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TERMS OF SERVICE, USE AND PURCHASE
 

This website, located at www.trillionnutrition.com (this "Site"), is owned and operated by Trillion Nutrition, LLC (the “Company” or “Trillion Nutrition”). Trillion Nutrition provides website features and other products and services to you when you visit, shop or purchase items from this Site, use our services, access this Site from your mobile device or use software provided by us in connection with any of the foregoing (collectively, "Trillion Nutrition Services"). Trillion Nutrition provides its products and services subject to these Terms of Service.

By using Trillion Nutrition Services, you agree to the following conditions. Please read them carefully.

By accessing or using this Site, mobile application, or other Trillion Nutrition product or service on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a customer. We may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the Trillion Nutrition Services will be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any Trillion Nutrition Service.

 

You must be 18 or over to purchase products and provide personal information to this Site. Personal information that you provide to this Site, including any account registration information about you, is governed by our Privacy Policy


ELECTRONIC COMMUNICATIONS
When you use any Trillion Nutrition Service, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site or through the other Trillion Nutrition Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

 

SHIPPING

Shipping and handling charges are based on your subtotal order amount, calculated after applicable discounts and before sales tax. Shipping rates are calculated as follows:

 

 

 

Subtotal Amount

48 Contiguous
United States

Alaska, Hawaii, Puerto Rico, APOs

 

Standard Shipping:

$30 and Over

FREE
2-7 Business Days

FREE
Up to 30 Days

 

Standard Shipping:

Under $30

$4.95

2-7 Business Days

$4.95
Up to 30 Days

 

 

*All delivery times are based on average in-transit time and are not guaranteed. Shipments to Alaska, Hawaii, Puerto Rico or APOs may be subject to transit times up to 30 days due to the carrier or location of station.  Orders shipped to Alaska, Hawaii, Puerto Rico and APOs do not qualify for Rush Shipping.


When you submit an order, we will send you an email confirming receipt of your purchase. This does not mean that we have accepted your order. Our acceptance of the order takes place when the products are shipped to you. As soon as your order ships, you will be provided with a tracking number via email. We do not guarantee any specific delivery dates or times.

 

 

RETURNS & EXCHANGES
If for any reason you are not completely satisfied with your order, we offer free returns and exchanges within 30 days from the original date of shipment, subject to the following terms and limitations.    

 

We accept returns or exchanges for free up to 30 days from the original date of shipment. You can exchange an item for another item, or return it for a store credit or a refund. Any items acquired with store credit can only be exchanged or returned for store credit.


Returns and exchange are easy! To make a return or exchange, please follow these steps:

  1. You can email our customer service representatives at hello@trillionnutrition.com and they will email you a return shipping label and help you with any other questions you have regarding your return.
  2. Prepare your package by including the unused portion of the product(s) that you’d like to return
  3. Attach the return shipping label to your shipment
  4. Ship your package

 

RISK OF LOSS/TITLE
The risk of loss and title for products purchased on the Site or through the Trillion Nutrition Services passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item. 

SALES TAX
Trillion Nutrition is not required by law to collect sales and/or use taxes in all states, nor does it actually collect such taxes in all states. However, Trillion Nutrition reserves the right to collect sales tax in any jurisdiction if it believes that such collection is required by law.


For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where Trillion Nutrition does not collect sales tax. Details of how to report these taxes may be found at the websites of the taxing authorities applicable to you. 


PAYMENT INFORMATION
To make purchases on this Site or through the Trillion Nutrition Services you must submit credit card, debit card or payment information. You represent and warrant to Trillion Nutrition that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit or debit card expiration date) that may occur. You authorize Trillion Nutrition to use and store any credit card, debit card or other payment information submitted by you or updated credit card information submitted by your credit card company directly to Trillion Nutrition. If your credit or debit card cannot be charged due to expiration, insufficient funds or otherwise, Trillion Nutrition reserves the right to either suspend or terminate your purchase if you do not update your payment information. If you dispute any charges for product purchases, you must inform Trillion Nutrition within thirty (30) days from the date of shipment. We reserve the right to change any product prices and fees. Your continued use of the Trillion Nutrition Services after the price change becomes effective constitutes your agreement to pay the changed amount.

