Terms and Conditions
Last Revised: October 13, 2025
Welcome to the www.tastesalud.com website (the “Website”), which is provided by or on behalf of Taste Salud, LLC (“Seller”, “TS”, “us”, “our” and “we”). These terms and conditions of use (these “Terms”) govern your use of the Website (including all information, resources, content and tools provided thereon) and all purchases made through the Website. If you disagree with any part of these terms and conditions, please do not use the Website or make any purchases thereon.
For purposes of these Terms, “you” or “your” means you as a user of the Website and/or purchaser of Goods.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND SECTION 18 CONTAINS AN AGREEMENT TO ARBITRATE. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
IF YOU PURCHASE A SUBSCRIPTION (AS DEFINED IN SECTION 8) TO THE GOODS, THEN THE SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT THE THEN-APPLICABLE FEE FOR SUCH GOODS UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 8 BELOW.
1. GENERAL
We may change these Terms at our discretion at any time and without prior notice. If we do this, we will post the changes on this page and will indicate at this page the date these Terms were last revised. Your continued use of the Website after the date any such changes become effective constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by this or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Website.
2. PRIVACY.
For more information on how we handle the information you provide to us when you use the Website, including all information provided when you register an account on the Website, please see our Privacy Policy, located at https://tastesalud.com/pages/privacy-policy (the “Privacy Policy”). By using the Website, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
3. YOUR ORDER
The purchase of merchandise through the Website is strictly limited to parties who can lawfully enter into and form contracts in accordance with the laws of the jurisdiction of their residence. Accordingly, TS products are for sale strictly to individuals 18 years of age and older.
The following applies to all purchases of products and goods (“Goods”) on the Website:
- In order to make purchases through the Website, you will be required to register and provide personal details. In particular, you must provide their real name, phone number, email address, date of birth and other requested information as indicated.
- Your order is expressly conditioned on acceptance of these Terms.
- All orders are subject to acceptance and availability. We reserve the right not to accept an order in the event, for example:
- we are unable to obtain authorization for payment; or
- the item ordered is out of stock; or
- the order placed is incomplete or inaccurate due to technical or other reasons beyond our control.
- An order is confirmed once you receive an email from TS acknowledging and confirming the details of the order.
- TS only accepts orders for personal use. You cannot resell items offered on the Website. If TS discovers that you are placing orders with the intent to resell items offered on the Website or are otherwise using or intend to use the products inappropriately or illegally, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, TS will also report you to federal, state and/or local enforcements authorities. It is your responsibility to understand and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the Goods ordered will be used only in a lawful manner.
- Orders submitted cannot be cancelled once accepted by TS via confirmation email. To cancel an order placed before an acceptance email is received, please contact info@tastesalud.com as soon as possible.
- Please be aware that prices, availability and other purchase terms are subject to change. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. Any Good on the Website at a particular time does not imply or warrant that these products will be available at any other time. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
- From time to time, the Website may display products which are out of stock, particularly for high demand Goods which may sell out quickly. Should this be the case, you can contact our customer care department at info@tastesalud.com who will be happy to add your details to the waiting list and contact you should the item again become available to arrange payment.
- TS reserves the right to modify or discontinue, temporarily or permanently, the Goods available on the Website with or without notice. You agree that TS will not be liable to you or to any third party for any modification, suspension or discontinuance of any of TS’s Goods, provided that there is no outstanding accepted order in place for such Goods that has been properly paid for under Section 5 of these Terms.
4. PRICE
Prices shown on the Website are in U.S. Dollars (USD). All prices and offers remain valid and as advertised from time to time. The price of a product displayed on the Website at the time the order is accepted will be honored. Additional fees may be due for taxes and shipping and handling. The total amount due for Goods will be displayed at the final checkout page.
5. PAYMENT
To complete an order for Goods, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
As a part of the payment verification process, you authorize TS to charge to your credit card, or other payment instrument being used, a $1.00 authorization charge (or such other amount identified to customer at time of verification), which amount will be refunded following successful authorization.
