Text Messaging Terms & Conditions

Last Updated: February 2026

This is a binding agreement between you and The LIV Group, Inc. ("Liquid IV," "we," "us," "our"). Liquid IV is offering text messaging programs (each, a "Program"), which you agree to use and participate in subject to these Text Messaging Terms and Conditions (these "Terms").

By opting into or participating in any of our Programs, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us or with any affiliates, subsidiaries, parents, members, shareholders, agents, officers, managers, directors, representatives, heirs, executors, successors and assigns through binding, individual-only arbitration, as detailed in the "Dispute Resolution and Arbitration; Class Action Waiver " section below.

By opting into or participating in any of our Programs, you accept and agree to receive such messages regardless of any state or federal time of day restrictions and/or the presence of your telephone number on any state or federal Do Not Call list/registry.

Each Program is also subject to, and these Terms hereby incorporate by reference, the LiquidIV Terms & Conditions. If you do not agree to these Terms or if these Terms are not enforceable where you are located, do not participate in the Program.

Modification of Terms: We reserve the right to revise these Terms from time to time. If we do revise these Terms, the revised terms will supersede prior revisions. Unless we say otherwise, revisions will be effective upon the last updated date indicated at the top of these Terms. Please visit this site periodically to keep up to date with the current terms regarding the Program. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, "Applicable Laws"), your continued participation in each Program constitutes your acceptable of any revisions and reaffirms your continuing agreement to the then-current Terms. If you do not agree to the revisions, you must opt out of the applicable Program(s).

Consent to Receipt of Electronic Information and E-Sign: Notwithstanding anything herein to the contrary, you understand that applicable law may require us to provide certain information to you in writing in connection with any consent to receive advertising and telemarketing telephone calls and text messages. By opting-in to a mobile texting program involving the provision of advertising and/or telemarketing messages, you authorize us to provide this information to you electronically instead of in a separate paper document. You understand that you may withdraw this consent, update your information, or request a free paper copy of the information by emailing the address for the applicable Program. You understand that to access and retain a copy of this webpage, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access; and (ii) available storage space on that device to download a copy of this webpage of a connected printer to print a copy of this webpage.

Liquid IV Text Messaging Program: You may opt-in to receive mobile messages from the Liquid IV Text Messaging Program by affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Liquid IV Text Messaging Program. By participating in the Program, you agree to receive automated personalized marketing and promotional text 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 our messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. If you do not wish to continue participating in the Liquid IV Text Messaging Program or no longer agree to these Terms, reply STOP, QUIT, END, CANCEL or UNSUBSCRIBE to our shortcode. You will 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.  For questions, you may contact us by texting HELP to our shortcode.  If you require messaging support, please visit https://support.attentive.com/help/ and submit the form with details about your problem or your request for support, or email support@attentive.com. 

Cost and Frequency: Message and data rates may apply. The Programs involve recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. You may receive multiple text messages daily.

MMS Disclosure: The Programs will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Agreement: If you do not agree to be bound by ALL of these Terms, or if these Terms are not enforceable where you are located, you may not participate in any of the Programs. We would not provide the Programs without the conditions herein. If you later seek to repudiate these Terms or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of the Terms and entitling us to damages resulting from your breach. AS SUCH, IF YOU DO NOT AGREE TO ANY ASPECT OF THE TERMS, PLEASE DO NOT USE PARTICIPATE IN ANY OF OUR PROGRAMS.

Our Disclaimer of Warranty: The Programs are 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 carrier. We will not be liable for any delays or failures in the receipt of any messages connected with the Programs. Delivery of messages is subject to effective transmission from your service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.

Age Restriction: You may not use or engage with the Programs if you are under eighteen (18) years of age. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of eighteen (18). By using or engaging with any of the Programs, you also represent that you are permitted by your jurisdiction's applicable law to use and/or engage with such Program.

Truthful and Accurate Information: When you complete forms online or otherwise provide us information in connection with the Programs, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into any of the Program for an ulterior purpose, we may refuse you access to such Program and pursue any appropriate legal remedies.

Privacy Policy: LiquidIV's privacy policy describes the information Liquid IV collects about you and how it is shared or otherwise used, what rights and choices you have over your personal information and our use of it, and the measures that Liquid IV takes to protect your information.

Dispute Resolution and Arbitration; Class Action Waiver

PLEASE READ THE FOLLOWING SECTIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. Liquid IV is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. Liquid IV’s Customer Service Representatives are ready to assist you and address your concerns. If our customer service team is unable to resolve your concern, you may pursue disputes as detailed in the sections below.