Trillion Nutrition may, from time to time, partner with certain third-party payment services (e.g., PayPal) ("Payment Service") to make the payment process more efficient and streamlined. If you choose to use a Payment Service on this Site, you authorize Trillion Nutrition to receive and store the payment information associated with your use of such Payment Service and to use such payment information in connection with your purchase of Trillion Nutrition Services. 

ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your account, all activities occurring under your account and all access to and use of the Trillion Nutrition Services by anyone using your account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. Trillion Nutrition shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your account, including but not limited to your account sign-in password and email address. You acknowledge and accept that your use of the Trillion Nutrition Services is in compliance with these Terms of Service. You further acknowledge and accept that Trillion Nutrition shall have no obligation to investigate the authorization or source of any account activity, including purchase activity following a proper log-in to this Site or any Trillion Nutrition Service, which is defined as a matching and current customer sign-in and user password. You must notify us immediately of any unauthorized access to your account or any other unauthorized use of any Trillion Nutrition Service.

You agree that Trillion Nutrition may, without prior notice, immediately terminate or limit your access to Trillion Nutrition Services based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Trillion Nutrition believes is harmful to its business interests: or (f) for no reason. You agree that any termination, limitation of access and/or suspension will be made in Trillion Nutrition’s sole discretion and that Trillion Nutrition will not be liable to you or any third party for the termination, limitation of access and/or suspension of your account.

PROHIBITED USES
Any and all Trillion Nutrition Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which is limited to viewing this Site, purchasing products, providing information to Trillion Nutrition, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications. Trillion Nutrition specifically prohibits any use of, and requires all users to agree not to use, the Trillion Nutrition Services for any of the following:

  1. Posting any information which is incomplete, false, inaccurate or not your own;
  2. Creating multiple accounts for the same user;
  3. Impersonating or misrepresenting your identity or affiliation;
  4. Providing your password to any other person or using any other person’s username and password;
  5. Accessing data not intended for you or logging on to a server or account, which you are not authorized to access;
  6. Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
  7. Using the Site or Trillion Nutrition Services for commercial use, resale or use on behalf of any third party;
  8. Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
  9. Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
  10. Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
  11. Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
  12. Attempting to interfere in any way with this Site's network security, or attempting to use this Site's service to gain unauthorized access to any other computer system;
  13. Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
  14. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
  15. Attempting to interfere or interfering with the operation of this Site, Trillion Nutrition’s provision of services to any other visitors to this Site, Trillion Nutrition hosting provider or Trillion Nutrition networks, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "mailbombing" or "crashing" this Site;
  16. Reverse engineering, tampering, modifying, damaging or disassembling the technology used for the Site or Trillion Nutrition Services;
  17. Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to this Site.

USER CONTENT
Any and all content, comments, reviews, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, "User Content") that you submit or post through any Trillion Nutrition Service shall be deemed non-confidential and non-proprietary. By submitting, uploading, tagging or posting any User Content, you grant to Trillion Nutrition, its subsidiaries, affiliates, successors and assigns, a perpetual, irrevocable, unrestricted, non-exclusive, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever, including but not limited to social media, marketing, third party materials, promotional materials, advertising, and other commercial and non-commercial usages without any obligation or additional permission from you. Trillion Nutrition will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. You also grant Trillion Nutrition the right to use the name, username and/or handle you submit with any User Content in connection with such content. 

 

You understand and agree that all opinions expressed in User Content reflect solely the opinions of the individuals who have submitted such User Content and are not endorsed by Trillion Nutrition. Trillion Nutrition shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Trillion Nutrition shall have no liability related to a user’s reliance on User Content. Trillion Nutrition retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. A purchase or payment of any kind will not increase the chance that we will use your User Content.

