Terms and Conditions

Truist Life Sciences LLC, doing business as The Collection

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND TRUIST LIFE SCIENCES LLC.

SECTION 20 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY, AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THESE PROVISIONS AFFECT HOW DISPUTES BETWEEN US ARE RESOLVED. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS BY FOLLOWING THE PROCEDURE IN SECTION 20.9. OPTING OUT WILL NOT AFFECT ANY OTHER PART OF YOUR RELATIONSHIP WITH US. SECTION 6 DESCRIBES A SUBSCRIPTION THAT RENEWS AUTOMATICALLY AND CHARGES YOUR PAYMENT METHOD ON A RECURRING BASIS UNTIL YOU CANCEL. SECTION 6.7 EXPLAINS HOW TO CANCEL.

SECTION 3.3 EXPLAINS OUR AGE REQUIREMENTS AND THE STATE LAWS THAT RESTRICT SALES OF CERTAIN DIETARY SUPPLEMENTS TO PERSONS UNDER 18.

SECTION 11 CONTAINS IMPORTANT HEALTH AND SAFETY DISCLAIMERS ABOUT DIETARY SUPPLEMENTS. SECTIONS 17 AND 18 LIMIT OUR LIABILITY TO YOU, EXCEPT AS TO CLAIMS FOR PERSONAL INJURY AND PRODUCT LIABILITY, WHICH ARE NOT CAPPED.

NOTHING IN THESE TERMS RESTRICTS YOUR RIGHT TO PUBLISH AN HONEST REVIEW OF US OR OUR PRODUCTS, OR WAIVES ANY NON-WAIVABLE RIGHT YOU HAVE UNDER THE CONSUMER PROTECTION LAW OF YOUR STATE.

Contents

1 Agreement to These Terms · 2 Definitions · 3 Eligibility, Age Requirements, and Restricted Sales · 4 Your Account · 5 Products, Orders, Pricing, and Availability · 6 The Subscription Program and Automatic Renewal · 7 Payment, Taxes, Failed Payments, and Chargebacks · 8 Shipping, Delivery, Title, Risk of Loss, and Shipment Timing · 9 Returns, Refunds, and Our Satisfaction Policy · 10 Promotions, Discount Codes, Referrals, Gift Purchases, and Account Credits · 11 Dietary Supplement Disclaimers and Health and Safety Notices · 12 The Member Portal, AI Features, and Educational Content · 13 User Content, Reviews, and Testimonials · 14 Intellectual Property and Limited License · 15 Prohibited Conduct · 16 Third-Party Services, Links, and Creator Partners · 17 Disclaimer of Warranties · 18 Limitation of Liability · 19 Indemnification · 20 Dispute Resolution, Arbitration Agreement, and Class Action Waiver · 21 Governing Law and Venue · 22 Electronic Communications · 23 Copyright Complaints · 24 Accessibility · 25 Force Majeure · 26 Term, Suspension, and Termination · 27 Changes to These Terms · 28 General Provisions · 29 How to Contact Us

1. Agreement to These Terms

1.1 These Terms and Conditions (the "Terms") are a binding agreement between you and Truist Life Sciences LLC, a South Carolina limited liability company doing business as The Collection ("The Collection," "we," "us," or "our"). They govern your access to and use of the Services and every purchase you make from us.

1.2 You accept these Terms by clicking a button or checking a box that indicates acceptance, by creating an account, by placing an order, by enrolling in a subscription, or by otherwise using the Services. If you do not agree to these Terms, do not use the Services and do not place an order.

1.3 We maintain a record of the version of these Terms in effect when you accepted them, the date and time of your acceptance, and the manner in which acceptance was given. We maintain the same record for visitors who accept these Terms through our cookie banner or preference center. A copy is available on request at support@thecollectionhealth.com.

1.4 Our Privacy Policy, available at thecollectionhealth.com/privacy, is incorporated into these Terms by reference and explains how we handle personal information. Any shipping policy, return policy, promotional terms, or program rules that we publish and that reference these Terms are also incorporated by reference.

