Terms of Service

1. Acceptance of These Terms

These Terms of Service ("Terms") govern your access to and use of websites, assessments, reports, digital training programs, educational materials, emails, downloads, and other products or services provided under the HW Strong or HW / STRONG brand ("HW Strong," "we," "us," or "our").

By accessing our website, submitting an assessment, purchasing a product, downloading materials, or otherwise using our services, you agree to these Terms and our Privacy Policy.

If you do not agree to these Terms, do not use the services or purchase our products.

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to purchase our products unless a parent or legal guardian has expressly authorized your use.

2. What We Provide

HW Strong provides fitness-related educational products, assessments, training programs, personalized reports, decision tools, and related digital materials.

Certain products may use information you provide through an assessment to generate recommendations, training structures, exercise selections, nutrition-related educational information, scheduling suggestions, or other individualized content.

Unless expressly stated in a separate written agreement, purchasing or using a digital product does not create a personal-training, coaching, medical, fiduciary, professional-services, or other ongoing advisory relationship between you and HW Strong.

3. Fitness, Health, and Medical Disclaimer

Information and recommendations contained in our services are not a substitute for professional medical advice or individualized care from a qualified healthcare professional.

Exercise and changes in physical activity involve inherent risks, including injury, illness, aggravation of pre-existing conditions, and, in rare cases, serious medical events.

Before beginning any exercise, nutrition, or lifestyle program, you should consult an appropriately qualified healthcare professional where appropriate, particularly if you have an injury, medical condition, disability, symptoms, medication-related concerns, or any reason to believe exercise may present an elevated risk.

Stop exercising and seek appropriate medical attention if you experience concerning symptoms including chest pain, loss of consciousness, severe shortness of breath, unusual dizziness, or other symptoms that may require medical evaluation.

You are solely responsible for determining whether an exercise, program, recommendation, or activity is appropriate for you.

4. Assessments and Personalized Reports

Some HW Strong products use assessments or questionnaires to create personalized reports or recommendations.

These outputs depend on the completeness and accuracy of the information you provide. They may involve rules-based, algorithmic, automated, or software-assisted processing.

Personalized does not mean medically individualized. Assessment results are intended to provide fitness and educational guidance, not medical diagnosis or clinical evaluation.

You should use reasonable judgment when implementing any recommendation and modify or discontinue activities that are inappropriate, painful, unsafe, or inconsistent with professional healthcare advice you have received.

5. Information You Provide

You agree that information submitted during checkout, assessments, forms, or other interactions with HW Strong will be accurate to the best of your knowledge.

You are responsible for maintaining access to the email address used during checkout because digital products, reports, purchase confirmations, and related communications may be delivered to that address.

Our collection and handling of personal information is described separately in our Privacy Policy.

6. Purchases and Payment

Prices are shown at checkout and may change at any time before purchase.

Payments may be processed by third-party payment processors such as Stripe. We do not necessarily receive or store your complete payment-card information.

By completing a purchase, you authorize the applicable payment processor to charge the amount shown at checkout, including any applicable taxes or fees disclosed before purchase.

You represent that you are authorized to use the payment method submitted.

7. Digital Products, Refunds, and Payment Disputes

HW Strong primarily sells digital, downloadable, personalized, and electronically delivered products. Because these products may be generated, delivered, accessed, downloaded, or substantially performed immediately after purchase, all sales are final except where a refund is expressly offered at checkout or required by applicable law.

You are responsible for reviewing the product description, price, and applicable terms before completing your purchase.

Failure to use, implement, read, download, or complete a purchased product does not create a right to a refund.

If a genuine technical failure prevents delivery of a product you purchased, you agree to contact us and allow a reasonable opportunity to correct the delivery issue before initiating a payment dispute.

You agree not to initiate a fraudulent, misleading, or abusive chargeback or payment dispute for a product that was properly purchased and delivered.

We reserve the right to provide transaction, access, delivery, assessment, and other relevant records to the applicable payment processor or financial institution in response to a disputed transaction.

Nothing in this section limits any consumer right that cannot legally be waived.

8. Delivery of Digital Products

Products may be delivered by email, website download, secure link, hosted web page, PDF, or another digital delivery method.

Automated reports may require processing by multiple software providers or infrastructure services. Although we aim to deliver products promptly, temporary technical delays or failures can occur.

You are responsible for providing a valid email address and for checking spam, promotions, filtering, and security settings that may affect delivery.

