Terms & Conditions

TERMS OF SERVICE

These “Terms and Conditions of Service” apply to all persons (whether natural persons or organizations) who purchase products or use services made available by Shaw Strength Enterprises, LLC or one or more of its subsidiaries or affiliates (“Shaw,” “we,” “us,” or “our”) on the website currently located at https://shawstrength.com (including any sub-domains, subpages, directories, or mobile versions of the website) or on any related mobile applications or online services, including the Shaw Elite App (collectively the “Website”). By registering on the Website, purchasing products from the Website, or using services made available on the Website, you are agreeing to the terms and conditions set forth below (the “Agreement”).

We make various services available on the Website, including a library of exercises and workout videos, use of the Shaw Elite App (a strength networking platform made available to subscribing members), blogs with personal experiences and suggestions, a forum for member interaction, and a store that sells attire, supportive gear, workout templates, meal plans, dietary supplements, and additional miscellaneous items. Fees for the various products and services offered through the Website are set forth on the Website. You are solely responsible for providing, at your own expense, all equipment necessary to use the services.

In addition, all persons who access or use the Website are subject to the terms and conditions of our Privacy Policy (the terms of which are available on our Website). Indeed, the terms and conditions of the Privacy Policy are incorporated herein. Except as otherwise indicated below, to the extent the terms of the Privacy Policy conflict with the terms of this Agreement, the terms of this Agreement control.

1. Payment of Fees. Certain features and services offered on the Website are available only if you register and pay the associated fees. (For example, the Shaw Elite App includes some content that may be accessed without a paid subscription and other content that may be accessed only with a paid subscription.) Registration will require you to set up a password-protected account through an online registration form, which requests certain information. If you subscribe to a service offered through the Website that requires payment of a fee, you agree to pay all fees associated with such service. Recurring charges are billed in advance of service. Purchase options and associated fees for all services are listed on the Website. All fees are subject to change at any time and without notice, at our discretion. At the time of registration, you agree to pay the monthly subscription fee (as applicable) and any applicable taxes associated therewith. You may cancel your membership at any time. To avoid additional charges, however, you must cancel your monthly subscription prior to the start of the next billing cycle. A failure to pay constitutes a breach of this Agreement. Membership fees are non-refundable; Shaw does not provide refunds for monthly subscription charges. You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.
   
   2. Scope and Conditions of License. In exchange for (1) your registration on the Website or your paid subscription for services (or both) and (2) your agreement to be bound by the terms of this Agreement, Shaw grants to you a nontransferable, limited, nonexclusive license to use the Website on any device, although the extent of your access to the content of the Website may vary depending on your subscription. The terms and conditions set forth in this Agreement will govern any content, materials, or services provided by Shaw in connection with services offered via the Website, paid or unpaid, as well as upgrades provided by Shaw (although this Agreement does not replace or supersede the terms and conditions set forth in the Privacy Policy). You may not transfer, redistribute, or sublicense the Website or any content on the Website. You may not copy or use (except as permitted by the limited license granted herein), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, any updates, or any part thereof (except as and only to the extent that any of foregoing restrictions is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Website). You acknowledge and agree that the Website is constantly evolving and that Shaw may, at its sole discretion, add, remove, or modify the Website for any reason and at any time, without prior notice.
2. Additional Payment Policies. Your monthly subscription fees (and any other Website purchases) are payable to Shaw through our third-party payment processor, Stripe. By placing an order on our Website, you represent that you have read and agree to Shaw’s Privacy Policy and these Terms and Conditions of Service. You understand that you will be liable for payment of the monthly subscription or for any product that is shipped to you.

When you make a payment, we will transfer you to a secure network provided by Stripe through which all transactions are processed. We do not retain any of your payment information. You agree to provide accurate purchase information so that we (and Stripe) can complete your purchase. By providing us, or Stripe, with a payment method, you (i) represent that you have authorized us to use that payment method; (ii) represent that any payment information you provide is true and accurate; and (iii) authorize us to charge you by using your selected payment method. Unless otherwise provided by law or pursuant to our Return and Exchange Policy (below), all purchases are final and non-refundable.

We reserve the right to refuse any order you place with us. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address, or phone number provided at the time the order was made. You agree to provide current, complete, and accurate purchase information for all purchases made through our Website. If your purchase information changes prior to the processing and receipt of your order, please contact us using the Contact Us details below.