1.5 If you accept these Terms on behalf of a company or other organization, you represent that you have authority to bind that entity, and "you" refers to that entity.

2. Definitions

  • "Content" means all text, graphics, images, photographs, video, audio, data, software, educational material, product descriptions, ingredient and clinical summaries, AI outputs, and other material made available through the Services.
  • "Member Portal" means the authenticated area of the Services available to account holders and Subscribers.
  • "Products" means the dietary supplements and other goods we offer for sale.
  • "Subscriber" means a person enrolled in the Subscription Program.
  • "Subscription Program" means our recurring supplement subscription described in Section 6.
  • "User Content" means anything you submit, post, or transmit through the Services, including reviews, ratings, photographs, questions, survey responses, and communications with us.

3. Eligibility, Age Requirements, and Restricted Sales

3.1 You must be at least 18 years old and capable of forming a binding contract to create an account, place an order, or enroll in the Subscription Program. By using the Services you represent and warrant that you meet these requirements.

If you are a parent or legal guardian and you permit a person under 18 to use the Services, you accept these Terms on that person's behalf and on your own, you are responsible for all activity conducted through your account, and you agree that Section 20 binds both of you.

3.2 The Services are intended for use in the United States. We do not represent that the Products or Content are appropriate or available for use in any other jurisdiction. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local law, including any law restricting the importation of dietary supplements.

3.3 State Age Restrictions on Certain Dietary Supplements

Certain states restrict the sale of dietary supplements that are labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building to persons under eighteen years of age, and impose specific verification requirements on sellers who make delivery sales into those states. New York General Business Law Section 391-oo is one such law. Other states have enacted or are considering comparable requirements.

We do not label, market, or represent any Product for the purpose of achieving weight loss or muscle building. We review our Product labels, Product detail pages, educational content, and partner and creator materials against these standards, and we maintain a record of that review. On that basis, we do not believe that any Product we currently offer is subject to a restriction of this kind.

You must be at least eighteen years old to purchase any Product from us. You represent and warrant that you are at least eighteen years old and that every representation you make about your age is true.

If a Product we offer is or becomes subject to a state age restriction of this kind and is being shipped to an address in a state that imposes one, we will not complete the sale unless the verification method required by that state's law has been satisfied. For delivery sales into New York of a Product covered by Section 391-oo, that means we would ship only by a method that requires the purchaser or another adult at least eighteen years of age to sign to accept delivery at the delivery address, and that requires the person who signs to present valid government-issued photographic identification showing that they are at least eighteen years of age. We may also apply an electronic age verification check before accepting the order. Because most carriers offer adult signature service only at a twenty-one year threshold, the person accepting delivery may be asked to present identification showing that they are at least twenty-one years of age.

If verification cannot be completed, or if delivery cannot be completed because no qualifying adult is available to sign and present identification, we may cancel the order and will refund you in full without further liability. We may decline to ship any Product to any address or state, may cancel any order we cannot verify, and may cancel any order placed in violation of this Section, in each case without liability.

We use information collected for age verification solely for that purpose. We do not use it for marketing, advertising, or any other data collection purpose, and we do not retain it longer than the period required to document compliance.

3.4 You may not purchase Products for resale, wholesale, or commercial redistribution without our prior written consent. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors, to refuse or cancel any order, and to limit quantities per person, per household, or per order.

3.5 We may refuse service, close accounts, and cancel orders at our discretion where we reasonably believe there has been a violation of these Terms, fraud, abuse, or a violation of law.

4. Your Account

4.1 You must provide accurate, current, and complete information when you register and must keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account, whether or not authorized by you.

4.2 Notify us immediately at support@thecollectionhealth.com if you learn of any unauthorized use of your account or any other breach of security. We are not liable for losses arising from unauthorized use of your account that occur before you notify us, except to the extent caused by our failure to maintain reasonable security.