9. Intellectual Property and Your License

Unless otherwise stated, all HW Strong materials—including assessments, reports, programming systems, written content, training plans, designs, graphics, scoring systems, frameworks, software interfaces, downloadable files, and related materials—are owned by or licensed to HW Strong and are protected by applicable intellectual-property laws.

When you purchase a digital product, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use that product for your own personal use.

You may not, without our written permission:

• Resell or redistribute our products;
• Upload purchased materials to public file-sharing services;
• Provide paid or systematic access to our materials to others;
• Copy substantial portions of our products for commercial use;
• Remove copyright, trademark, or ownership notices;
• Present our materials or systems as your own;
• Use our materials to create a competing commercial product or service;
• Scrape, systematically extract, reproduce, reverse engineer, or replicate assessment logic, report systems, scoring methodologies, or proprietary content.

Purchasing a product does not transfer ownership of the underlying intellectual property.

10. Acceptable Use

You may not use our websites or services to:

• Violate applicable law or regulation;
• Attempt unauthorized access to systems, accounts, or data;
• Disrupt, overload, probe, or interfere with our infrastructure;
• Circumvent security controls, payment systems, or access restrictions;
• Introduce malware, malicious code, or automated abuse;
• Fraudulently obtain products;
• Misrepresent your identity in connection with a transaction;
• Use automated systems to harvest proprietary content without authorization.

We may restrict or terminate access where we reasonably believe these Terms have been violated.

11. Email and Electronic Communications

By providing your email address in connection with a purchase, assessment, or signup, you consent to receive transactional communications necessary to provide the requested service, including receipts, report delivery, access links, and service notices.

Where permitted by law and based on the permissions you provide, we may also send educational, product, or promotional emails.

Promotional emails will include a method to unsubscribe where required by applicable law.

Unsubscribing from promotional communications does not prevent us from sending transactional or service-related communications necessary to complete purchases, deliver requested products, address security issues, or administer your relationship with us.

12. Third-Party Services

HW Strong may rely on third-party providers for payment processing, website hosting, cloud storage, email delivery, report generation, analytics, security, and other technical infrastructure.

Your interaction with certain third-party services may also be subject to the applicable provider's terms and privacy practices.

We are not responsible for outages, interruptions, security events, policy changes, or other acts or omissions of independent third-party providers except to the extent responsibility cannot legally be excluded.

13. No Guarantee of Results

Individual fitness results vary significantly.

Results may depend on genetics, health, consistency, training history, nutrition, sleep, recovery, adherence, environment, equipment, technique, and circumstances outside our control.

We do not guarantee any particular change in Strong, body composition, muscle growth, appearance, body weight, athletic performance, health, or any other outcome.

Testimonials, examples, illustrations, case studies, or discussions of potential results do not constitute promises or guarantees that you will achieve the same outcome.

14. Assumption of Risk and Release

You understand that physical exercise, resistance training, cardiovascular training, changes in activity level, and related fitness activities involve inherent risks.

Such risks may include, without limitation, muscle strains, sprains, fractures, falls, equipment-related injuries, cardiovascular events, aggravation of existing injuries or medical conditions, illness, disability, and other serious physical injury.

By choosing to participate in activities described or discussed in HW Strong materials, you voluntarily assume the ordinary and inherent risks associated with those activities.

You are responsible for selecting appropriate exercises, loads, equipment, environments, ranges of motion, levels of exertion, and modifications based on your own capabilities and circumstances.

To the fullest extent permitted by applicable law, you release and agree not to hold HW Strong, its owners, employees, contractors, affiliates, and agents liable for injuries or losses arising from risks inherent in voluntary participation in exercise or fitness activities, except to the extent liability cannot legally be waived or released.

This release does not waive liability for gross negligence, reckless misconduct, intentional misconduct, or any other liability that applicable law does not permit to be waived.

15. Disclaimer of Warranties and Limitation of Liability

To the maximum extent permitted by applicable law, HW Strong products, websites, reports, assessments, materials, and services are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise.

To the maximum extent permitted by law, HW Strong disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that our services will be uninterrupted, error-free, completely secure, compatible with every device or platform, or that any particular fitness, appearance, health, Strong, body-composition, or performance result will occur.

To the maximum extent permitted by law, HW Strong and its owners, employees, contractors, affiliates, agents, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost opportunities, loss of data, business interruption, or similar losses arising from or relating to the services or products.