By submitting User Content, you represent and warrant to Trillion Nutrition that (i) you are over the age of 18, (ii) you have the requisite right to transmit, distribute, replicate and post the User Content, (iii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the User Content provided, (iv) you hold the rights necessary to grant the licenses described herein, (v) you have obtained the consent of each person, if any, depicted in the User Content and the User Consent does not feature anyone under the age of 18.  In addition, you represent and warrant to Trillion Nutrition that the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property rights of any third party, (c) contain any libelous, defamatory, abusive, discriminatory, hateful, violent, threatening, invasive of privacy or otherwise harassing or unlawful content, (d) display material that exploits children under 18, (e) sell or promote any products or services unrelated to this Site, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages, (f) promote or solicit any business, or post any unsolicited advertising, promotional materials or any other forms of solicitations, (g) contain any addresses, email addresses, phone numbers, any contact information or other personally identifying information of third parties, (h) contain computer viruses, worms or other harmful files, or (i) contain material that could constitute or encourage conduct that would be considered a criminal offensive, give rise to civil liability or otherwise violate any city, state, national or international laws or regulations. You are solely responsible for the User Content and you hereby agree to indemnify and hold Trillion Nutrition and its subsidiaries, affiliates, employees, successors and assigns harmless from any and all damages, claims, expenses, losses, costs and fees arising from or in connection with a breach of any of the foregoing representations and warranties or your violation of any law or rights of a third party.  If at any time you believe that any of the representations and warranties provided above is not correct, you must notify us immediately by sending an email to hello@trillionnutrition.com and identifying the User Content along with a detailed explanation of the issue.

By connecting to Trillion Nutrition with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy.
 


PRODUCT INFORMATION
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and we reserve the right to revoke any stated offer in order to correct any errors or inaccuracies. Products displayed may be out-of-stock or discontinued, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter.

PURCHASE CANCELLATIONS
All orders placed through any Trillion Nutrition Service are subject to Trillion Nutrition’s acceptance. This means that we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit or debit card has already been charged for an order that is later cancelled, we will issue you a refund.

INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any Trillion Nutrition Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Trillion Nutrition and all rights thereto are specifically reserved. As between you and Trillion Nutrition (or any other company whose marks appear on any Trillion Nutrition Service), Trillion Nutrition (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on this Site and any other Trillion Nutrition Service, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. Trillion Nutrition’s logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Trillion Nutrition Intellectual Property") are owned by Trillion Nutrition and may be registered in the United States and internationally. You agree not to display or use the Trillion Nutrition Intellectual Property in any manner without Trillion Nutrition's prior written permission. Nothing contained on this Site or in any other Trillion Nutrition Service should be construed to grant any license or right to use any Trillion Nutrition Intellectual Property without the prior written consent of Trillion Nutrition.

Except as otherwise provided herein, use of the Trillion Nutrition Services does not grant you a license to any materials, content or features you may access on this Site or via the Trillion Nutrition Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Trillion Nutrition Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose without the prior written consent of Trillion Nutrition. If you make use of the Trillion Nutrition Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the Trillion Nutrition Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.

DISCLAIMERS AND LIMITATION OF LIABILITY
Trillion Nutrition publishes information within the Trillion Nutrition Services as a convenience to its visitors. While Trillion Nutrition attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Trillion Nutrition Services at any time without notice. The products described in the Trillion Nutrition Services may not be available in your region. Trillion Nutrition does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the Trillion Nutrition Services will be available for purchase in all jurisdictions.

YOUR USE OF THE TRILLION NUTRITION SERVICES ARE AT YOUR SOLE RISK. THE TRILLION NUTRITION SERVICES AND THE PRODUCTS OFFERED THROUGH THE TRILLION NUTRITION SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRILLION NUTRITION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TRILLION NUTRITION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE TRILLION NUTRITION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE TRILLION NUTRITION SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.

TRILLION NUTRITION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE TRILLION NUTRITION SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TRILLION NUTRITION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF TRILLION NUTRITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TRILLION NUTRITION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE TRILLION NUTRITION SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. TRILLION NUTRITION SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.

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

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TRILLION NUTRITION SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE TRILLION NUTRITION SERVICES. IF A PRODUCT OFFERED THROUGH THE TRILLION NUTRITION SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.

Trillion Nutrition makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the Trillion Nutrition Services. Hyperlinks are included solely for your convenience, and Trillion Nutrition makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. Trillion Nutrition does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the Trillion Nutrition Services. Trillion Nutrition is not responsible for the content or practices of any third party sites. Users are advised to read the terms of use and privacy policy of any other third party site carefully before providing any information or engaging in any transactions.