4.3 One account per person. Accounts are personal to you and may not be sold, transferred, or shared.

4.4 You may close your account at any time by contacting customer service. Closing your account does not cancel an active subscription; see Section 6.7. Closing your account does not relieve you of obligations incurred before closure.

5. Products, Orders, Pricing, and Availability

5.1 Orders are offers. Your submission of a one-time order is an offer to purchase. No contract of sale for that order is formed until we accept it, which occurs when we send a shipping confirmation. An order confirmation acknowledging receipt is not acceptance. We may accept an order in whole or in part.

Subscriptions are different. When you enroll in the Subscription Program, a contract is formed at the moment we accept your enrollment and send the acknowledgment described in Section 6.2, which is before any Product is shipped. Each recurring charge is made under that existing contract, not as acceptance of a new offer. This Section 5.1 does not limit our obligations under Section 6 or under Section 8.7.

5.2 Product descriptions and images. We work to describe our Products accurately. Product images, packaging, colors, and label designs are for illustration and may differ from the Product delivered. Formulations, flavors, ingredient sourcing, and labeling are subject to change, and the label on the Product you receive controls. Always read the label before use.

5.3 Pricing. All prices are in United States dollars and exclude taxes and shipping unless stated otherwise. Other than taxes and shipping, no mandatory fee is added to the price displayed to you. Prices are subject to change without notice, except that a change to your recurring subscription price is governed by Section 6.6.

5.4 Errors. Despite our efforts, the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to price, description, availability, or promotional terms. We reserve the right to correct any error and to cancel or refuse any order placed at an incorrect price, even after the order has been confirmed and your payment method charged. If we cancel an order for this reason after charging you, we will issue a full refund to the original payment method and will notify you.

5.5 Availability. All Products are subject to availability. If a Product you ordered or selected for a subscription shipment becomes unavailable, we will notify you and offer a substitution, an account credit governed by Section 10.5, or a refund for that item.

5.6 Third-party manufacture. Our Products are manufactured for us by a third-party contract manufacturer operating a facility registered with the United States Food and Drug Administration and operating under current Good Manufacturing Practice regulations at 21 C.F.R. Part 111. The manufacturer and the distributor are identified on each Product label.

6. The Subscription Program and Automatic Renewal

AUTOMATIC RENEWAL DISCLOSURE. WHEN YOU ENROLL IN THE SUBSCRIPTION PROGRAM, YOUR SUBSCRIPTION CONTINUES AND YOUR PAYMENT METHOD IS AUTOMATICALLY CHARGED ON A RECURRING BASIS AT THE THEN-CURRENT RATE FOR YOUR PLAN, PLUS ANY APPLICABLE TAXES AND SHIPPING, UNTIL YOU CANCEL. THE LENGTH OF EACH RECURRING TERM, THE AMOUNT TO BE CHARGED, AND THE DATE OF EACH CHARGE ARE PRESENTED TO YOU BEFORE YOU COMPLETE ENROLLMENT AND ARE CONFIRMED IN WRITING AFTER YOU ENROLL. YOU MAY CANCEL AT ANY TIME, WITHOUT PENALTY AND WITHOUT SPEAKING TO ANYONE, USING THE ONLINE CANCELLATION LINK IN YOUR ACCOUNT. SEE SECTION 6.7.

6.1 Enrollment and Express Affirmative Consent

Before you are charged, we present the material terms of the Subscription Program in a clear and conspicuous disclosure that appears in visual proximity to the point of consent, separately from any other terms, and immediately before you submit your billing information. Those material terms are: that the subscription automatically renews; the recurring charge amount; the frequency and length of each recurring term; the date of the first charge and the date of subsequent charges; any deadline by which you must act to avoid a charge; and how to cancel. We obtain your express affirmative consent to the automatic renewal feature separately from your consent to any other term. We do not use pre-checked boxes. We retain a record of your consent, including the disclosure exactly as it was presented to you.