To the maximum extent permitted by applicable law, the total aggregate liability of HW Strong arising out of or relating to any particular product, transaction, or service will not exceed the amount actually paid by you to HW Strong for the product or service giving rise to the claim.

Some jurisdictions do not permit certain warranty disclaimers, exclusions, or limitations of liability. In those jurisdictions, these provisions apply only to the fullest extent permitted by law.

16. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless HW Strong and its owners, employees, contractors, affiliates, agents, successors, and service providers from and against third-party claims, liabilities, losses, damages, judgments, costs, and reasonable attorneys' fees arising from or relating to:

• Your unlawful or unauthorized use of the services;
• Your material violation of these Terms;
• Your infringement or violation of another person's rights;
• Content or information you submit in violation of law or another person's rights;
• Your misuse, unauthorized redistribution, or commercial exploitation of HW Strong materials.

17. Governing Law, Arbitration, and Dispute Resolution

These Terms and any dispute arising out of or relating to these Terms, the HW Strong services, or any product or transaction will be governed by the laws of the State of California, without regard to its conflict-of-laws principles, except where federal law or non-waivable consumer law applies.

Informal Resolution First

Before initiating arbitration or court proceedings, you agree to provide written notice describing the dispute and to make a good-faith effort to resolve it informally.

The parties will have thirty (30) days after receipt of the notice to attempt to resolve the dispute before either party initiates formal proceedings, unless immediate relief is reasonably necessary.

Binding Individual Arbitration

Except for claims that qualify for small claims court or claims seeking injunctive or equitable relief relating to unauthorized use, misappropriation, or infringement of intellectual property, any dispute, claim, or controversy arising out of or relating to these Terms, the services, a purchase, or the relationship between you and HW Strong will be resolved by final and binding individual arbitration rather than in court.

The arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules and Procedures then in effect, except where the JAMS Consumer Arbitration Minimum Standards or other applicable JAMS consumer rules are required to apply.

The arbitrator will have authority to resolve disputes concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that any dispute concerning the enforceability of the Class Action Waiver below will be decided by a court of competent jurisdiction to the extent required by applicable law.

Arbitration may be conducted remotely, by telephone, by video conference, on written submissions, or in person as permitted by the applicable JAMS rules and applicable law.

Any in-person arbitration will take place in California unless the parties agree otherwise or applicable law or the applicable JAMS rules give the consumer the right to select another location.

Payment of filing, administration, and arbitrator fees will be governed by the applicable JAMS rules, the JAMS Consumer Arbitration Minimum Standards, and applicable law.

The arbitrator may award any individual remedy or relief that would otherwise be available in a court of competent jurisdiction, subject to these Terms and applicable law. Judgment on the arbitration award may be entered in any court having jurisdiction.

Class Action Waiver

To the fullest extent permitted by applicable law, you and HW Strong agree that each party may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, coordinated, mass, or representative action or proceeding.

Except where applicable law requires otherwise, the arbitrator may not consolidate the claims of more than one person and may not otherwise preside over any form of class, collective, mass, consolidated, or representative proceeding.

Jury Trial Waiver

To the extent a dispute is permitted to proceed in court rather than arbitration, you and HW Strong knowingly and voluntarily waive any right to a trial by jury to the fullest extent permitted by applicable law.

Small Claims

Either party may bring an individual claim in small claims court if the claim qualifies and remains within that court's jurisdiction.

Intellectual Property and Injunctive Relief

Nothing in this section prevents HW Strong from seeking temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction to prevent unauthorized access, copying, redistribution, infringement, misappropriation, or misuse of intellectual property, confidential systems, or proprietary materials.

Severability of Arbitration Terms

If any portion of this arbitration agreement or class-action waiver is held unenforceable, that portion will be severed or limited to the minimum extent necessary, and the remaining provisions will continue in effect except where applicable law requires otherwise.

18. Changes to These Terms

We may update these Terms from time to time to reflect changes to our services, business practices, legal requirements, technology, or security practices.

When we make changes, we may update the effective date displayed at the top of this page.

Updated Terms apply prospectively from their effective date unless applicable law permits or requires otherwise.

19. Severability, Waiver, and Entire Agreement

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

A failure by HW Strong to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

These Terms, together with our Privacy Policy and any product-specific terms presented at checkout or purchase, constitute the entire agreement between you and HW Strong regarding the applicable services and supersede prior or contemporaneous understandings concerning those services.

20. Contact

Questions, legal notices, or concerns relating to these Terms may be sent using the contact information published on the HW Strong website.