4. Your Use of the Website. In addition to the terms and conditions set forth in our Privacy Policy (which are incorporated here by reference), the following terms and conditions also apply to your use of the Website. You may use and access the Website only in accordance with these Terms. The Website is provided to you as a convenience and for your information only. Shaw does not warrant or represent that: (i) any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the Website (collectively, the “Website Content”) is accurate or complete; (ii) the Website Content is up-to-date or current; (iii) Shaw has any obligation to update any Website Content; (iv) the Website Content is free from technical inaccuracies or programming or typographical errors; (v) the Website Content is free from changes caused by a third party; (vi) your access to the Website will be free from interruptions, errors, computer viruses, or other harmful components; and (vii) any information obtained in response to questions asked through the Website is accurate or complete. Your use of the Website is solely at your own risk.

You may not use the Website: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation or functionality of any aspect of the Website; (vi) to attempt to gain unauthorized access to or impair any aspect of the Website or the related systems, servers, or networks; (vii) for resale, time-sharing, or other similar purposes; (viii) to stalk, harass, or harm another individual; (ix) to impersonate any person or entity or to otherwise misrepresent your affiliation with any person or entity; (x) to use any portion of the Website or any Website Content in any manner that may give a false or misleading impression, attribution, or statement as to us or any other person or entity; or (xi) to decompile, reverse engineer, jeopardize the correct functioning of the Website, or disassemble the Website, or otherwise attempt to derive the source code of the software that enables or underlies the Website, except as may be permitted by applicable law. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.

Shaw reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Shaw will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website. 

5. Your Registration Obligation. As indicated above, you will be required to register with Shaw in order to access and use certain features of the Website, by providing certain information (“Registration Information”) and by agreeing to the applicable payment terms. If you choose to register, you agree, represent, and warrant that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering an account. If any of your Registration Information changes, you must promptly update it. We shall have no liability associated with or arising from your failure to maintain accurate, complete, or up-to-date Registration Information. We are not responsible for verifying your Registration Information.
6. Website Ordering. Shaw products offered for sale on the Website are available while supplies last. These products have limited quantities and are subject to return or exchange only according to our Return and Exchange Policy below. Shaw makes every effort to display as accurately as possible the colors and images of our products. The images and photographs are meant to assist you and are for informational purposes only. Shaw reserves the right, in our sole discretion, to change or discontinue any product. Shaw further reserves the right, but is not obligated, to limit the sales of our products to any person, by any quantity, and to any geographic region or jurisdiction. All descriptions of products or product pricing are subject to change at any time, without notice, at our sole discretion. Any offer for any product made on our Website is void where prohibited. We do not warrant that the quality of any product purchased or obtained by you will meet your expectations.
7. Return and Exchange Policy. As indicated above, Shaw does not refund monthly subscription fees. Items purchased from the Website, however, may be returned within thirty (30) days of purchase if unworn and in the original packaging. To initiate a return, please send back the item as directed on your invoice with a note indicating the reason for your return and your request for a refund. Refunds will not include shipping charges. All refunds will be given on the original purchase card.
8. Shipping Terms. The accuracy of your shipping address must be confirmed before you submit your purchase. Incorrect or partial addresses could result in delays or lost shipments. Shaw is not responsible for purchases lost due to incorrect or partial addresses. Shaw is also not responsible for shipping delays caused by carriers. You are responsible for all shipping costs, taxes, or other obligations or costs relating to the delivery of your purchase. 
9. User-Provided Website Content. The Website permits the submission of content, including reviews, feedback, questions, comments, and suggestions (“User Website Content”). You hereby grant (and you represent and warrant that you have the right to grant) to Shaw an irrevocable, non-exclusive, royalty-free, and fully-paid license to reproduce, distribute, publicly display, and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Website Content. You assume all risks associated with your User Website Content and shall be solely responsible for the User Website Content and the consequences of submitting it. Shaw cannot and does not guarantee any confidentiality with respect to any User Website Content.  

In submitting your User Website Content, such User Website Content may not include the following topics: politics, drugs, religion, sex, and any topic that may harass, insult, harm, slander, intimidate, or discriminate against other users of the Website. If you submit User Website Content that includes any such topic, Shaw reserves the right, in its sole discretion, to terminate your access to the Website effective immediately with no refund to you. 