The disclosure presented to you at checkout controls. These Terms describe the Subscription Program generally. The specific automatic renewal disclosure shown to you in the checkout flow, and the acknowledgment we send under Section 6.2, state the actual terms of your subscription. Where they differ from this Section 6, the checkout disclosure and the acknowledgment control, and no term of these Terms operates to contradict, detract from, or undermine them.

6.2 Post-Enrollment Acknowledgment

Promptly after enrollment we send you an acknowledgment in a form you can retain, restating the automatic renewal terms, the cancellation policy, and the specific steps and contact information required to cancel.

6.3 Plans and Contents

At enrollment you select a plan and, where the plan allows it, the Products included in each shipment. Plan names, tiers, prices, included Product counts, and shipping benefits are as presented at the point of sale. You may change your Product selections through the Member Portal up to the cutoff date stated in your account, after which the change applies to the following shipment. We may add, modify, or discontinue Products in the catalog and will offer a substitution or credit where a Product you selected is affected.

6.4 Prepaid and Commitment Plans

If you select a prepaid or multi-month commitment plan, you are charged the full amount for the term at the start of that term and the plan renews for a further term of the same length unless you cancel before the term ends. Cancellation during a prepaid term stops the next renewal; it does not generate a refund of the prepaid term except as provided in Section 9 or as required by law.

6.5 Renewal and Reminder Notices

We will send you every notice that the automatic renewal law of your state of residence requires, on the schedule and with the content that law requires. Nothing in these Terms reduces, delays, or conditions any notice you are entitled to receive.

In addition, and regardless of the length of your recurring term, we will send you at least one reminder every twelve months, in the same medium through which you enrolled or in the medium in which you are accustomed to interacting with us. Each reminder identifies the subscription, states the frequency and amount of the recurring charge, and states every method available to cancel, including the online cancellation link, an email address, and a postal address.

Where your recurring term is longer than one month, we will also send a reminder before each renewal charge, stating that the subscription will renew unless you cancel, the amount that will be charged, the renewal date, and every method available to cancel.

Promotional and introductory rates. Where your subscription begins at a promotional, introductory, discounted, or free rate, we will notify you before that rate ends and before the first charge at the standard rate. The notice will state the new amount, the date it takes effect, and how to cancel.

6.6 Price and Term Changes

If we change the recurring price of your plan, change the length of a recurring term, or make any other material change to the automatic renewal terms, we will notify you in writing before the change takes effect. We will send that notice not less than seven days and not more than thirty days beforehand, or on whatever schedule the law of your state requires if that law requires something different. The notice will state the new terms, the date they take effect, and how to cancel. Where the law of your state requires your affirmative consent to the change, we will obtain it before applying the change; otherwise, you may cancel before the effective date and the change will not apply to you. A price increase never applies retroactively to a term you have already paid for.

6.7 Cancellation

You may cancel at any time, for any reason, without penalty. Cancellation is always available through the same medium you used to enroll, and by any of the methods below. If you enrolled online, you can cancel online in the same number of steps or fewer.

  • Online, one click: log in and use the "Cancel Subscription" link in your account settings. The cancellation takes effect immediately upon confirmation, without any requirement that you speak with a representative, complete a survey, or navigate a retention flow. If we present a discount or retention offer, a button that immediately completes cancellation is displayed prominently on the same page.
  • Email: support@thecollectionhealth.com. Include the name and email address on the account.
  • Mail: Truist Life Sciences LLC, 103 Tuscany Way, Greer, South Carolina 29650.

We do not operate a telephone cancellation line, and we never require a telephone call to cancel. If we later add one, we will publish the number and will accept cancellation through it, including by voicemail, which we will treat as received at the time you leave the message.

What "effective" means, stated precisely. Two different things happen when you cancel, and they happen at different times:

(a) Future billing stops immediately. Your authorization for future recurring charges is revoked when we receive your cancellation request, and in every case no later than one (1) business day afterward. After that point we will not charge you again. No further step, delay, fee, condition, or conversation is required of you, and we will send written confirmation. Keep it for your records.

