or non-commercial, to any e-mail address you have gathered from the Services.

  6. FEEDBACK. You agree that your submission of any ideas, suggestions, documents, and/or proposals to HUM Nutrition (“Feedback”) is at your own risk and that HUM Nutrition has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to HUM Nutrition the right to use any Feedback in any way at any time without any additional approval or compensation.

  7. OWNERSHIP OF AND LICENSE TO USE SERVICES.

    1. Use of the Services. Except with respect to User Content, HUM Nutrition and its suppliers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, HUM Nutrition grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. HUM Nutrition, its suppliers and service providers reserve all rights not granted in this Agreement.

    2. Trademarks. HUM Nutrition’s stylized name and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Services are the property of HUM Nutrition and may not be used without our written permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

  8. RESTRICTIONS ON USE OF SERVICES. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, service mark, logo or Services (including images, text, page layout or form) of HUM Nutrition; (c) you shall not use any metatags or other “hidden text” using HUM Nutrition's name, service marks, or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by HUM Nutrition pursuant to this Agreement.

  9. THIRD-PARTY SERVICES. The Services may contain links to third-party services such as third party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you have left the Services. HUM Nutrition does not control and is not responsible for Third-Party Links. HUM Nutrition provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk. When you leave the Services, our Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Links, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

  10. INDEMNIFICATION. You agree to indemnify and hold HUM Nutrition, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the “HUM Nutrition Indemnitees”) harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any claims concerning: (a) Your Content; (b) your misuse of the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. HUM Nutrition reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HUM Nutrition in asserting any available defenses. This provision does not require you to indemnify any of the HUM Nutrition Indemnitees for any unconscionable commercial practice by such party or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Services.

  11. DISCLAIMER OF WARRANTIES AND CONDITIONS.

    1. AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HUM NUTRITION INDEMNITEES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM THE PRODUCTS AND SERVICES. THIS SECTION 11 DOES NOT AFFECT IN ANY WAY OUR RETURN POLICY FOR THE PRODUCTS.

    2. PRODUCTS. DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, PRICES, AND AVAILABILITY OF ANY PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. OUR CURRENT PRICES CAN BE FOUND ON THE SERVICES. WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF OUR PRODUCTS, INCLUDING THE APPLICABLE COLORS; HOWEVER, THE ACTUAL COLOR YOU SEE WILL DEPEND ON YOUR COMPUTER SYSTEM, AND WE CANNOT GUARANTEE THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH COLORS. THE INCLUSION OF ANY PRODUCTS ON THE SERVICES AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT ANY TIME.

    3. NO LIABILITY FOR CONTENT. THE SERVICES CONTAIN OPINIONS AND VIEWS OF HUM NUTRITION, ITS USERS, AND OTHER THIRD-PARTIES, INCLUDING BUT NOT LIMITED TO AUTHORS OF ARTICLES AND OTHER CONTENT MADE AVAILABLE THROUGH THE SERVICES. HUM NUTRITION DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT POSTED BY HUM NUTRITION OR ANY OF ITS USERS OR OTHER THIRD-PARTIES THAT ARE MADE AVAILABLE THROUGH THE SERVICES.

    4. NO LIABILITY FOR CONDUCT OF THIRD PARTIES OR PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT THE HUM NUTRITION INDEMNITEES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HUM NUTRITION INDEMNITEES LIABLE, FOR THE CONDUCT OF THIRD-PARTIES OR ANY PRODUCTS THAT THEY MAY PROVIDE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD-PARTIES AND/OR PRODUCTS RESTS ENTIRELY WITH YOU.

    5. NO LIABILITY FOR CONDUCT OF OTHER USERS OR THIRD-PARTIES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, INCLUDING ANY AUTHORS OF ANY ARTICLES OR OTHER CONTENT MADE AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND THAT HUM NUTRITION DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OR OTHER THIRD-PARTIES MADE AVAILABLE THROUGH THE SERVICES.

    6. PROFESSIONAL ADVICE DISCLAIMER. WITHOUT LIMITING ANY OF THE DISCLAIMERS SET FORTH AT THE BEGINNING OF THIS AGREEMENT:

      1. THE CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE SERVICES ARE DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND ARE NOT CONSTRUED TO BE ADVICE OF ANY KIND. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE IN OR VIA THE SERVICES AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING MEDICAL ADVICE. YOU MUST NOT RELY ON ANY OF THE CONTENT AND INFORMATION FOR ANY PURPOSES WHATSOEVER, AND YOU MUST SEEK YOUR OWN INDEPENDENT PROFESSIONAL ADVICE BEFORE RELYING ON OR OTHERWISE DECIDING TO TAKE ANY ACTION ON THE BASIS OF ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES.

      2. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICES. THE USE OF INFORMATION AND CONTENT PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.

      3. NOTHING STATED OR POSTED ON THE WEBSITES OR MADE AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

      4. THE SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND HUM NUTRITION MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS, AND NUTRITIONAL ADVICE THAT IS MADE AVAILABLE THROUGH THE SERVICES. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE MADE AVAILABLE THROUGH THE SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO ANY PARTICULAR MATERIAL.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. LIMITATION OF LIABILITY.

    1. Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HUM NUTRITION INDEMNITEES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT HUM NUTRITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    2. Disclaimer of Third Party Conduct. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE HUM NUTRITION INDEMNITEES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES ON THE SERVICES, INCLUDING WITHOUT ANY LIMITATION, ANY USERS OF THE SERVICES.

