The STNDRD Terms of Service

Agreeing to These Terms & Conditions

We offer a range of programs and services depending on your needs. Members come to our websites to purchase and access coaching programs, community access, and educational content. These Terms and Conditions apply to everyone who uses the Website, whether you are browsing, subscribing, or participating in a program. If these Terms and Conditions are inconsistent with specific Service Terms, those Service Terms will apply.

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE "TERMS") BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER https://thestndrdcollective.com/, ITS SUBDOMAINS, OR OTHER OF OUR SITES OR ONLINE RESOURCES WHICH LINK TO THESE TERMS.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 14, 15, AND 16). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

General Use

The use of https://thestndrdcollective.com/ or other sites or online resources to which these Terms are linked (each, a "Website"), owned and maintained by Salazar Health Holdings LLC, doing business as The STNDRD ("The STNDRD," "we," "our," "us"), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE "AGREEMENT") BETWEEN YOU ("YOU") AND SALAZAR HEALTH HOLDINGS LLC, DOING BUSINESS AS THE STNDRD. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY THE STNDRD, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

The STNDRD reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms on this page. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.

Table of Contents

1. Website Use

2. Website User Conduct and Restrictions-License Terms

3. Our Privacy Statement and Your Personal Information

4. Information You Provide; Registration; Passwords

5. Order Placement and Acceptance

6. Refunds

7. Subscription Terms and Automatic Payments

8. Shipping Fees

9. Products, Services, and Prices

10. Disclaimer – your individual results will vary

11. Your Responsibilities

12. Testimonials, reviews, and pictures/videos

13. Compliance with the law, including commitment against harassment and interference with others

14. Disclaimers of other warranties

15. Limitations of liabilities

16. Dispute resolution by mandatory binding arbitration and class action waiver

17. The STNDRD's Additional Remedies

18. Indemnification

19. Notice and Takedown Procedures; Digital Millennium Copyright Act

20. Third-Party Links

21. Termination

22. No Waiver

23. Governing Law and Venue

24. Force Majeure

25. Assignment

26. Electronic Signature

27. Changes to the Agreement

28. Your Additional Representations and Warranties

29. Severability

30. Entire Agreement

31. Contacting Us

32. SMS Messaging Program

SECTION 1 – Website Use

The Website is intended for adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms. The STNDRD is a coaching and community program. It is not therapy, medical care, or a substitute for either.

SECTION 2 – Website User Conduct and Restrictions-License Terms

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The STNDRD trademark and logo are proprietary marks of Salazar Health Holdings LLC, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by The STNDRD.

Subject to your continued strict compliance with all Terms, The STNDRD provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

If you purchase a subscription to The STNDRD's programs or online materials, The STNDRD provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferrable license to access and use those materials for your own personal, non-commercial use. You acknowledge and agree that: (1) the program materials, including videos, written content, training and nutrition protocols, and community posts, are copyrighted material under United States and international copyright laws that is exclusively owned by Salazar Health Holdings LLC; (2) you do not acquire any ownership rights in the program materials; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the program materials; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any program materials without the express written permission of The STNDRD; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

You agree not to use or attempt to use the Website, or any program materials or software provided by The STNDRD, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to The STNDRD. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:

1. HARMFUL ACTS. Any dishonest or unethical practice; any violation of the law; infliction of harm to The STNDRD's reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven't specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party's intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; and the violation of the rights of The STNDRD or any third party;

2. "SPAMMING" AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed "spamming," or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to The STNDRD's reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all communications you send comply with state and local anti-spamming or analogous laws.

3. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.

4. SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to The STNDRD, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

SECTION 3 – Our Privacy Statement and Your Personal Information

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement and, if you and/or your end users are located in the European Union or United Kingdom. Our Privacy Statement may be viewed at https://thestndrdcollective.com/privacy-policy. The STNDRD reserves the right to modify its Privacy Statement and DPA in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.