A. Pre-Arbitration Claim Resolution - For all disputes, you must first give Liquid IV an opportunity to resolve the dispute by writing us at Liquid IV, 2121 Park Pl, Suite 120, El Segundo, CA 90245, Attn: General Counsel, and providing the following information: (1) your name, (2) your address and email address, (3) a written description of your claim, expressly including any available documentation supporting or otherwise evidencing your claim that is in your possession or available to you through a third party, and (4) a description of the specific relief you seek, the damages and/or injury you suffered, and a calculation for any such damages (a “Dispute Notice”). Each Dispute Notice is limited to a single Dispute between you and Liquid IV. As such, your dispute and the disputes of other parties may not be combined into a single Dispute Notice.

Within 60 days after receiving a complete Dispute Notice, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Liquid IV (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Liquid IV will participate in the Conference through one or more representatives, which may include our counsel.

Both you and Liquid IV agree that the foregoing dispute resolution procedure (the “Pre-Arbitration Claim Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation or otherwise filing any claim against the other party. If any aspect or requirement of the Pre-Arbitration Claim Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the dispute.

B. Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver - Any claim between you and Liquid IV related to these Terms or your participation in any of our Programs, if unresolved through informal pre-arbitration discussions, will be resolved by binding arbitration, except to the extent either party elects to resolve a dispute subject to the jurisdiction of a small claims court.

You and Liquid IV further agree that any dispute, whether at law or equity, arising out of or relating in any way to these Terms or your participation in any of our Programs, by whatever means, between you and Liquid IV, shall be resolved in its entirety on an individual basis (not classwide or collective) through binding arbitration. Any dispute regarding the scope of this Arbitration Agreement shall be decided by the arbitrator.

You and Liquid IV agree that any arbitration under this Arbitration Agreement will take place on an individual basis, except as otherwise provided below, and that proceedings as a private attorney general are not permitted.

This agreement to arbitrate extends to claims that you assert against other parties, including, without limit, claims against Liquid IV’s affiliates and related entities.

The agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

This agreement to arbitrate shall survive termination of these Terms and the termination of your account with Liquid IV or your discontinued use of the Platforms. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Liquid IV both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
 

C. Arbitration Procedures - If any dispute between you and Liquid IV is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Liquid IV may initiate arbitration proceedings. Any controversy or claim arising out of your participation in any of our Programs or these Terms shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree that Liquid IV accommodating any location request for your convenience will not subject Liquid IV to personal jurisdiction in such forum. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration. In resolving a claim for arbitration, the arbitrator shall apply New York State law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made and all initial filing requirements are met, unless further extended by mutual agreement of the parties. Disputes regarding the scope of this agreement to arbitrate shall be resolved by the arbitrator.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS.

However, notwithstanding the above, if you file a demand for arbitration that is one of fifty (50) or more similar demands for arbitration filed against Liquid IV by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”), or any successor rules or procedures intended to or having the effect of reducing the cost of Mass Arbitration. The Mass Arbitration Procedures are available at www.jamsadr.com/mass-arbitration-procedures.

You and Liquid IV agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section, or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.

DO NOT PARTICIPATE IN ANY OF THE PROGRAMS IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
 

D. Other Dispute Resolution Terms - In the event of any dispute between the parties, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with the dispute. As in court, you and Liquid IV agree that any counsel representing someone in arbitration certifies that they will comply with the requirements of Federal Rule of Civil Procedure 11, including a certification that the claim or the relief sought is neither legally or factually frivolous, nor brought for an improper purpose.

You acknowledge that if you are in breach of any provisions of these Terms, you shall not have the right to enforce any of the provisions herein. This includes, but is not limited to, any rights or remedies that would otherwise be available to you under these Terms.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN ANY OF OUR PROGRAMS OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Miscellaneous: You warrant and represent to Liquid IV that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms 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 these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of any of the Program shall be subject to these Terms unless explicitly stated otherwise in writing.

Choice of Law: Each Program is controlled and operated by Liquid IV from its offices in the United States of America. While you may participate in a Program from anywhere within the United States of America, you understand and agree that Liquid IV is not purposefully directing, or otherwise aiming, any activity to where you may be located through its operation of the Service, the use of which the parties agree is exclusively subject to New York law. The Federal Arbitration Act and applicable federal law (or, in the absence of applicable federal law, then the laws of the State of New York), without regard to any conflict of law provisions, will govern these Terms and any disputes or claims between you and Liquid IV.

Any disputes not subject to arbitration provisions above, shall be resolved by a court located in New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that, to the extent permitted by law, any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective, or representative capacity.

Waiver of Jury Trial: LIQUID IV AND YOU ALSO WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHT OR REMEDIES UNDER, OR ARISING IN CONNECTION WITH OR RELATING TO, THESE TERMS.