Terms & Conditions
Last Updated: Jan 3, 2022
This (“Site”) is the property of 310 Nutrition, LLC (“Us” or “We” or “Our” or “Company”). Please read these terms and conditions (“Terms”) carefully before using this Site on any computer, mobile phone, tablet, console or other device (“Device”). By accessing and using this Site, you unconditionally agree to be bound by these Terms and all policies therein. If you do not agree to these Terms, do not access or use the Site. All users agree to be bound by any and all revisions and should periodically revisit this page to review the then current Terms. Individuals must be 18 years of age or older to use this Site and you warrant that you are 18 years of age or older.
Preferred Customer Information
By ordering as a Preferred Customer you are agreeing to a monthly auto-ship. Your first order will ship in 5-7 business days and, unless you cancel, you will automatically receive this same order every month on or around the same calendar date and for the same price which will be charged to the credit card you provide with your initial order. You can cancel or change your auto-ship at any time by contacting us at firstname.lastname@example.org or 1-800-996-0974. If you cancel before your second shipment, there will be a price adjustment to the one-time purchase price. You can cancel any time after your second order and keep the preferred customer pricing for the first two orders. To customize or cancel this program, or future shipments and charges, simply call us at 1-800-996-0974 or email customer service at email@example.com. If you email support, please make sure you allow us enough time to verify your account and be courteous of our business hours.
Copyright and License
The content within this Site, including, without limitation, the design, text, graphics, images, photographs, video and audio files, other files, and data (collectively, the “Content”), and the selection, arrangement, structure, coordination, and “look and feel” thereof, are the property of 310 Nutrition, LLC, ALL RIGHTS RESERVED Copyright © 2014 310 Nutrition, LLC.
You are granted a limited, non-sublicensable right to access this Site, and print the Content information published on this Site for your personal, non-commercial, and informational use in accordance with the Terms herein, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. The foregoing license grant does NOT include the right for you to:
• publicly perform, display, or publish any Content on broadcast, digital media, or commercial print publications media, or make other derivative uses of the Site or the Content;
• sell, market, distribute, or make commercial use of the Site or any Content;
• use frame or framing techniques to enclose any portion of this Site (including the images, graphics, or video found at this Site, any text, or the layout/design of any page or form contained on a page); or
• collect and/or use any Content including the use of any robots, data spiders, or similar data gathering, mining or extraction methods.
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.
Trademarks and Service Marks
All Company product names, slogans, and logos on this Site are either trademarks, service marks, or registered trademarks of Company or its suppliers and licensors and are the property of Company. Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. You may not use any meta tags or any other “hidden text” utilizing Company or any other name, trademark, or product name of Company without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Company’s names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Use of Material Submitted to Company (User Generated Content, “UGC”)
You will retain your ownership interest in all communications or files provided by you to Company, or this Site, via social media, message boards, forums, uploads, postings, and/or by electronic mail, telephone, text messaging, mail, or otherwise, including any text, pictures, videos, audio clips, comments, questions, suggestions, thoughts, or the like (collectively, the “Material”), and in any ideas, concepts, knowledge, or techniques (“Information”) contained in the Material. You hereby grant Company and its agents, affiliates, successors and assigns, a universal, non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable and transferable license in perpetuity to use and/or edit all submitted Material in any manner and for any purposes on the Site. All such Material and Information is, and will be treated as, non-confidential and non-proprietary. Company retains the right to edit all submitted Material in any manner and for any purpose, but is under no obligation to do so. Company may not be able to review all Material submitted and nothing herein requires Company to use, review or distribute Material provided by a user. You represent and warrant that prior to submission, you own the Material and Information submitted by you, or that you otherwise have the right to grant use thereof as set forth in this section, and that the posting of said Material and/or Information on the Site does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity. Company reserves the right to use the Material and Information for any purpose, including, but not limited to, posting, reproduction, disclosure, distribution, transmission, publication, and broadcast. Nothing herein requires Company to use, review or distribute the aforementioned Material and Information provided by a user. Company reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Material or Information that users provide, for any purpose, including, but not limited to, developing, manufacturing and marketing products or services using such information, and the user understands there shall be no consideration, royalties or other compensation from Company, its agents, affiliates or assigns for use of said Material or Information. Further, by providing Material and/or Information to the Site, each user and his/her respective heirs, hereby indemnify, discharge, release, and hold Company, together with its parents, agents, affiliates, successors, assigns, licensors, licensees, and their respective directors, members, shareholders, officers, employees, agents and representatives (collectively, the “Released Parties”), harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the Material and/or Information. The user will not post commercial advertisements, “spam,” or other solicitations in any manner relating to other websites, products, or services.
