Life Extension
Text Messaging Terms and Conditions

Effective Date: November 8, 2024

These Text Messaging Terms and Conditions (the “Messaging Terms”) are a binding agreement between you (the “consumer,” “customer,” “subscriber,” “you,” or “your”) and Life Extension Foundation Buyers Club, Inc. and its group of affiliated companies and subsidiaries (“Life Extension,” “our,” “us,” or “we”) (each a “party,” together, the “parties”), governing your participation in our recurring automated text messaging and SMS short code programs (together, the “messaging services”), including our delivery of SMS (Short Message Services), MMS (Multimedia Messaging Services), RCS (Rich Communication Services), and similar mobile alerts (each a “text message,” together, the “text messages”) to your mobile phone number (each a “mobile SMS address”).

Your participation in our messaging services is conditioned upon you providing us with your authorization and express consent to deliver promotional and marketing text messages, and transactional text messages about your account, including appointment reminders, abandoned cart reminders, deliveries, password changes, orders, payments, renewals, and returns to your mobile SMS address.

THESE MESSAGING TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 19 THAT WAIVES YOUR RIGHT TO JURY TRIALS AND CLASS ACTIONS, AND REQUIRES ALL DISPUTES BE RESOLVED THROUGH ARBITRATION ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

BY CREATING AN ACCOUNT OR BY ENROLLING YOUR MOBILE SMS ADDRESS IN OUR MESSAGING SERVICES, YOU AFFIRM THAT YOU HAVE CAREFULLY READ, UNDERSTAND, AND AGREE TO BE BOUND BY AND ACCEPT ALL OF THESE MESSAGING TERMS WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS THE TERMS OF OUR GLOBAL PRIVACY NOTICE AVAILABLE AT www.lifeextension.com/legal/global-privacy-notice. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, RESIDE WITHIN THE UNITED STATES, AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT THESE MESSAGING TERMS. IF YOU CANNOT OR WILL NOT ACCEPT THESE MESSAGING TERMS, YOU MUST CEASE ALL PARTICIPATION IN OUR MESSAGING SERVICES.

We may modify, amend, or otherwise change these Messaging Terms from time to time. The “Effective Date” shown on the first page to these Messaging Terms and any additional terms, notices, or policies will indicate when those changes go into force and effect. Any material change to these Messaging Terms will be effective upon posting the modified Messaging Terms to our services available at www.lifeextension.com/legal/text-messaging-terms-and-conditions or by emailing a copy of these changes to the email address on file for your account or by any other means consistent with applicable law.

BY CONTINUING TO PARTICIPATE IN OUR MESSAGING SERVICES, OR BY ACCEPTING DELIVERY OF OUR TEXT MESSAGES AFTER THE REVISED EFFECTIVE DATE, YOU ACKNOWLEDGE AND AGREE TO YOUR FULL ACCEPTANCE OF THE MODIFIED MESSAGING TERMS.

1. Age Restriction

Our messaging services are not directed to people under eighteen (18) years of age, and any person using our messaging services represents that they are at least eighteen (18) years of age before doing so.

2. Compliance with Applicable Laws

You understand and expressly agree to strict compliance under and in connection with these Messaging Terms and any additional terms, notices, or policies posted on our services, and you will not do anything that may cause Life Extension to be in breach of any applicable laws, rules, or regulations.

3. Privacy

Our Global Privacy Notice must be read together with these Messaging Terms and governs the collection, use, transfer, and disclosure of personal information collected under these Messaging Terms and on or through our messaging services.

4. Cookies

Our Cookies Notice available at www.lifeextension.com/legal/cookies-notice, which is hereby incorporated by reference, must be read together with these Messaging Terms and governs our use of cookies, pixel tags, and similar tracking technologies used on or through our messaging services.

5. Eligibility

Your participation in our messaging services is voluntary and not a condition to any purchase. When we send text messages to your mobile SMS address, we do so with your express consent and through our existing business relationship with you. You can opt-out (or unsubscribe) at any time. We will not discriminate or retaliate against you for exercising your right to opt-out.