INDEMNITY AND RELEASE
You agree to indemnify and hold Trillion Nutrition and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Trillion Nutrition Services by you or any other person accessing the Trillion Nutrition Services using your Account; (b) the use of, or connection to, the Trillion Nutrition Services by you or any other person accessing the Trillion Nutrition Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service.

DISPUTE RESOLUTIONS

 

Governing Law
Use of the Trillion Nutrition Services, or any purchases made through the Trillion Nutrition Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Trillion Nutrition Services shall be governed by the laws of California.

Any claim or cause of action you may have with respect to Trillion Nutrition or the Trillion Nutrition Services must be commenced within one (1) year after the claim or cause of action arose.

Class Action Waiver
Both you and Trillion Nutrition waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Trillion Nutrition Services, your purchases through The Site , or products purchased through the Trillion Nutrition Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as the “class action waiver".

Forum Selection/Jurisdiction
Jurisdiction and venue for any dispute shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.

Agreement to Pre-Arbitration Notification

These Terms of Service provide for final, binding arbitration of all disputed claims (discussed immediately below). You and Trillion Nutrition agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant, whether you or Trillion Nutrition, shall send a letter to the other side briefly summarizing the claim and the request for relief. If Trillion Nutrition is the claimant, the letter shall be sent, via email, to the email account listed in your account. If you are the claimant, the letter shall be sent to Trillion Nutrition, LLC, Attn: General Counsel, 1211 Liberty Way, Vista CA 92081. If the dispute is not resolved within sixty (60) days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.

Agreement to Arbitrate Claims
Except to the limited extent noted below, use of the Trillion Nutrition Services, any purchases made through the Trillion Nutrition Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Trillion Nutrition Services, or products purchased through the Trillion Nutrition Services shall be resolved by final and binding arbitration between you and Trillion Nutrition.

The arbitration shall take place in Los Angeles County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten (10) days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration.

If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is about $200 for claims under $10,000). If your filing fee is more than $200, Trillion Nutrition will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, Trillion Nutrition will also reimburse you for the $200 base filing fee.

If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of Trillion Nutrition's last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then Trillion Nutrition will pay you the amount of the award (in addition to reimbursing you for the base filing fee).

This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.

The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.

Both you and Trillion Nutrition waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: (1) The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law; (2) Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate; and (3) Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.

Appeal Rights
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

Opting out of Dispute Resolution and Class Action Waiver
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of setting up your account, you must send a letter to Trillion Nutrition, LLC, c/o Legal Department, 1211 Liberty Way Vista CA 92081 (1) your name, (2) your account number (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other terms set forth in these Terms of Service shall continue to apply to your account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if Trillion Nutrition makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to Trillion Nutrition's address), you may reject any such change by sending a letter to Trillion Nutrition within fifteen (15) days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable fifteen (15) day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable fifteen (15) day deadline.

Notice for California Users
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information Trillion Nutrition shares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared during the preceding calendar year, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Trillion Nutrition, LLC; Attn: General Counsel, 1211 Liberty Way, Vista CA 92081. In your request, please specify that you want a “Trillion Nutrition California Privacy Rights Notice". Please allow thirty (30) days for a response.

GENERAL INFORMATION
These Terms of Service constitute the entire agreement between you and Trillion Nutrition and govern your use of the Trillion Nutrition Services, and they supersede any prior agreements between you and Trillion Nutrition. You also may be subject to additional terms and conditions that are applicable to certain parts of the Trillion Nutrition Services. Trillion Nutrition may terminate this Agreement and deny you access to the Trillion Nutrition Services at any time, immediately and without notice, if in Trillion Nutrition's sole discretion you fail to comply with any provision of these Terms of Service.

You agree that no joint venture, partnership, employment, or agency relationship exists between Trillion Nutrition and you as a result of this agreement or your use of the Trillion Nutrition Services.

The failure of Trillion Nutrition to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall be deemed severable and shall not affect the enforceability of those portions of the terms deemed enforceable by applicable courts of law.

You may not assign the Terms of Service or any of your rights or obligations under the Terms of Service without Trillion Nutrition's express written consent. The Terms of Service inure to the benefit of Trillion Nutrition's successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

 

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