For embedded or other material hosted on a third party server (e.g., a YouTube® video), said content shall be in compliance with the external site’s terms and conditions.
Company reserves the right to remove any Material or Information it deems to be offensive, defamatory, indecent, disparaging, obscene, pornographic, abusive, harassing, illegal, or an invasion of privacy, or which in any manner violates these Terms and Conditions.
Unauthorized Use Prohibited
The user will not post Material or Information resulting from unauthorized use, or impersonation, of another registered user’s identity, name, screen-name, or persona; however, Company is not responsible for screening for any such conduct. Company is not liable for any losses of any kind, including without limitation, consequential or special damages, caused by any unauthorized use of a user’s identity, name, screen-name, persona, or account, and you may be liable for the losses of Company or others due to such unauthorized use.
Third Party Links
Company may provide links to websites and other content of third parties as a service to those interested in this information. However, we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site. The linked websites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience to you, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.
THIS IS A BINDING LEGAL DOCUMENT; PLEASE READ THIS CAREFULLY!
THIS SITE, AND THE CONTENT, MATERIAL, AND INFORMATION CONTAINED AND/OR ADVERTISED THEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT ON OR GOODS PURCHASED THROUGH THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.
Limitation of Liability
IN NO EVENT SHALL COMPANY, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, LICENSORS, AND/OR ASSIGNS (COLLECTIVELY THE “COMPANY PARTIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF THE COMPANY PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, THE COMPANY PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ITS PRODUCTS.
Lost Package Policy
If your package shows that its been delivered at usps.com, dhl.com, ups.com, or fedex.com and you still haven’t received it, no problem! Just file a claim with the appropriate carrier and provide us with the claim number via email, chat or phone call.
Damaged Package Policy
If you receive a shipment damaged in transit, please email customer support with a photo of the shipment and products showing damage in order to determine appropriate next steps.
In using this Site and/or purchasing Company’s Products, users expressly waive any and all claims that they may have against Company. You agree to indemnify, defend, and hold harmless Company and its affiliates, successors, assigns, licensors and licensees, together with all of their officers, directors, shareholders, members, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exposition of the Materials and Information on the Site.
Company may terminate these Terms at any time without notice, or suspend or terminate your access and use of the Site and/or Products at any time, with or without cause, in Company’s sole discretion. In the event of termination, the intellectual property, disclaimers, and limitations of liability provisions set forth in these Terms will survive.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND COMPANY, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN THE STATE OF CALIFORNIA. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). THE ARBITRATOR SHALL BE BOUND TO APPLY AND ENFORCE THE TERMS OF THIS AGREEMENT AND THE ARBITRATOR’S DECISION WILL BE FINAL, BINDING, AND ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION. NEITHER YOU NOR COMPANY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS.
Digital Millennium Copyright Act
Company provides the Site as an interactive service provider and is not liable for any and all claims resulting from the use of Material or Information. Pursuant to the Digital Millennium Copyright Act, if a user feels unauthorized Material or Information has been posted on this Site, please notify us by mail at 2235 E. Flamingo Rd. Las Vegas, NV 89119 attention Support, or by email at firstname.lastname@example.org with the subject line stating “Copyright.” The DMCA notice MUST include the following: (i) describe the alleged infringement in detail; (ii) the copyright owner or who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted. In addition, any DMCA notice must also contain the following statement:
“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.
Your payment details will be securely transmitted to the Bank and Payment Companies for transaction authorization using up to 256-bit SSL encryption.
There is a maximum of 3 orders per household per day allowed and a maximum of $500 per order allowed.
Cancellations & Modifications
It’s a top priority for us to process and ship your orders as quickly as possible, so that you get them in the shortest amount of time. Therefore, as soon as your order is placed, we can not process any cancellations. Your order is sent directly to our in-house fulfillment center where processing starts immediately.
Due to this, we are unfortunately unable to process any cancellations or modifications at this time. We urge you to please review your orders for accuracy thoroughly before completing them, including your “ship to” address.
We apologize greatly for any inconvenience that this may cause you at this time.
Since we are currently unable to process cancellations or changes to your order after your purchase, we will not be able to fix any mistakes at this time and your order will be shipped exactly as you placed it. However, you can return or exchange your order once you receive it by contacting our Customer Service team at 1-800-996-0974, or by chatting with us live on 310Nutrition.com by using the live chat feature in the lower right-hand corner.
Although we don’t know exactly how long we won’t be able to accept cancellations or modifications to your purchases, the entire 310 team is working tirelessly to put additional resources in place which will alleviate this issue.
Thank you for your patience as we continue to grow and expand as a company. We look forward to continuing to serve you and provide you with the absolute highest standard of care as we bring you top-of-the-line products.