SECTION 4 – Information You Provide; Registration; Passwords

As a user of The STNDRD, you will be required to create an account with The STNDRD. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your The STNDRD user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to you as a subscriber or member of The STNDRD, including pricing, program materials, and anything shared by other past or current members inside the community.

SECTION 5 – Order Placement and Acceptance

If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at [email protected] in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.

All advertised prices are in, and all payments shall be in, U.S. Dollars.

SECTION 6 – Refunds

The STNDRD has no refund or exchange policy unless explicitly stated.

Intangible online items are not refundable unless explicitly stated. As our services are digital products, it is deemed "used" after being emailed, downloaded and/or opened.

If you are not happy with our services, your only recourse is to unsubscribe from using the services or if your contract explicitly states a money-back refund then you can email: [email protected] for next steps.

If you choose to stop using our services before the end of your billing cycle, you understand and accept that we will not be able to offer a refund, whether partially or in full, for the remaining part of your cycle.

For the sake of emphasis, we do not provide refunds, credit, or prorated billing for any canceled subscription unless explicitly stated.

If you wish to cancel your subscription, please email: [email protected]. You must complete a cancellation survey form prior to having your subscription canceled, failure to submit your survey in a timely manner may result in you being liable for the next billing cycle. Once your survey has been received our customer service can begin to process your cancellation request.

SECTION 7 – Subscription Terms and Automatic Payments

Each The STNDRD user is responsible for paying all sums due to The STNDRD in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively "Fees").

Failure by a user to use any of the services available through the service provided by The STNDRD does not relieve that user of their payment obligations under these Terms. Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due.

You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is canceled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).

IF YOU WISH TO CANCEL YOUR THE STNDRD SUBSCRIPTION (INCLUDING SUBSCRIPTIONS FOR SERVICES) AT ANY TIME AFTER A FREE TRIAL OR DISCOUNTED PERIOD ENDS, YOU MUST SUBMIT A CANCELLATION REQUEST TO US VIA OUR SUPPORT EMAIL ADDRESS [email protected]. FOR MONTHLY SUBSCRIPTIONS (INCLUDING SUBSCRIPTIONS FOR SERVICES), WE REQUIRE AT LEAST TEN (10) DAYS’ NOTICE OF CANCELLATION BY EMAIL BEFORE YOUR NEXT SUBSCRIPTION PAYMENT.

The STNDRD reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event The STNDRD starts collection processes of any type, you will be liable for all reasonable collection costs actually incurred, including collection agency fees, court costs, and attorneys' fees and expenses. In addition to any Fees, The STNDRD may also charge applicable value added or other tax.

SECTION 8 – Shipping Fees

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.

SECTION 9 – Products, Services, and Prices

Products, services, and prices are generally posted at the following URL, but are subject to change: https://thestndrdcollective.com/. The STNDRD reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.

Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize The STNDRD to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of The STNDRD services, and unless you terminate your subscription as provided herein, you agree that The STNDRD may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.

The STNDRD takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

When ordering products or services, please note that The STNDRD does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided otherwise. The STNDRD descriptions of, or references to, products or services not owned by The STNDRD are not intended to imply endorsement of that product or service or constitute a warranty by The STNDRD.

SECTION 10 – Disclaimer – Your Individual Results Will Vary

Every person is different. Starting point, training history, nutrition, sleep, stress, genetics, medical history, and consistency all differ from member to member. Results reflect individual effort, and your results depend on your work. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU, INCLUDING BUT NOT LIMITED TO YOUR HEALTH, YOUR STARTING POINT, AND HOW CONSISTENTLY YOU APPLY THE PROGRAM.

The STNDRD does not promise, guarantee, or warrant any particular physical, health, body composition, or performance outcome. Members who purchase our programs receive access to coaching, community, and educational content. We do not guarantee results, and based upon factors we cannot control, the protocols and guidance we provide may or may not be appropriate for you.