(b) Access and delivery continue through the end of the term you already paid for. Unless you ask us to end it sooner, you keep access to the Member Portal and you receive any shipment already processed or paid for in your current term. This is a benefit to you, not a delay in your cancellation, and it does not permit any additional charge.

If a charge is made to your payment method after we receive a valid cancellation request, we will refund it in full, regardless of any other provision of these Terms.

6.8 Pausing and Skipping

Where the feature is available in your account, you may pause your subscription or skip an upcoming shipment. Pausing is not cancellation; a paused subscription resumes automatically on the date shown in your account unless you cancel first.

6.9 Our Right to Cancel

We may cancel or suspend a subscription on notice to you if payment fails and is not cured, if you breach these Terms, if we suspect fraud, or if we discontinue the Subscription Program. If we discontinue the program, we will give at least thirty (30) days' notice and refund any prepaid amount covering a period after the discontinuation date.

7. Payment, Taxes, Failed Payments, and Chargebacks

7.1 Payment authorization. By providing a payment method, you represent that you are authorized to use it and you authorize us and our payment processors to charge it for all amounts due, including the initial charge, each recurring subscription charge, applicable taxes, and shipping. You authorize us to store the payment method and to obtain updated card information from your card network or issuer through account updater services so that your subscription is not interrupted.

7.2 Taxes. You are responsible for all applicable sales, use, and similar taxes. Tax is calculated based on the shipping address and applicable law and is shown at checkout.

7.3 Failed payments. If a charge is declined, we may retry it using commercially reasonable retry logic over a period not exceeding fifteen (15) days and will notify you. If payment cannot be collected, we may suspend or cancel your subscription and withhold shipment. You remain responsible for amounts properly owed for Products already shipped.

7.4 Chargebacks. If you dispute a charge, please contact us first at support@thecollectionhealth.com. We resolve most billing questions within one business day. Initiating a chargeback for a charge that was authorized and for Products that were delivered may result in suspension of your account. We reserve all rights to respond to a chargeback through the card network and to recover amounts properly owed for Products delivered.

7.5 Currency and payment methods. We accept the payment methods shown at checkout. All transactions are processed in United States dollars. Your card issuer may apply foreign transaction or currency conversion fees, for which we are not responsible.

8. Shipping, Delivery, Title, and Risk of Loss

8.1 We ship to addresses within the United States. Some Products may be unavailable for shipment to certain states or addresses for regulatory reasons. We do not ship to freight forwarders without prior arrangement.

8.2 Delivery estimates are estimates only and are not guarantees. We are not responsible for delays caused by carriers, weather, natural events, customs, address errors you supply, or other circumstances beyond our reasonable control.

8.3 Title and risk of loss pass to you upon delivery of the Products to the address you provided. If a shipment is lost, stolen, or damaged before delivery, notify us within fifteen (15) days of the expected delivery date and we will reship the order or issue a refund at your election, subject to the carrier's investigation.

8.4 If a package is confirmed delivered by the carrier but you did not receive it, notify us within fifteen (15) days. We will assist with a carrier claim. We may decline to reship where a delivery address is repeatedly associated with reported non-delivery.

8.5 Heat and storage. Dietary supplements can be affected by extreme temperatures during shipping and while awaiting retrieval. Retrieve your package promptly and store Products as directed on the label.

8.6 If a shipment is returned to us as undeliverable because of an incorrect or incomplete address you provided or a failure to retrieve it, we may charge the reshipment cost or refund the order less the original shipping cost. This does not apply where delivery could not be completed because of an age verification requirement under Section 3.3, in which case you receive a full refund.