If you would like to exchange your unused product for a different variation, please contact customer service for exchange instructions. Exchanges will only be honored if the product being exchanged is unused sealed and in its original packaging. Please note, the product must be back to us within 30 days of the purchase date. Shipping costs associate with an exchange are nonrefundable.
Promotional Offers and Promo Codes
Promo codes cannot be applied to previously placed orders unless within the same day of purchase. Promotions will not be honored if the promotion is invalid or without proof of promotion. Promo codes are not transferable or redeemable for cash or credit. Only one (1) promo code may be redeemed per customer/per household/ per promotion.
Promo codes and promotions may require a minimum dollar value per purchase and may only apply to certain products directly on our site. Promo codes cannot be used in combination with other discounts, coupons, promotions, shipping specials or other promo codes or gift cards. If a code or promotional item is accepted at checkout, all orders are reviewed by 310 Nutrition Customer Support team prior to fulfillment. If orders are deemed in violation of any of these Terms and Conditions, they will be adjusted accordingly. Promo codes are not replaceable if lost, stolen or damaged. Promotional items and Promo codes only apply to the product price and do not apply to shipping, sales/taxes or fees.
310 Nutrition reserves the right, without further notice to the holders of the promo codes, to modify the terms and conditions for our promotions and use of the promo codes, or to suspend or cancel the promo code in whole or in part.
If a free gift promotion is available, the customer must spend the designated dollar amount before shipping, and after additional discount codes, if applicable. The system will automatically add the free gift at checkout. Additional exclusions may apply.
Free Shipping Discounts
Free shipping discount codes only eligible on orders of $50 or more.
Order Placement and Acceptance.
If you order a product from the Website, payment must be received by 310 Nutrition prior to 310 Nutrition’s acceptance of the order. If you have not provided all of the information required for us to accept your order, we may request additional information from you regarding your order and/or we may cancel or limit the order.
Your order is expressly conditioned on acceptance of these Terms. Once we have received a completed order, your authorization to proceed with the order, and the required payment, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may elect to offer you alternative product(s) of equal quality and value for your consideration.
310 Nutrition does not knowingly accept orders from any individual or company that purchases goods with the intention of reselling them rather than using them. If 310 Nutrition discovers that you are placing orders with the intent to resell items offered on the Website, it will immediately cancel your order, suspend or terminate your account, and pursue all available legal remedies under applicable law. 310 Nutrition also reserves the right to report the use of any fake or stolen cards to federal, state and/or local enforcement authorities.
310 Rewards Program
By enrolling in this program, you agree to the following terms and conditions that govern the 310 Rewards Program.
310 Rewards ("Rewards") is a loyalty program sponsored by 310 Nutrition, LLC (“Sponsor”) through which individuals (“Participant(s)”) who have a valid 310 Account, a valid email address, and have enrolled in the 310 Rewards Program, may earn points (“Points”) that will be credited to the Participant's 310 Rewards Account (“Rewards Account") by making qualified purchases directly from the 310nutrition.com website and by completing specific actions as indicated on https://310nutrition.com/pages/join-or-login-to-310-rewards. Participants may redeem their Points during the checkout process.
310 Rewards is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or older. All aspects of 310 Rewards may not be available to Participants outside the U.S. and is void where prohibited by law. Participants must have a valid 310 Account, a valid email address, and enroll in the 310 Rewards Program. Accounts are free, but subject to Terms and Conditions. If you do not have a 310 Account, visit www.310Nutrition.com/account/register and follow the instructions to create an account.
To enroll in 310 Rewards and thereby create a 310 Rewards Account, the Participant is required to create a 310 Account and register online (https://310nutrition.com/pages/my-rewards) with the email address associated with the participants 310 Account and agree to these Terms and Conditions. Continued participation in 310 Rewards constitutes each Participant's continued full and unconditional agreement to these Rewards Terms and Conditions, as they may be updated from time to time without notice (“Rules”) and representation that Participant meets the eligibility requirements set out in these Rules. Those who do not comply with these Rules may be prohibited from participating in 310 Rewards as determined by 310 Nutrition in its sole discretion. There is a limit of one (1) Rewards Account per person/email address, regardless of whether more than one person uses the same email address. The person who is the authorized e-mail account holder of the e-mail address indicated when registering (and who otherwise meets the eligibility criteria) will be deemed the Participant. In the event of fraud, abuse of privileges or actions in violation of these Terms & Conditions we reserve the right to cancel your account. Points cannot be applied to account for prior purchases
By accepting these Rules and signing up for Rewards, Participants hereby agree to receive email messaging to the email address associated with Account.