Further, we do not make health outcome claims, weight loss claims, body composition claims, or claims that our programs or content will produce any specific result for you. We do not sell a guaranteed system, a quick fix, or a medical treatment. You should not purchase our programs if that is your expectation.

Instead, you should purchase with the understanding that applying the information and training purchased will take time and effort and may be appropriate in some situations but not others. The STNDRD is a coaching and community program. It is not therapy, medical care, diagnosis, or treatment, and it is not a substitute for any of these. We do not provide medical, psychological, nutritional, tax, accounting, financial, or legal advice. Training and health protocols should be undertaken in consultation with your physician, particularly if you have an existing medical condition, are pregnant, or are taking medication. Where our programs include or reference health and wellness testing, that testing is performed by third-party providers rather than by us, and any related content is educational in nature; it does not create a doctor-patient relationship between you and The STNDRD. Always seek the advice of your physician or another qualified provider with any questions about a medical condition, and never disregard or delay medical advice because of something you read or hear through The STNDRD.

SECTION 11 – Your Responsibilities

You agree that you will only use The STNDRD's programs, products, and services for lawful purposes, and that you shall not use them, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose.

You are solely and exclusively responsible for your own health decisions, including whether any training, nutrition, or recovery protocol is appropriate for you. You agree to obtain clearance from your physician before beginning any new training or health protocol, and to stop and seek medical attention if you experience pain, injury, or any concerning symptom.

You agree to disclose any medical condition, injury, medication, or physical limitation that could affect your participation, and to update that information if it changes. The STNDRD shall have no liability for your failure to do so, or for your violation of any laws.

You agree to indemnify The STNDRD as set out below in the event that you violate any law and a claim is threatened or asserted against The STNDRD as a result.

SECTION 12 – Testimonials, Reviews, and Pictures/Videos

The STNDRD is pleased to hear from users and customers and welcomes your comments regarding our services and products. The STNDRD may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to The STNDRD services or products, in printed and online media, as The STNDRD determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 10, your results will vary depending upon a variety of factors unique to and beyond The STNDRD's control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant The STNDRD a royalty-free, worldwide, perpetual, nonexclusive and irrevocable license to use them.

Additionally, The STNDRD reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. The STNDRD shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The STNDRD reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant The STNDRD a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The STNDRD and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The STNDRD for all claims resulting from content you supply. The STNDRD has the right but not the obligation to monitor and edit or remove any activity or content. The STNDRD takes no responsibility and assumes no liability for any content posted by you or any third party.

SECTION 13 – Compliance with the Laws, Including Commitment Against Harassment and Interference with Others ("Targeting")

As a user of The STNDRD, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission's Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission's Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring your compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.

If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend The STNDRD from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against The STNDRD relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by The STNDRD. You further understand and agree that The STNDRD has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. THE STNDRD DOES NOT WARRANT THAT ANY THE STNDRD MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.

COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.

SECTION 14 – Disclaimers of Other Warranties

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 15 – Limitations of Liabilities

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL THE STNDRD OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER THE STNDRD HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

SECTION 16 – Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally.

Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association ("AAA"), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you will also be subject to this arbitration provision, except as provided in Section 17 below. The arbitration will be conducted by a single neutral arbitrator in the English language in the United States, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA's Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or The STNDRD.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and The STNDRD agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and The STNDRD expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120 day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with The STNDRD, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

SECTION 17 – The STNDRD's Additional Remedies

In order to prevent or limit irreparable injury to The STNDRD, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of The STNDRD or a third-party, The STNDRD shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Florida restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting The STNDRD from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you. You hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts governing St. Petersburg, Florida, for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

SECTION 18 – Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless The STNDRD, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

SECTION 19 – Notice and Takedown Procedures; Digital Millennium Copyright Act

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send The STNDRD a notice requesting that The STNDRD remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send The STNDRD a counter-notice. Notices and counter-notices should be sent to Salazar Health Holdings LLC, St. Petersburg, Florida, United States, or by e-mail to [email protected].