10. Medical Disclaimer. The Website does not contain or constitute, and should not be interpreted as, medical advice or opinion. You are responsible for ensuring that you are capable of safely using the Website, following or abiding by any of the Website Content, or using any product purchased on the Website. You should consult a medical professional before using the Website or any product purchased thereon. You assume all risks of injury and any health-related issue. No product available on the Website is intended to diagnose, treat, cure, or prevent any disease.
11. No Warranties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE PRODUCTS THEREON ARE AT YOUR SOLE RISK. THE WEBSITE, WEBSITE CONTENT, AND USER WEBSITE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO WARRANTY THAT WEBSITE OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, IS OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. TO THE EXTENT THE DISCLAIMER-OF-WARRANTIES PROVISION IN OUR PRIVACY POLICY IS BROADER THAN THE PROVISIONS SET FORTH IN THIS PARAGRAPH, THE DISCLAIMER-OF-WARRANTIES PROVISION IN OUR PRIVACY POLICY WILL SUPPLEMENT AND ADD TO THE PROVISIONS SET FORTH IN THIS PARAGRAPH.
12. Indemnification. You agree to defend, indemnify, and hold harmless Shaw and Shaw’s employees, service providers, clients, affiliates, subsidiaries, parents, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your use of the Website, Website Content, or User Website Content; (ii) your failure to comply with these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; (iv) any dispute between you and a third party; and (v) your willful misconduct. 
13. Limitation of Liability. You agree that by using, accessing, or relying on the Website or the Website Content or the User Website Content, or by registering on the Website or subscribing to paid-for services available on the Website, you are doing so at your own and sole risk. To the fullest extent permitted by applicable law, in no event shall Shaw, its subsidiaries, affiliates, officers, owners, managers, employees, agents, suppliers, vendors, and licensors be liable for any damages whatsoever (including, without limitation, punitive or exemplary damages, compensatory damages, consequential damages, special damages, incidental damages, and damages for loss of profits or revenue, business interruption, loss of information, loss of goodwill, injury, or death), however caused, under any theory of liability, including contract, tort, warranty, negligence, statutory, or otherwise, arising out of or relating to the use of or inability to use the content or materials on the Website or the User Website Content or for inaccuracies or errors in or omissions from the Website or for delays, errors, or interruptions in the transmission or delivery of the Website or Website Content or for loss or damage arising therefrom or occasioned thereby or by any reason of nonperformance, even if Shaw has been advised in advance of the possibility of such loss or damages. If a court of law finds or concludes the foregoing provision to be unenforceable for any reason, then to the fullest extent permitted by applicable law, Shaw’s maximum aggregate liability and that of its subsidiaries, affiliates, officers, owners, managers, employees, agents, suppliers, vendors, or licensors, to you for any cause of action whatsoever arising out of or relating to the use of or inability to use the content or materials on the Website or the User Website Content, and regardless of the form of the action, will be limited to the amount you paid us for services on the Website during the one-month period before the act giving rise to the liability. The limitation-of-liability provisions in this paragraph will apply regardless of a failure of the essential purpose of any other remedy. You acknowledge and agree that the above provisions relating to limitation of liability fairly allocate the risk between you and us, and that without these provisions, we would not have entered into this Agreement.
14. Intellectual Property. The Website and Website Content are owned and controlled by Shaw. We expressly reserve all of our intellectual property rights in and to the Website and Website Content. No portion of the Website or the Website Content may be reproduced in any form or by any means, except as provided elsewhere in this Agreement. We are the owner of the Shaw trademarks, service marks, and logos used and displayed on the Website. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Shaw’s trademarks, service marks, or copyrights without our prior written permission. You may copy or print a single copy of any page from one of our Website for non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends, or other proprietary notices from any portion of our Website; or (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit our Website or Website Content except as expressly permitted by Shaw. Any violation of the provisions in this paragraph shall result in your immediate removal and exclusion from the Website without refund.
15. Copyright. If you believe that content on the Website is unlawfully infringing copyrighted material(s) and you wish to have the allegedly infringing material(s) removed, you must provide us the following information in the form of a notification pursuant to the Digital Millennium Copyright Act (DMCA): 

• Identification of the copyrighted work(s) claimed to have been infringed;
• Identification of the supposedly infringing material that is to be removed;
• Information reasonably sufficient to permit us to locate the material on the Website;
• Your address, telephone number, or email address;
• A statement that you have a good-faith belief that use of the material is in fact infringing or not authorized by the copyright owner, its agent, or the law;
• A statement that, under penalty of perjury, the information in the notification is accurate and, if relevant, that you are authorized to act on behalf of the copyright owner; and
• Your physical or electronic signature. 

The notification must be submitted to our Copyright Agent at: kerishaw44@gmail.com.

A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide to our Copyright Agent a written communication containing the following:

• Identification of the supposedly infringing material that is to be removed;
• A statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that You will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
• The signature, physical or electronic, of you or a person authorized to act on your behalf.