Payment for Goods and shipping where applicable must be made at the time the order is placed through this Website. Payment can be made by a credit card or other payment instrument in accordance with the payment method accepted by our Payment Processor (as defined below). If the issuer of your payment card refuses to authorize payment to the Seller, your order will be cancelled.
All credit card transactions on this site are processed using a secure online payment platform that encrypts your card and/or banking details in a secure host environment (“Payment Processor”). The processing of payments will be subject to the terms conditions and privacy policies of the Payment Processor in addition to these Terms. TS DOES NOT PROCESS PAYMENT FOR ANY PRODUCTS and the Seller does not hold any credit card details on our Website or in our customer database. TS is not responsible for any error by, or other acts or omissions of, the Payment Processor
6. DELIVERY
- Although your order confirmation will include an estimated delivery date for the Goods, no such estimated times or dates provided by us are guaranteed. Delivery times are never guaranteed. Orders may take 1-2 business days for processing and fulfillment from when the order is placed, and daily cutoff time is 12PM Pacific Standard Time. However, longer processing times apply to orders placed on Friday evenings, during weekends, on holidays or with shipping to military addresses.
- Responsibility for the purchased Goods passes to you at the time shipping carrier (i.e. USPS, UPS, FedEx, etc.) takes possession of the Goods.
- FedEx and UPS do not provide delivery service to PO Boxes. If you are having an order shipped to a PO Box please select accordingly, so that the package is not delayed and/or returned.
- We are not liable for any loss, damages or penalty resulting from delay in delivery of the Goods when such delay is due to causes beyond our reasonable control, including without limitation, supplier delay, force majeure, act of God, labor unrest, epidemic/pandemic or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay.
7. RETURNS AND EXCHANGES
If you are not 100% satisfied with any of our drink or food Goods, contact info@tastesalud.com within 30 days of delivery to initiate the return process. We ask that you share your valuable input as to why you are requesting a return, so that we may strive to improve your customer experience in the future.
Please note, we are only able to accept returns/provide refunds for orders purchased through the Website. Samples will not be eligible for return.
We do not offer returns or refunds for clothing items unless this is due to damaged goods received. Proof of damage must be documented by photograph and submitted. We only offer exchanges on clothing items, no returns. Exchange must be requested within 30 days of original purchase date and item must be returned unworn and unwashed before exchange will be processed. Additional shipping charges will apply.
Questions about Shipping and Returns should be sent to us at: info@tastesalud.com
8.Automatic Renewal Terms for Subscribe and Save
TS offers certain Goods that can be purchased through a subscription (“Subscription”), which will automatically renew unless canceled. If you sign up for a subscription, the payment method you provide will be charged the amount then in-effect for the subscription period noted at the time of purchase (the “Billing Period”).
You may cancel your subscription at any time. To avoid a recurring charge you must cancel your subscription by the last day of your Billing Period. If you wish to cancel your subscription, you may do so by contacting us at info@tastesalud.com. All cancellations are effective on the last day of Billing Period.
9. PROMOTIONAL CODES AND VOUCHERS
TS may offer promotional codes or other vouchers (“Vouchers”) for the purchase of Goods on the Website. In order to utilize the offer on the Voucher, users need to create an account through the Website and input their information and the code found on the Voucher to redeem. A Voucher may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval. Additionally, Vouchers are only for first-time purchasers of Goods, unless the Voucher states otherwise. TS reserves the right to withdraw or deactivate any Voucher for any reason, at any time. Vouchers may only be redeemed through the Website.
10. WEBSITE USE
All content and materials available on the Website, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of TS, and are protected by applicable copyright and trademark law. The “Taste Salud” name and logos are trademarks and service marks of TS. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the TS names, trademarks and/or logos displayed on the Website, without our prior written permission in each instance. All goodwill generated from the use of the TS names, trademarks and/or logos will inure to our exclusive benefit.
You are granted a limited right to use the Website solely for your personal use. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this Website is strictly prohibited, unless specifically authorized by TS. Accordingly, you hereby agree that you will not:
- Access (or attempt to access) the Website by any means other than through the means we provide. You specifically agree not to access (or attempt to access) the Website through any automated, unethical or unconventional means.