6. Opt-in to Messaging Services

When using our services, we may present an opportunity for you to enroll in our messaging services, including:

  • When you create an account for our services.
  • When you complete our online application to participate in clinical trials.
  • When you complete our online application to become a wholesaler.
  • When you complete a purchase at one of our clinics or retail stores using our point-of-sale system.
  • When you enroll our mobile SMS address through our promotional and marketing signups available at www.lifeextension.com/about/sms-sign-up.

You may also enroll in our messaging services through one of our Text-to-Join campaigns, including:

  • For general offers opt-in by texting HEALTH or HELLO to 543339.
  • For retail store offers opt-in by texting MARKET to 543339.
  • For wholesaler offers opt-in by texting SIGNUP to 543339.

We take steps to prevent unsolicited text messages by using a consent management platform and following a two-step confirmation process (sometimes called a “double opt-in”). This generally means that when you enroll in our messaging services, we will prompt you to either send us a text message or reply to our initial text message using the mobile SMS address that you enrolled in our messaging services before we send additional text messages.

7. Opt-out from Messaging Services

To opt-out (or unsubscribe) from our messaging services:

  • For Life Extension messaging services opt-out by replying STOP to the text message we sent or by texting STOP to 543339 or by contacting our customer service at 1-800-678-8989.
  • For Life Extension Clinical Research messaging services opt-out by replying STOP to the text message we sent or by contacting our clinical research group at 1-866-517-4536.

Our messaging services have been optimized to recognize common universal opt-out text commands, including END, CANCEL, REMOVE ME, UNSUBSCRIBE, and QUIT. Text commands are not case-sensitive.

When you opt-out from our messaging services, we will send you one more text message to confirm that your mobile SMS address has been opted-out.
If you do not receive an opt-out confirmation from us within three (3) business days following your request, or you continue to receive unwanted text messages from us, you understand and agree to immediately contact our customer service at 1-800-678-8989.

8. Managing Your Device

Our messaging services require you to use a mobile phone, tablet, or similar personal device (each, a “device”). Your device may require a broadband or high-speed internet service plan through an internet services provider (each, an “ISP”), or a cellular data or wireless service plan through a wireless services provider (each, a “Wireless Carrier”) before your device can connect to our online services. If you have specific questions about your device and any requirements for connecting your device to the internet, you should direct those questions to the manufacturer or authorized reseller where your device was purchased. WE DO NOT GUARANTEE THAT OUR MESSAGING SERVICES ARE ACCESSIBLE, COMPATIBLE OR USABLE WITH ANY PARTICULAR DEVICE, ISP OR WIRELESS CARRIER. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY DEVICE, ISP OR WIRELESS CARRIER SERVICE PLAN REQUIRED FOR YOU TO USE OUR MESSAGING SERVICES, INCLUDING BEING RESPONSIBLE FOR ANY FEES AND COSTS INCURRED BY YOU FOR THE ACQUISITION, INSTALLATION, CONFIGURATION, MAINTENANCE, REPAIR, REPLACEMENT, OR USAGE OF YOUR DEVICE, ISP OR WIRELESS CARRIER. YOU FURTHER AGREE TO IMPLEMENT REASONABLE AND APPROPRIATE PRIVACY AND SECURITY SETTINGS ON YOUR DEVICE IN ACCORDANCE WITH YOUR DEVICE MANUFACTURER RECOMMENDATIONS TO REDUCE ANY RISK OF YOUR DEVICE CAUSING HARM TO OUR MESSAGING SERVICES.

9. Managing Your Mobile SMS Address

If you deactivate, transfer, or otherwise change the mobile SMS address that you enrolled in our messaging services, you understand and agree to notify us about these changes within three (3) business days by contacting our customer service at 1-800-678-8989.