We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification, and inform the complaining party that we restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, the materials will remain removed or disabled. Before filing a copyright notification with us, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorney fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, we advise you to seek legal counsel before taking action.

16. Errors, Inaccuracies, and Omissions. Occasionally Website Content may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel enrollments if any information on the Website is inaccurate at any time and without prior notice. We undertake no obligation to update, amend, or clarify information on the Website or on any related website, including pricing information, except as required by law.
17. Governing Law and Dispute Resolution. This Agreement shall be governed by and interpreted in accordance with the laws of Colorado, without regard to its principles regarding conflicts of law or your state or country of residence. You and Shaw agree that any and all claims, legal proceedings, or litigation arising out of or in connection with your use of or access to the Website or Website Content or User Website Content or in any way arising out of or in connection with this Agreement will be brought exclusively in Colorado District Court (i.e., Colorado state court) in and for Weld County, Colorado. You and Shaw hereby irrevocably submit to, and waive any objection to, the jurisdiction of such court. Any cause of action or claim you may have arising out of or relating to this Agreement or your use of or access to the Website or Website Content or User Website Content must be commenced within one year after the cause of action accrues; otherwise, such cause of action or claim will be permanently barred.
18. Headings for Convenience Only. The use of headings in this Agreement is for convenience only, and, as such, the headings are not to be used to construe or interpret the meaning of this Agreement.
19. Termination of Service. We may suspend or terminate your right to access the Website, at any time, without notice, for conduct that we believe (in our sole discretion) violates the terms of this Agreement or that we believe (in our sole discretion) is harmful to other users of the Website, to Shaw, to the business of our internet service provider, or for any other reason or no reason at all, in our sole discretion.
20. Age Restrictions. You affirm that you are at least eighteen (18) years of age, or an emancipated minor, and are fully able and competent to enter into this Agreement and to abide by and comply with the same. 
21. Privacy. You understand and acknowledge that, in accordance with Shaw’s Privacy Policy (available on our Website), we collect and use personal information about you when you access and use the Website, and you agree to our collection and use of such information pursuant to the Privacy Policy.
22. Electronic Communications. By using the Website, you consent to receive electronic communications from Shaw unless you follow applicable opt-out procedures. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, whether via email or by posting the same on our Website, satisfy any legal requirement that such communication be in writing.
23. Third-Party Links and Content. The Website may include links and Website content provided by third parties (“Third-Party Website Content”). Third-Party Website Content is provided for your convenience and information only. Third-Party Website Content is not under our control and Shaw is not responsible for the content of any Third-Party Website Content. The inclusion of Third-Party Website Content does not imply endorsement, affiliation, partnership, or sponsorship by Shaw. Use of or reliance on any Third-Party Website Content is at your own risk.
24. Foreign Laws. Shaw makes no representation that the Website or Website Content or User Website Content is appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own initiative and at your own risk and are solely responsible for compliance with all applicable laws. Shaw disavows any representation, express or implied, that the Website or Website Content or User Website Content is compliant with the laws of any foreign jurisdiction.
25. Security and Password. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made, and acts or omissions that occur through, the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
26. Export Restrictions.The Website or Website Content may be subject to U.S. export-control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from the Website or Website Content, or any products utilizing such data, in violation of U.S. export laws or regulations.
27. Severability. In the event that any provision of this Agreement is determined to be unlawful, void, or enforceable by a court of competent jurisdiction, all remaining provisions shall remain in full force and effect, to the greatest extent permitted by law.
28. Changes To These Terms. Shaw may revise the terms of this Agreement, the Website, or the Website Content—and may stop providing the Website or Website Content altogether—at any time and without notice to you. We encourage you to review the terms of this Agreement (as posted on our Website) frequently; the date of the most recent revision to these terms appears at the end of this Agreement. Your continued access or use of the Website after such posting constitutes your consent to be bound by the modified terms.
29. Entire Agreement; Miscellaneous. The terms and conditions set forth in this Agreement, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Shaw with respect to the subject matter of this Agreement and supersede all prior or contemporaneous communications, understandings, agreements, and proposals with respect to the same. This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this Agreement or to enter an order for products or services which are subject to additional or altered terms or conditions shall be null and void, unless otherwise agreed to in a separate written agreement signed by you and us. To the extent that anything in, on, or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall control. You may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, at any time. We may freely assign our rights and obligations under this Agreement. Our failure to enforce any of the provisions of this Agreement or to exercise any rights or remedies under the same will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right, or remedy in that or any other instance.
30. Contact. If you have any questions about the terms of this Agreement, please contact us at info@shawstrength.com. 

Effective as of December 10, 2024