- Engage in any activity that disrupts or interferes with the Website, including the servers and/or networks to which the Website is located or connected.
- Attempt to copy, duplicate, reproduce, sell, trade, or resell the Website or any content thereon.
- reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
- upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files.
- use the content of the Website for any commercial exploitation whatsoever.
- use the Website for any purpose not expressly permitted herein.
11.User Generated Content.
We may provide various open communication tools on this Website, such as product ratings and reviews. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- contains any type of unauthorized or unsolicited advertising;
- impersonates any person or entity, including any TS employees or representatives.
- Although we do not pre-screen or monitor the content posted by users of these various communication tools, we have the right at our sole discretion to remove any content that we feel in our judgment does not comply with these Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- We do not assume any liability for any content posted by you or any other third party users of our Website. If you do post any content on the Website, you hereby grant TS a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute such content as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process. All information provided as part of our registration process is covered by our Privacy Policy.
12.COMMUNICATIONS WITH TS
By providing us with your telephone number(s), you are consenting to be contacted by TS in accordance with the Taste Salud Messaging Service Privacy Policy. (https://terms.pscr.pt/legal/shop/taste-salud/privacy_policy), even if your telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or the internal Do Not Call List of Nori or Nori Affiliates or their partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from TS for marketing or solicitation purposes to purchase Goods. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify TS directly. In the event you change or deactivate your telephone number, you agree to promptly update your account information on the Website to ensure that your messages are not sent to a person that acquires your old telephone number.
There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
By reply to any text, SMS, or MMS message you receive from us, you may opt-out of receiving any further commercial text messages with any of the following replies: “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT”. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation.
13. LIMITATION OF WARRANTIES
By using this Website, you understand and agree that all Goods and the Website (and all content thereon)we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
- the use of our Goods and Website will meet your needs or requirements.
- the use of our Website will be uninterrupted, timely, secure or free from errors.
- the information available on the Website will be accurate or reliable, and
- any defects in the operation or functionality of the Website we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- any content downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- no information or advice, whether expressed, implied, oral or written, obtained by you from TS or through the Website shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT COVERED UNDER THE APPLICABLE PRODUCT WARRANTY, TS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER RELATED TO USE OF THIS WEBSITE OR TS PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TS OR THROUGH ANY TS PRODUCT OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- TS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
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HEALTH DISCLAIMER. THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL, OR SIMILAR SUPPLEMENT OR PRODUCT OR STARTING ANY NEW TREATMENT. YOU SHOULD CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE USING ANY OF OUR GOODS, PARTICULARLY IF YOU ARE PREGNANT OR NURSING, ANTICIPATE SURGERY, ARE TAKING ANY MEDICATIONS, HAVE A KNOWN HISTORY OF MEDICAL CONDITIONS, ILLNESSES OR OTHER HEALTH CONCERNS, OR ARE OTHERWISE UNDER MEDICAL SUPERVISION.
THE STATEMENTS MADE ABOUT THE GOODS, INCLUDING ANY STATEMENTS MADE ON THIS WEBSITE, HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (“FDA”). THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASES. - ALLERGEN INFORMATION. PLEASE NOTE THAT THE EIGHT MAJOR ALLERGENS, AS DETERMINED BY THE FDA, WHICH ARE WHEAT, EGG, SOY, MILK, TREE NUTS, PEANUTS, FISH, AND SHELLFISH, ARE STORED, PORTIONED, AND PACKAGED IN TS’ AND OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE TS TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, GOODS, MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE GOODS AND THEIR CONTENTS BEFORE CONSUMING SUCH GOODS. TS DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON THE WEBSITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON THE WEBSITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT TS IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT ANY GOODS SOLD ON THE WEBSITE.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TS and its parent company, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (collectively, the “TS Parties”), from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any products or services, or this Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
15. LIMITATION OF LIABILITY
IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE TS PARTIES’ TOTAL LIABILITY TO YOU FOR ANY CLAIM AGAINST US EXCEED THE AMOUNT YOU PAID, IF ANY, FOR USE OF PRODUCTS AND/OR SERVICES IN THE LAST SIX (6) MONTHS. TS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR MATERIALS, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
16. TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Website will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
17. GOVERNING LAW
This Website is controlled by TS from our offices located in Los Angeles, California USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Los Angeles, California USA, by accessing our Website, you agree that the statutes and laws of Los Angeles, California USA without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of any products or services through this Website.
