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Text Content

SWANSON HEALTH MESSAGING TERMS & CONDITIONS

You agree to receive recurring automated promotional and personalized marketing
text (e.g., SMS and MMS) messages (e.g. cart reminders) from Swanson Health,
including text messages that may be sent using an automatic telephone dialing
system, to the mobile telephone number you provided when signing up or any other
number that you designate. Consent to receive automated marketing text messages
is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Swanson Health reserves the right to alter the
frequency of messages sent at any time, so as to increase or decrease the total
number of sent messages. Swanson Health also reserves the right to change the
short code or phone number from which messages are sent and we will notify you
when we do so.

Not all mobile devices or handsets may be supported and our messages may not be
deliverable in all areas. Swanson Health, its service providers and the mobile
carriers supported by the program are not liable for delayed or undelivered
messages.

You also agree to our Swanson Health Terms of Use and Swanson Health Privacy
Policy.

We are able to deliver messages to the following mobile phone carriers: Major
carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular,
Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska
Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular,
Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania,
Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross,
Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden
State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular,
Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC
Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle
Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP
Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless,
and West Central (WCC or 5 Star Wireless).


CANCELLATION

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to
cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode
you will receive one additional message confirming that your request has been
processed. You acknowledge that our text message platform may not recognize and
respond to unsubscribe requests that do not include the STOP, END, CANCEL,
UNSUBSCRIBE or QUIT keyword commands and agree that Swanson Health and its
service providers will have no liability for failing to honor such requests. If
you unsubscribe from one of our text message programs, you may continue to
receive text messages from Swanson Health through any other programs you have
joined until you separately unsubscribe from those programs.


HELP

Text the keyword HELP to our shortcode to return customer care contact
information.


CUSTOMER CARE

If you are experiencing any problems, please visit
https://support.attentivemobile.com/help/ and submit the form with details about
your problem or your request for support, or email support@attentivemobile.com.


CONTACT

This message program is a service of Swanson Health, located at 4075 40th Ave S,
Fargo, North Dakota 58104.


DISPUTE RESOLUTION

 1. General. In the interest of resolving disputes between you and Swanson
    Health in the most expedient and cost effective manner, you and Swanson
    Health agree that any dispute arising out of or in any way related to these
    messaging terms and conditions ("Messaging Terms") or your receipt of text
    messages from Swanson Health or its service providers will be resolved by
    binding arbitration. Arbitration is less formal than a lawsuit in court.
    Arbitration uses a neutral arbitrator instead of a judge or jury, may allow
    for more limited discovery than in court, and can be subject to very limited
    review by courts. Arbitrators can award the same damages and relief that a
    court can award. This agreement to arbitrate disputes includes all claims
    arising out of or in any way related to these Messaging Terms, or your
    receipt of text messages from Swanson Health or its service providers
    whether based in contract, tort, statute, fraud, misrepresentation, or any
    other legal theory, and regardless of when a claim arises. YOU UNDERSTAND
    AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Swanson Health
    ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS
    ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY
    THE FEDERAL ARBITRATION ACT.
 2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging
    Terms will be deemed to waive, preclude, or otherwise limit the right of you
    or Swanson Health to: (i) bring an individual action in small claims court;
    (ii) pursue an enforcement action through the applicable federal, state, or
    local agency if that action is available; (iii) seek injunctive relief in
    aid of arbitration from a court of competent jurisdiction; or (iv) file suit
    in a court of law to address an intellectual property infringement claim.
 3. Arbitrator. Any arbitration between you and Swanson Health will be governed
    by the Federal Arbitration Act and the Commercial Dispute Resolution
    Procedures and Supplementary Procedures for Consumer Related Disputes
    (collectively, "AAA Rules") of the American Arbitration Association ("AAA"),
    as modified by these Messaging Terms, and will be administered by the AAA.
    The AAA Rules and filing forms are available online at www.adr.org, by
    calling the AAA at 1-800-778-7879, or by contacting Swanson Health. The
    arbitrator has exclusive authority to resolve any dispute relating to the
    interpretation, applicability, or enforceability of this binding arbitration
    agreement.
 4. Notice; Process. If you or Swanson Health intends to seek arbitration, then
    the party seeking arbitration must first send a written notice of the
    dispute to the other party by U.S. Mail ("Notice"). Swanson Health address
    for Notice is: 4075 40th Ave S, Fargo, North Dakota 58104, Attn: Chief
    Executive Officer. The Notice must: (i) describe the nature and basis of the
    claim or dispute; and (ii) set forth the specific relief sought ("Demand").
    You and Swanson Health will make good faith efforts to resolve the claim
    directly, but if you and Swanson Health do not reach an agreement to do so
    within 30 days after the Notice is received, you or Swanson Health may
    commence an arbitration proceeding. During the arbitration, the amount of
    any settlement offer made by you or Swanson Health must not be disclosed to
    the arbitrator until after the arbitrator makes a final decision and award,
    if any. (e) Fees. If you commence arbitration in accordance with these
    Messaging Terms, Swanson Health will reimburse you for your payment of the
    filing fee, unless your claim is for more than $15,000 or as set forth
    below, in which case the payment of any fees will be decided by the AAA
    Rules. If the claim is for $15,000 or less, you may choose whether the
    arbitration will be conducted: (i) solely on the basis of documents
    submitted to the arbitrator; (ii) through a non-appearance based telephone
    hearing; or (iii) by an in-person hearing as established by the AAA Rules.
    If the arbitrator finds that either the substance of your claim or the
    relief sought in the Demand is frivolous or brought for an improper purpose
    (as measured by the standards set forth in Federal Rule of Civil Procedure
    11(b)), then the payment of all fees will be governed by the AAA Rules. In
    that case, you agree to reimburse Swanson Health for all monies previously
    disbursed by it that are otherwise your obligation to pay under the AAA
    Rules. Regardless of the manner in which the arbitration is conducted, the
    arbitrator must issue a reasoned written decision sufficient to explain the
    essential findings and conclusions on which the decision and award, if any,
    are based. You and Swanson Health agree that such written decision, and
    information exchanged during arbitration, will be kept confidential except
    to the extent necessary to enforce or permit limited judicial review of the
    award. The arbitrator may make rulings and resolve disputes as to the
    payment and reimbursement of fees or expenses at any time during the
    proceeding and upon request from you or Swanson Health made within 14 days
    of the arbitrator's ruling on the merits.
 5. No Class Actions. YOU AND Swanson Health AGREE THAT EACH MAY BRING CLAIMS
    AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR
    CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,
    unless both you and Swanson Health agree otherwise in a signed writing, the
    arbitrator may not consolidate more than one person's claims, and may not
    otherwise preside over any form of a representative or class proceeding.
 6. Modifications to this Arbitration Provision. Notwithstanding anything to the
    contrary in these Messaging Terms, if Swanson Health makes any future change
    to this arbitration provision, other than a change to Swanson Health address
    for Notice, you may reject the change by sending us written notice within 30
    days of the change to Swanson Health address for Notice, in which case this
    arbitration provision, as in effect immediately prior to the changes you
    rejected, will continue to govern any disputes between you and Swanson
    Health.
 7. Enforceability. If an arbitrator decides that applicable law precludes
    enforcement of any of the limitations of subsection (f) above (addressing
    class, representative and consolidated proceedings) as to a particular claim
    for relief, then that claim (and only that claim) must be severed from the
    arbitration and brought in court. If any other provision of these Messaging
    Terms is found to be unenforceable, the applicable provision shall be deemed
    stricken and the remainder of these Messaging Terms shall remain in full
    force and effect.