310 Rewards will continue until Sponsor announces its termination, which it may do at any time, with or without notice to Participants. Sponsor also reserves the right to suspend or modify the Rewards, at its discretion, at any time with or without notice. Termination, modification or suspension may affect a Participant's ability to redeem accumulated Points. When earned, rewards and balance will be identified on your 310 Rewards Account page. Points will be awarded towards the order subtotal after any discounts, gift cards and coupons, and before sales tax and shipping charges. International customers are not eligible for any free shipping offers available through 310 Rewards.
By joining 310 Rewards, you represent that you have read and agree to all the rules of this program. You specifically agree to provide and maintain a valid email address and to keep 310 Nutrition informed of any changes to your email address. Your membership is non transferable and is subject to present and future Rewards rules. By participating in the 310 Rewards Program, you agree to receive advertising, marketing materials and other communications from 310 Nutrition.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of products & services from the Company & its partners.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Deliverability: Carriers are not liable for delayed or undelivered messages
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Las Vegas, Nevada before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which 310 Nutrition LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
310 Nutrition Refer-a-Friend Program Terms & Conditions
Qualified Referral. A Qualified Referral is defined as a purchase made at 310nutrition.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than $30 in total value, minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees.
Reward Payments. Rewards are payable in increments of $10. The maximum Qualified Referrals earned per calendar year may be no more than 50 Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
Eligibility. Eligibility is limited to individuals only. 310 Nutrition’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in 310 Nutrition’s sole discretion.
No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from 310 Nutrition’s Refer-a-Friend program.
Right to Close Accounts. 310 Nutrition reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the 310 Nutrition Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. 310 Nutrition reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
310 Refer a Friend Giveaway OFFICIAL RULES
- Sponsor: 310 Refer a Friend Giveaway (the "Contest") is sponsored by 310 Nutrition, 7325 S Rainbow Blvd, Ste 110, Las Vegas, NV (the “Sponsor”). The Sponsor is responsible for all aspects of the Contest. Participation in the Contest constitutes the participant's full and unconditional agreement to these Official Rules, and Sponsor’s decisions, which are final and binding in all matters related to the Contest.
- Eligibility: Contest (the "Contest") is only open to participants who are legal residents of United States, and who are 18+ at the time of entry (the “Entrant”). Employees of 310 Nutrition (the "Sponsor"), their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited or restricted by law, rule, or regulation.
- Contest Period: Entries will be accepted online starting on 1/3/2022 at 12:00 AM and ending 1/31/2022 at 11:59 PM (the “Entry Period”). All online entries must be received by 1/31/2022 11:59 PM . All times are Pacific Standard Time. Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Contest.
- How to Enter: The Contest must be entered by submitting an entry using the online form provided on this site. The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of 310 Nutrition. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple e-mail addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of 310 Nutrition.
- Qualifying Submissions: Each successful referral (new customer that places an order referred by the referee) at 310 Nutrition constitutes an entry.
- Judging: The Contest entries will be judged based on: At the end of January 2022, we will pull data from our system to see who referred the most customers to 310 Nutrition, during month of January 2022. Judging will be conducted by Sponsor of the Contest
- Prizes: The approximate retail value of all prizes is up to $1,000. The prize is: Covered Flight & Stay to Las Vegas Nevada to Attend 310 Day on March 10, 2022. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for 310 Nutrition to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Winner Notification: Winners of the Contest will be notified via e-mail or phone to the e-mail address or phone number they entered into the Contest with within five (5) days following the winner selection. 310 Nutrition shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected. The receipt by winner of the prize offered in this Contest is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by you: By entering this Contest you understand that 310 Nutrition, anyone acting on behalf of 310 Nutrition, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Contest, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
- Terms: 310 Nutrition reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Contest should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, 310 Nutrition may judge submissions from all eligible entries received prior to and/or after (if appropriate) the action taken by 310 Nutrition. 310 Nutrition reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions. 310 Nutrition has the right, in its sole discretion, to maintain the integrity of the Contest, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, 310 Nutrition reserves the right to seek damages from any such person to the fullest extent permitted by law. By entering the Contest you agree to receive email newsletters periodically from 310 Nutrition. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
- Limitation of Liability: By entering you agree to release and hold harmless 310 Nutrition and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; (v) electronic or human error which may occur in the administration of the Contest or the processing of entries.
- Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF UNITED STATES AND NV, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in NV having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Contest), and participant further waives all rights to have damages multiplied or increased.
- Winners List: For the names of the winners, please contact us at and in the body of the email type 'Please e-mail me the winners' list for the 310 Nutrition Contest.
- This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this Contest and not to Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google.
Consumers are prohibited from purchasing products on 310nutrition.com and reselling them on any online marketplace including but not limited to Amazon, eBay and Walmart.com