10. Message Rates and Frequency

Message and data rates may apply. Message frequency will vary depending on which of our messaging services you have subscribed to. Each of our messaging services may send up to six (6) promotional and marketing text messages per week. Transactional text messages will vary depending on your use of our services and transactional activities. We reserve the right to alter the frequency of text messages at any time without notice. Contact your Wireless Carrier to understand your message and data rates and related fees before you subscribe to our messaging services thereof. LIFE EXTENSION AND YOUR WIRELESS CARRIER ARE NOT LIABLE FOR DELAYED OR UNDELIVERABLE TEXT MESSAGES. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR ANY MESSAGE AND DATA RATES AND RELATED FEES INCURRED BY YOU OR YOUR DEVICE ARISING FROM OR IN CONNECTION WITH THESE MESSAGING TERMS.

11. For Help

To get help regarding our messaging services:

  • For Life Extension messaging services get help by replying HELP to the text message we sent or texting HELP to 543339 or by contacting our customer service at 1-800-678-8989.
  • For Life Extension Clinical Research messaging services get help by replying HELP to the text message we sent or by contacting our clinical research group at 1-866-517-4536.

WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO CONTACT US ABOUT ANY DIFFICULTIES YOU ARE EXPERIENCING WITH OUR MESSAGING SERVICES.

12. General Legal Terms

12.1 Governing Language. These Messaging Terms, including any additional terms incorporated by reference herein, have been negotiated and executed by all parties in the English language. If a translation for these Messaging Terms is prepared for convenience or any other purpose, the English language version will prevail.

12.2 Headings. Section headings used in these Messaging Terms are for convenience of reference only, and will in no way define, limit, expand, or otherwise affect the meaning or construction of any provision of these Messaging Terms.

12.3 Singular, Plural, Etc. Messaging Terms used in the singular expression include the plural and the body corporate, where required by the context. The words “includes” or “including” will not be construed as terms of limitation, unless expressly modified by the words “only” or “solely,” but rather will mean “includes but is not limited to” and “including but not limited to.”

12.4 No Relationship. Nothing contained in these Messaging Terms will be construed as creating or intending to create any partnership, joint venture, supplier-customer, principal-agent, employer-employee or similar business relationship. Neither party will have the authority to create any obligation for the other party, except to the extent stated herein.

12.5 Counterparts. These Messaging Terms may be executed in one or more counterparts, each of which will be considered original and will become a binding agreement when each party has executed one counterpart.

12.6 Electronic Acceptance, Signatures and Transactions. You understand and agree to the use of electronic signatures, contracts, and other records, and to receive electronic delivery of policies, notices, and records of transactions in connection with your purchase and use of our products, services, and content. These Messaging Terms may be accepted in electronic form, and your acceptance will be binding between the parties. Either party may email, fax, scan, image or otherwise convert these Messaging Terms into an electronic form of any type or form, now known or developed in the future. Neither party will contest the validity or enforceability of these Messaging Terms, or any related contract, policy, notice, or record of transaction that have been accepted, signed, or maintained in electronic format. You understand and agree to an unaltered or unadulterated copy of these Messaging Terms, or any business record reproduced in electronic form from an original hardcopy form or reproduced in hardcopy form from an original electronic form, will carry the same effect as the original. Such copies will be admissible in any judicial, arbitration, or mediation proceedings arising from or in connection with these Messaging Terms, or any additional terms, notices, or policies posted on or through our services, or your purchase, use, non-use, misuse, or inability to use our products, services, or content.

13. Disclaimer of Enhanced 911 Services

You understand and agree that our messaging services are not an integrated public alert or warning system, and any text messages sent to our messaging services will not be received by or retransmitted to 911 or other emergency response services. WE ARE NOT LIABLE OR OTHERWISE RESPONSIBLE TO YOU FOR ANY USE, NON-USE, MISUSE, OR INABILITY TO USE OUR MESSAGING SERVICES FOR REPORTING EMERGENCIES TO 911.

14. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN THESE MESSAGING TERMS, ANY TEXT MESSAGES DELIVERED UNDER THESE MESSAGING TERMS, INCLUDING AN OFFERS MADE AVAILABLE ON OR THROUGH OUR MESSAGING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND AT YOUR OWN DISCRETION AND RISK. LIFE EXTENSION DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) IN CONNECTION WITH OUR TEXT MESSAGES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, APPROPRIATE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES, NON-INFRINGEMENT AND TITLE, ACCURACY, AVAILABILITY, COMPLETENESS, CONDITION, RELIABILITY, SUITABILITY, TIMELINESS OR VALUE. LIFE EXTENSION DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT MESSAGING SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, OMISSIONS, DEFECTS, ATTACK, DESTRUCTION, HACKING, LOSS, VIRUSES, VULNERABILITIES OR RISK, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, INCLUDING THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU SHOULD SEEK ADVICE FROM A LICENSED ATTORNEY TO UNDERSTAND WHICH LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

15. Limitation of Liability

TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND EXPRESSLY AGREE THAT LIFE EXTENSION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE), INCLUDING DAMAGES RESULTING FROM PERSONAL INJURY OR DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS OR REVENUE, LOSS OF DATA OR INFORMATION, FAILURE TO TRANSMIT OR RECEIVE DATA, BUSINESS INTERRUPTION, COST OF PROCURING A SUBSTITUTE PRODUCT OR SERVICE, OR ANY OTHER DAMAGES ARISING UNDER OR IN CONNECTION WITH THESE MESSAGING TERMS OR THE USE, OPERATION OR PERFORMANCE OF OUR MESSAGING SERVICES, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. LIFE EXTENSION DISCLAIMS ANY LIABILITY FOR ACTS, OMISSIONS, OR CONDUCT BY ANY THIRD PARTY ARISING UNDER OR IN CONNECTION WITH YOUR USE, NON-USE, MISUSE, OR INABILITY TO USE OUR MESSAGING SERVICES. LIFE EXTENSIONS AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE MESSAGING TERMS OR YOUR USE, NON-USE, MISUSE OR INABILITY TO USE OUR MESSAGING SERVICES IS LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID TO US, IF ANY, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. NOTHING IN THESE MESSAGING TERMS WILL EXCLUDE OR LIMIT EITHER PARTIES’ LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE, FRAUD OR DECEIT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

16. Indemnity

To the extent not prohibited by applicable law, you agree to defend (upon our request), indemnify, and hold harmless Life Extension, and its underlying content and service providers, licensors and suppliers, and each of their respective officers, directors, shareholders, agents, employees, representatives, affiliates, subsidiaries, predecessors, and successors in interest for, from, and against any third party claims, liabilities, damages, losses, judgements, costs and expenses (including reasonable attorneys’ fees) arising under or in connection with your breach or alleged breach of these Messaging Terms or any additional terms, notices, or policies posted on our services, or your use, non-use, misuse, or inability to use our messaging services, and any claims alleging that your use of our services infringes upon their copyrights, patents, trademarks, trade secrets and confidential information.

17. Term and Termination

These Messaging Terms will remain in full force and effect until: (i) you have opt-out (or unsubscribed) from our messaging services and you have received a final text message from us to confirm that your mobile SMS address has been successfully removed from our messaging services; or (ii) we have terminated your participation in our messaging services, in which case you are prohibited from re-subscribing to our messaging services under a new mobile SMS address. ALL RIGHTS, OBLIGATIONS, AND LIABILITIES EXPLICITLY SET FORTH HEREIN, INCLUDING THE MANDATORY BINDING ARBITRATION CLAUSE AND NO CLASS ACTION WAIVER, WILL SURVIVE THE TERMINATION OR EXPIRATION OF THESE MESSAGING TERMS REGARDLESS OF THE CAUSE THEREOF. WE RESERVES THE RIGHT TO TAKE ANY APPROPRIATE LEGAL ACTION, INCLUDING PURSUING CIVIL, CRIMINAL, OR INJUNCTIVE REDRESS TO COMPLY WITH APPLICABLE LAWS, RULES, AND REGULATIONS, AND ENFORCE OUR LEGAL INTERESTS.