8.7 Shipment Timing and Your Right to Cancel a Delayed Order

We ship within the time stated at the point of sale or, where no time is stated, within thirty (30) days after we receive a properly completed order, in accordance with the Federal Trade Commission's Mail, Internet, or Telephone Order Merchandise Rule, 16 C.F.R. Part 435.

If we cannot ship within that period, we will notify you before it expires, state a revised shipping date, and offer you the choice of consenting to the delay or cancelling the order for a full and prompt refund. If you do not respond to a notice offering a definite revised date, we will treat your silence as consent to the delay only where the Rule permits, and in every other case we will cancel the order and refund you without being asked. If we cannot provide a definite revised date, you may consent to an indefinite delay, and you retain the right to cancel for a full refund at any time before shipment. Refunds under this Section are issued to the original payment method within seven (7) business days, or, for orders paid by credit, by crediting your account within one billing cycle. This Section applies to each recurring subscription shipment as well as to one-time orders.

9. Returns, Refunds, and Our Satisfaction Policy

9.1 Consumable products. For reasons of consumer safety and product integrity, opened dietary supplements cannot be returned to inventory or resold. Except as provided in this Section 9 or as required by law, opened or used Products are not returnable.

9.2 Unopened Products. Unopened Products in their original, sealed condition may be returned within thirty (30) days of delivery for a refund of the purchase price, less original shipping. Contact support@thecollectionhealth.com to obtain a return authorization before shipping anything back. Return shipping is your responsibility except where the return arises from our error.

9.3 Damaged, defective, or incorrect Products. If you receive a Product that is damaged, defective, or not what you ordered, notify us within fifteen (15) days of delivery. We will replace it or refund it at no cost to you. We may request photographs and may ask you to retain the Product and its packaging.

9.4 Satisfaction policy. If you are not satisfied with a Product you received, contact us within thirty (30) days of delivery. We will work with you to resolve it, which may include a replacement, an alternative Product, or an account credit, at our discretion. This is a discretionary customer service policy limited to one claim per Product per household. It does not limit any right you have under law.

This policy is not a written warranty. It is not an affirmation of fact or promise relating to the material, workmanship, performance, or defect-free nature of any Product, and it is not a written warranty within the meaning of the Magnuson-Moss Warranty Act, 15 U.S.C. Sections 2301 et seq. It is a service commitment concerning how we will respond to a customer who is dissatisfied. If a court or arbitrator nonetheless determines that this Section 9.4, or any other statement we make, constitutes a written warranty for the purposes of that Act, then Section 17.1 applies and the implied warranty disclaimer in Section 17 is replaced by the duration limitation in Section 17.1, with the remainder of Section 17 unaffected.

State law rights are preserved. Nothing in this Section 9 limits any non-waivable right you have under the consumer protection or return-policy law of the state in which you reside, including any right to a refund or to a stated return period that applies notwithstanding a posted policy. Where the law of your state requires a longer return period, a different remedy, or a particular method of posting a return policy, that law governs and is available to you without any additional step under these Terms.

9.5 Refund processing. Approved refunds are issued to the original payment method within ten (10) business days of approval. Your bank or card issuer determines when the credit appears on your statement.

9.6 Subscription refunds. Cancellation stops future charges. Except as stated in this Section 9, in Section 6.9, or as required by law, subscription fees for a term already begun are not refunded on a pro rata basis.

10. Promotions, Discount Codes, Referrals, Gift Purchases, and Account Credits

10.1 Promotions, discount codes, and free-gift offers are subject to the specific terms published with them, which control over any conflicting provision of this Section. Unless stated otherwise, codes are single use, non-transferable, have no cash value, cannot be combined with other offers, cannot be applied retroactively, and expire on the stated date. We may modify, suspend, or terminate any promotion at any time and may void a discount obtained through error, fraud, or unauthorized distribution.

10.2 Sweepstakes and contests are governed by their own official rules and, where required, are void where prohibited.

10.3 Referral program credits are earned only for referrals that result in a qualifying purchase by a new customer who is not a member of the referrer's household. Self-referrals, duplicate accounts, and referrals obtained through spam, unsolicited messaging, or paid search on our brand terms are not eligible, and we may revoke credits and close accounts for abuse. You may not use any automated or bulk messaging method to distribute a referral link.