18. ARBITRATION
Mindful of the costs and burdens associated with legal disputes, not only in dollars but also in time and energy, both you and TS agree to the following informal dispute resolution procedure before you or TS may initiate arbitration. In the event of any dispute with TS you agree to first contact us via email at info@tastesalud.com and attempt to resolve the dispute with us informally. The notice you send must including all the following information: (1) contact information (including name, address, email address, and telephone number); (2) a detailed description of the nature and basis of the dispute and any claims; (3) a detailed description of the relief sought, including a good faith calculation for it; and (4) information sufficient to identify any account and transaction at issue. The notice must be personally signed by the party asserting the dispute (and counsel, if represented). In the unlikely event that TS has not been able to resolve a dispute it has with you after ninety (90) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with these Terms or your use of the Website, shall be finally settled in accordance with the Rules of the Judicial Arbitration and Mediation Service (“JAMS”) in accordance with such Rules. To the extent the JAMS streamlined rules are available – they shall apply. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. To the extent a claim cannot legally be arbitrated (as determined by an arbitrator), the jurisdiction and venue for actions related to the subject matter hereof shall be the state and United States federal courts located in Los Angeles, California and both parties hereby submit to the personal jurisdiction of such courts.
- Mass Action Waiver
Notwithstanding anything to the contrary in this Section 18, the parties agree that the relative benefits and efficiencies of arbitration may be lost when 50 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). You and TS expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action. An arbitrator or arbitration provider shall not have any authority to hear, arbitrate, or administer any Mass Action or to award relief to anyone but the individual in arbitration. Nothing in this provision, however, prevents you or TS from participating in a mass settlement of claims. - Mass Action Dispute Procedure
Notwithstanding any provision to the contrary in the JAMS Rules, if a dispute arises as to whether a party has filed a Mass Action in violation of this Mass Action waiver, an arbitrator shall be empowered to resolve only such disputes. Such a dispute may be raised by either party with the arbitrator or arbitration provider within 15 days of its arising. If the arbitrator determines that a party has violated this Mass Action waiver, the parties shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. For the avoidance of doubt, the ability to opt out of arbitration described in this Section only applies if the arbitrator determines that you have violated the Mass Action waiver. - Batching
If a Mass Action is filed and neither party exercises its right to opt out of arbitration, the parties shall group the arbitration demands into batches of no more than 100. The batches will be determined by the claimants’ state of residence and then alphabetically by last name (or business name). The parties will randomly assign each batch a sequential number, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch will be treated as one case with one appointed arbitrator and one set of administrative fees per batch.
Nothing in this section shall be deemed as preventing TS from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
19. FORCE MAJEURE
TS is not responsible for delays or failures to perform its responsibilities due to causes beyond its control, including but not limited to acts of God, acts of government, flood, fire, earthquakes, tornadoes, civil unrest, acts of terror, pandemics, strikes or other labor problems, computer, telecommunications, internet service provider or hosting facility failures or delays involving hardware, software or power systems, malicious code, denial of service attacks, and inability to obtain energy.
20. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and TS governing your access and use of the Website, and supersede any prior agreements between you and TS with respect to the Website. You may not assign these Terms without the prior written consent of TS, but TS may assign or transfer these Terms, in whole or in part, without restriction.
21. Notice for California Users
Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Taste Salud, LLC, 1020 6th Street, Unit E, Santa Monica, CA 90403 and info@tastesalud.com.
22.Contact Us
Questions? Concerns? Suggestions? Please contact us at info@tastesalud.com to report any violations of these Terms or to pose any questions regarding these Terms, the Website or any Goods.
Hydrated & Happy