18. Entire Agreement

These Messaging Terms, together with any modifications or amendments, and any additional policies, terms or conditions incorporated by reference hereto constitutes the entire agreement and understanding between all parties hereof. These Messaging Terms are a complete, exclusive, and wholly integrated expression of understanding and agreement.

19. Governing Law and Venue, Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY, IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT AGAINST US IN COURT OR TO HAVE YOUR DISPUTE OR CLAIM HEARD BY A JUDGE OR JURY. BY ACCEPTING THESE MESSAGING TERMS, YOU UNDERSTAND AND EXPRESSLY AGREE TO ALL DISPUTES ARISING UNDER OR IN CONNECTION WITH THESE MESSAGING TERMS OR ANY ADDITIONAL TERMS, NOTICES OR POLICIES POSTED ON OUR SERVICES, OR YOUR USE, NON-USE, MISUSE, OR INABILITY TO USE OUR MESSAGING SERVICES WILL BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

19.1 Governing Law and Venue. Any dispute, claim, controversy or cause of action arising under or in connection with these Messaging Terms or its subject matter or formation thereof (together, the “dispute”) will be construed, interpreted, regulated, and administered in accordance with the laws of the State of Florida and of the United States of America, without giving effect to any conflict of laws principles, and for any matter or proceeding not subject to binding arbitration as set forth herein will take place in the State of Florida. The parties acknowledge that these Messaging Terms evidence a transaction involving interstate commerce, and the United States Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in these Messaging Terms. Parties irrevocably agree to submit to the personal jurisdiction of the federal and state courts in and for Broward County, Florida and waive any objection to such jurisdiction or venue having exclusive jurisdiction to settle any dispute arising hereunder. The parties agree to exclude the provisions of the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Law on the Formation of Contracts for the International Sale of Goods, the Uniform Computer Information Transactions Act adopted by any state (“UCITA”), and any successors thereto. Any claim arising under or in connection with these Messaging Terms or any additional terms, notices, or policies posted on our services, or your use, non-use, misuse, or inability to use our messaging services must commence within two (2) years after the cause of action arises or such claim or cause of action is barred.

19.2 Class, Consolidated and Representative Action Waiver. The parties understand and mutually agree to have all disputes, claims, controversies or causes of action arising under or in connection with these Messaging Terms or its subject matter or formation thereof be resolved through binding arbitration on an individual basis, and not in a class, consolidated, or representative action.

19.3 Notice of the Dispute. In the event of any dispute arising from or in connection with these Messaging Terms or the breach thereof, the claimant will send a written notice of the dispute to the respondent (each, a “dispute notice”). The dispute notice will be in the English language and mailed by USPS Certified Mail® or delivered by hand, commercial courier service or messenger service.

The dispute notice will include the following:

  • Claimant’s name, postal address, telephone number, and if available, email address.
  • If the claimant has retained legal representation, provide the legal representative’s name, postal address, telephone number, and email address.
  • Describe the nature of the dispute or counter-dispute, include the amount of money in dispute and any supporting information.
  • Describe what relief you are seeking from the other party.

If you are the claimant, you agree to mail your dispute notice to our Designated Agent as follows: Life Extension Foundation Buyers Club, Inc., Attention Legal Department, 3600 West Commercial Blvd., Fort Lauderdale, FL. 33309. USA. Our Designated Agent can be contacted by calling 1-954-202-7660.

If you are the respondent, you agree to receive our dispute notice to the postal address we have on file for your account. You are responsible for keeping your postal address current. If our dispute notice is undeliverable, you agree to receive our dispute notice in electronic form using the email address we have on file for your account, or the mobile phone number we have on file for your subscription(s) under these Messaging Terms.