10.4 If you purchase a Product or subscription as a gift, you are the customer and remain responsible for payment and for compliance with these Terms, including the age requirements in Section 3. You are responsible for confirming that the recipient is eligible to receive the Product and has no known contraindication.

10.5 Account credits. A promotional credit that we issue as part of a marketing offer is subject to the expiration date disclosed with that offer. An account credit that we issue in place of a refund is different. It does not expire, it is not subject to the restrictions in Section 10.1, and where the law of your state requires us to redeem a small remaining balance in cash, including California Civil Code Section 1749.5, we will do so on request.

11. Dietary Supplement Disclaimers and Health and Safety Notices

THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

11.1 Not Medical Advice

The Products are dietary supplements, not drugs. Nothing on the Services, including product descriptions, ingredient information, clinical study summaries, educational articles, AI-generated responses, communications from our staff or partners, and User Content, is medical advice, diagnosis, or treatment. We are not a healthcare provider and no physician-patient, provider-patient, or other professional relationship is created by your use of the Services.

Never disregard professional medical advice or delay seeking it because of something you read or receive through the Services.

11.2 Consult a Qualified Professional

Consult your physician or another qualified healthcare provider before beginning any supplement, particularly if you are pregnant, breastfeeding, trying to conceive, under 18, over 65, have any medical condition, are scheduled for surgery, or are taking any prescription or over-the-counter medication. Dietary supplements can interact with medications and with each other.

11.3 Individual Results Vary

Results vary from person to person. References to clinical research describe findings about specific ingredients at specific doses in specific study populations. They do not predict, promise, or guarantee any result for you. No representation is made that you will experience any particular outcome.

11.4 Allergens and Ingredients

Product labels identify ingredients and any major food allergens. Some Products are manufactured in a facility that also processes milk, egg, soy, wheat, tree nuts, peanuts, fish, shellfish, and sesame. If you have an allergy or sensitivity, read the full label before every use. Formulations may change; the label on the Product you receive controls.

11.5 Stop Use and Seek Help

Discontinue use and seek medical attention if you experience an adverse reaction. Report any adverse event to us at support@thecollectionhealth.com and to the FDA MedWatch program at 1-800-FDA-1088. In an emergency, call 911 or your local emergency number. Keep all supplements out of reach of children. Do not exceed the recommended serving. Do not use if any safety seal is broken or missing.

11.6 Athletes and Drug Testing

If you are subject to drug testing, including athletes governed by the World Anti-Doping Agency, the United States Anti-Doping Agency, the NCAA, a professional league, the military, or an employer, it is your sole responsibility to verify that any Product is permissible under the rules that apply to you before using it. Dietary supplements are not required to be certified for sport, and the presence, absence, or certification status of any Product does not guarantee that you will not test positive. Confirm every ingredient against your governing body's current prohibited list and consult your compliance officer, athletic trainer, or team physician.

We make no representation that any Product is certified by NSF Certified for Sport, Informed Sport, or any comparable third-party program, unless that certification appears on the Product label. Where such a certification does appear, it applies only to the specific Product and lot identified.

We assume no liability for any competitive, disciplinary, employment, or other consequence of a drug test result.

11.7 California Proposition 65

California's Safe Drinking Water and Toxic Enforcement Act of 1986, known as Proposition 65, requires a warning before a California consumer is exposed to certain listed chemicals above specified levels. Where any Product requires a Proposition 65 warning, the required warning text appears on that Product's label and on its detail page on the Services before you purchase it. Warnings are Product-specific, and the warning shown for a particular Product controls. For general information go to www.P65Warnings.ca.gov.