    3. Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE HUM NUTRITION INDEMNITEES ARE LIABLE TO YOU EXCEED THE LESSER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO HUM NUTRITION BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) ONE HUNDRED DOLLARS ($100).

    4. User Content and Settings. THE HUM NUTRITION INDEMNITEES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

    5. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HUM NUTRITION AND YOU.

    6. Exclusions. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.

  2. TERMINATION. At its sole discretion, HUM Nutrition may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, HUM Nutrition reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to HUM Nutrition for Products purchased will remain due. Upon termination of this Agreement, all provisions which by their nature are intended to survive termination will survive, including without limitation, Sections 4 through 12, 15, and 16.

  3. INTERNATIONAL USERS. The Services are controlled and offered by HUM Nutrition from its facilities in the United States of America. HUM Nutrition makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

  4. ARBITRATION AGREEMENT. Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with HUM Nutrition and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

    1. Agreement to Arbitrate. Subject to the terms of this Arbitration Agreement, you and HUM Nutrition agree that any and all disputes, claims, controversies or disagreements that have arisen or may arise between you and HUM Nutrition, whether arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved exclusively by final and binding arbitration, in accordance with the terms of this Arbitration Agreement, rather than in court, except that: (i) you and HUM Nutrition may assert individual claims in small claims court if such claims qualify and remain in small claims court; and (ii) you or HUM Nutrition may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.

    2. Waiver of Jury Trial. YOU AND HUM NUTRITION HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and HUM Nutrition are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the section titled “Agreement to Arbitrate.” There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

    3. Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the section titled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, determines that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and HUM Nutrition agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or HUM Nutrition from participating in a class-wide settlement of claims.

    4. Informal Dispute Resolution. HUM Nutrition is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing HUM Nutrition’s customer support at healthy@humnutrition.com. If such efforts prove unsuccessful, you and HUM Nutrition agree that good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and HUM Nutrition agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically or via videoconference (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate in the conference.

To initiate Informal Dispute Resolution, a party must give notice to the other party (“Notice”). Such Notice to HUM Nutrition should be sent by email to healthy@humnutrition.com or regular mail to our offices located at HUM Nutrition, Inc., Healthy Towers, 6922 Hollywood Boulevard, Suite 922, Los Angeles, California 90028 (“Notice Address”). The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. HUM Nutrition will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date.

The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. During this period, either party has the option to ask the other to participate in an Information Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.

The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

  1. Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If the Informal Dispute Resolution process described above does not resolve satisfactorily within forty-five (45) days after receipt of your Notice, you and HUM Nutrition agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by National Arbitration & Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to HUM Nutrition should be sent by email to healthy@humnutrition.com or the Notice Address. HUM Nutrition will provide the Demand to your email address on file.

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).

Unless you and HUM Nutrition otherwise agree, or the Batch Arbitration process discussed in the section titled “Batch Arbitration” is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in Los Angeles County, California, or, at your election, in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”). However, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, HUM Nutrition will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

You and HUM Nutrition agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

You and HUM Nutrition agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

  1. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Delaware and will be selected by the parties from the NAM’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then the NAM will appoint the arbitrator in accordance with the NAM Rules, provided that if the Batch Arbitration process under the section titled “Batch Arbitration” is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.

  2. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes arising out of or relating to section titled “Waiver of Class or Other Non-Individualized Relief,” including any claim that all or part of section titled “Waiver of Class or Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such section titled “Waiver of Class or Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

  3. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.

  4. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and HUM Nutrition agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against HUM Nutrition by or with the assistance of the same law firm, group of law firms, or organizations(“Claimants’ Counsel”), within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by HUM Nutrition.

You and HUM Nutrition agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

  1. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the Notice Address, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or HUM Nutrition’s rights. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.

  2. Invalidity, Expiration. Except as provided in the section titled “Waiver of Class or Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement (other than the subsection titled “Batch Arbitration”) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if subsection titled “Batch Arbitration” of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in New Castle County, Delaware. You further agree that any Dispute that you have with HUM Nutrition as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

  3. Future Changes to Arbitration Agreement. You and we agree that HUM Nutrition retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted within your Account and on the website and you should check for updates regularly. We agree that if HUM Nutrition makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the website or Services, including purchase of Products through the Services, following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of this Agreement with an arbitration agreement and you did not validity opt of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. HUM Nutrition will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

  1. GENERAL PROVISIONS.

    1. Electronic Communications. The communications between you and HUM Nutrition use electronic means, whether you visit the Services or send HUM Nutrition e-mails, or whether HUM Nutrition posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from HUM Nutrition in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that HUM Nutrition provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.

    2. Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without HUM Nutrition’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

    3. Force Majeure. HUM Nutrition shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

    4. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using the contact information available on the Services. We will do our best to address your concerns.

    5. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and HUM Nutrition agree that all claims and disputes arising out of or relating to this Agreement that are not brought in a small claims court pursuant to Section 16.1 will be litigated exclusively in the state courts in Los Angeles, California, or federal courts located in Los Angeles County, California.

    6. Governing Law. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.

    7. Notice. Where HUM Nutrition requires that you provide an e-mail address, you are responsible for providing HUM Nutrition with your most current e-mail address. In the event that the last e-mail address you provided to HUM Nutrition is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, HUM Nutrition’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to HUM Nutrition at the following address: HUM Nutrition, Inc., Healthy Towers, 6922 Hollywood Boulevard, Suite 922, Los Angeles, California 90028. Such notice shall be deemed given when received by HUM Nutrition by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

    8. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

    9. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

    10. Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law.

    11. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

    12. Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.