19.4 Mandatory Direct Discussions. In the event of any dispute, the parties agree first to consult and negotiate with each other in good faith and attempt to settle the dispute through direct discussions within a period of sixty (60) days before resorting to mediation.

19.5 Initiation of Mediation. If the dispute cannot be settled through direct discussions, the parties agree first to try in good faith to settle the dispute by mediation administration by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Mediation Procedures within a period of sixty (60) days before resorting to arbitration. AAA rules, filing forms, and electronic filing services are available at www.adr.org or calling 1-800-778-7879. To initiate mediation, the claimant will submit a request for mediation to the AAA along with the appropriate filing fees, and simultaneously notify the opposing party or parties of the request.

19.6 Demand for Arbitration. If the dispute cannot be settled through mediation, the unsettled dispute will be finally settled by arbitration administration through the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (together, the “AAA Rules”) in effect at the time of the dispute. AAA rules, filing forms, and electronic filing services are available at www.adr.org or calling 1-800-778-7879. To initiate arbitration, the claimant will submit a demand for arbitration to the AAA along with standard filing fees, and simultaneously provide a copy of the demand and any supporting documents to the opposing party. If the claimant’s dispute is within the jurisdiction of small claims court, they may choose to take the dispute to that court instead of arbitration so long as the matter remains in small claims court on an individual basis and not in a class, consolidated or representative action. Arbitration hearing will be conducted by telephone or videoconference to the maximum extent possible. If the arbitrator determines that a hearing should be conducted in-person, the parties agree to an in-person hearing being held in Broward County, Florida.

19.7 Arbitration Fees and Cost. Payment of all filings, administration, mediator, and arbitrator fees will be governed by AAA rules and fee schedules. The Initial Filing Fee is payable in full by the claimant when a demand is filed. Life Extension will reimburse claimant for any standard filing fees for disputes where the value of relief sought totals less than ten thousand U.S. Dollars ($10,000), once we have received your dispute notice to demand for arbitration, and you have provided us with a copy of the arbitration proceedings. Each party will be responsible for additional costs and expenses (including reasonable attorney fees and costs), unless the arbitrator determines that applicable law requires the other party to pay those costs and expenses. If the arbitrator determines that the claim was frivolous, then the claimant agrees to reimburse the other party for any fees paid (including reasonable attorneys’ fees and costs) to the extent permitted by AAA rules and applicable law.

19.8 Arbitration Award. In no event will any award in an arbitration proceeding under these Messaging Terms exceed the greater of one hundred U.S. dollars ($100) or the amount claimant paid to Life Extension, if any, during the preceding twelve (12) months before the dispute. The arbitrator will agree to the following limits prior to accepting appointment: (i) arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute; (ii) arbitrator will not award consequential damages in any arbitration initiated under this section; and (iii) any award in an arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision to explain the findings and conclusions on which the decision and award, if any, are based.

19.9 Confidentiality. Except as required by applicable law, the parties and arbitrator(s) will not disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The arbitrator will honor evidentiary privileges to protect the parties’ trade secrets and confidential information.

19.10 Injunctive Relief. Parties acknowledge and agree that Life Extension will have the right, in addition to its other rights and remedies, to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its copyrights, patents, trademarks, trade secrets and confidential information, and to protect its services from harm or damage.

19.11 Severability. If any provision or any part or portion of any provision of these Messaging Terms for any reason be held to be invalid, void, unconscionable, or otherwise unenforceable in any respect by a court of competent jurisdiction, the remaining provisions of these Messaging Terms or any part or portion thereof will remain in full force and effect insofar as the original intent of these Messaging Terms would not be frustrated.

20. Contact Information

If you have questions about these Messaging Terms, contact our Privacy & Data Protection Officer by emailing privacy@lifeextension.com or calling 1-855-874-9085 or by writing to us at Life Extension Foundation Buyers Club, Inc., Attention Legal Department, 3600 West Commercial Blvd., Fort Lauderdale, FL. 33309. USA.