SECTION 20 – THIRD-PARTY LINKS

The Website may contain links to other websites. The views, information or opinions expressed on or during any The STNDRD content or otherwise publicized on our online and mobile resources are solely those of the creating authors or contributors and not those of The STNDRD or any of its parent companies. Further, The STNDRD is not responsible for and does not verify the accuracy of any of the information contained in any such content. The primary purpose of these resources is to educate, inspire and inform. Some authors’ or contributors’ content may discuss training, nutrition, or health strategies, and you should feel free to reach out to those authors or contributors directly about the basis for what they present. The STNDRD assumes no responsibility for the content or functionality of any website not owned by The STNDRD to which we provide a link. Please see our Privacy Statement at https://thestndrdcollective.com/privacy-policy for more details.

SECTION 21 – Termination

This Agreement will take effect (or shall re-take effect) at the time you click "ACTIVATE MY ACCOUNT NOW," "PAY NOW," "ORDER NOW", "SUBMIT", "BUY NOW", "PURCHASE", "I ACCEPT", "I AGREE" or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of The STNDRD or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 10 and 12 through 30 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with The STNDRD. Upon termination, you remain responsible for any outstanding payments to The STNDRD.

SECTION 22 – No Waiver

No failure or delay on the part of The STNDRD in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by The STNDRD.

SECTION 23 – Governing Law and Venue

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or any matter concerning The STNDRD, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Florida without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 16 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Florida, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, nonrepresentative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

SECTION 24 – Force Majeure

The STNDRD will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

SECTION 25 – Assignment

Salazar Health Holdings LLC may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without The STNDRD (or its assigns’) express written consent.

SECTION 26 – Electronic Signature

All information communicated on the Website is considered an electronic communication. When you communicate with The STNDRD through or on the Website or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

SECTION 27 – Changes To The Agreement

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement located at https://thestndrdcollective.com/privacy-policy, by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

SECTION 28 – Your Additional Representations and Warranties

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; (3) that you will not resell, re-distribute, or export any program, product, or service that you order from the Website; and (4) that you are medically cleared to participate, that you have disclosed any condition, injury, or medication that could affect your participation, and that you are not relying on The STNDRD for medical care or treatment. You further represent that The STNDRD has the right to rely upon all information provided to The STNDRD by you, and The STNDRD may contact you by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

SECTION 29 – Severability

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 30 – Entire Agreement

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and The STNDRD and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and The STNDRD. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 31 – Contacting Us

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to [email protected].

If you have any questions or inquiries concerning any of the Terms, you may contact The STNDRD by email at [email protected] or by regular mail at Salazar Health Holdings LLC, St. Petersburg, Florida, United States.

You agree that you are solely responsible for any and all third party fees you may incur when being contacted by The STNDRD. In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of use, or loss of profits. If any of the terms are held unenforceable, the remainder of the terms shall remain in effect.

To unsubscribe from email or postal mail, please send an email to [email protected] and include the email address or phone number you wish to have removed. To stop text messages, see the SMS Messaging Program section below.

SECTION 32 – SMS Messaging Program

Business Identity. Salazar Health Holdings LLC, doing business as The STNDRD, operates an SMS messaging program for its members and prospective members. If you opt in, you may receive text messages about coaching check-ins, program and schedule updates, account and billing notices, and, where you have separately consented, promotional offers and discounts. Consent to receive text messages is collected through a separate, optional checkbox at the time you provide your phone number. It is never a condition of purchase, and agreeing to these Terms does not by itself enroll you in the SMS program.

Opt-Out and Support. You can cancel the SMS service at any time. Just text "STOP" to +1 863-640-0644. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].

Carrier Liability. Carriers are not liable for delayed or undelivered messages.

Message Frequency and Rates. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 10 messages per month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Privacy. If you have any questions regarding privacy, please read our privacy policy: https://thestndrdcollective.com/privacy-policy