11.8 Content Accuracy

We work to keep educational and scientific Content accurate and current, and we cite sources where practical. Science evolves and errors occur. Content is provided for general education only, is not exhaustive, and may not reflect the most recent research. We do not warrant the accuracy, completeness, or currency of any Content.

11.9 Recalls and Safety Notices

If we or our manufacturer withdraw or recall a Product, we will notify affected customers at the email address on the account, post a notice on the Services, and provide a refund or a replacement at your election. Stop using the Product, follow the instructions in the notice, and do not discard the Product if we ask you to return it. A refund or replacement under this Section is provided regardless of any other limitation in Section 9.

12. The Member Portal, AI Features, and Educational Content

12.1 License to use the Member Portal. Subject to these Terms and to your payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Member Portal and its features for your own personal, non-commercial use during your active subscription. Access ends when your subscription ends.

12.2 AI features are educational tools. The AI Supplement Advisor, the Routine Builder, and any similar feature generate responses using automated systems and third-party language models. They do not provide medical advice and are subject to every disclaimer in Section 11. AI-generated output may be incomplete, outdated, or wrong, may present information with unwarranted confidence, and must not be relied upon as the basis for any health decision. Verify anything important with a qualified professional and with the Product label.

12.3 Your inputs. Do not enter medical records, diagnoses, prescription information, government identification numbers, financial account details, passwords, or information about any other identifiable person into an AI feature. You are responsible for what you submit. Our handling of AI inputs is described in our Privacy Policy.

12.4 Availability. We do not guarantee that the Member Portal or any feature will be available without interruption or error. We may modify, suspend, or discontinue any feature at any time. If we permanently discontinue a feature that was a material part of the subscription you purchased, you may cancel and we will refund the unused portion of your current prepaid term.

12.5 No professional services. We do not provide nutrition counseling, dietetics services, personal training, medical services, or any other licensed professional service.

13. User Content, Reviews, and Testimonials

13.1 License you grant. By submitting User Content you grant us and our affiliates a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display that User Content in any media, in connection with our business, including in advertising and marketing, without compensation to you. This license is subject to Section 13.1(b).

13.1(b) Use of your name and likeness in paid advertising. The license in Section 13.1 permits us to display your User Content on the Services and in our own marketing channels. We will not use your name, photograph, voice, or likeness in paid advertising unless you have given us separate, affirmative, written consent for that use, either at the time you submit the content or afterward. You may withdraw that consent as to future advertising at any time by emailing support@thecollectionhealth.com, and we will stop using it in new placements within thirty (30) days. Withdrawal does not require us to recall placements already running.

13.2 Your representations. You represent and warrant that you own or have all necessary rights to the User Content; that it does not infringe or misappropriate any third-party right; that it is truthful and reflects your honest opinion and actual experience; that it does not contain confidential information or the personal information of another person without consent; and that any person appearing in it has consented to its use as described above. You waive any moral rights in the User Content to the extent permitted by law.

13.3 Reviews must be honest. We do not offer compensation in exchange for a positive review, we do not condition any benefit on the content of a review, and we do not suppress or edit negative reviews on the basis of the rating. We comply with the Federal Trade Commission's Rule on the Use of Consumer Reviews and Testimonials, 16 C.F.R. Part 465. We do not create, buy, or procure fake or AI-generated reviews, we do not suppress or reorder reviews on the basis of sentiment, and we do not operate any website that we hold out as independent while controlling its review content.

If you received any Product free of charge, a discount, an incentive, or any other consideration in connection with a review, you must clearly and conspicuously disclose that connection in the review itself. If you have a material connection to us, including as an employee, contractor, creator partner, ambassador, affiliate, or family member of any of the foregoing, you must disclose it. Reviews that do not comply may be removed.

13.4 No disease claims in User Content. Federal law restricts statements that a dietary supplement diagnoses, treats, cures, mitigates, or prevents a disease. Please do not make such a statement in User Content published on the Services. We may decline to publish or may remove User Content that does, on any Product and regardless of whether the review is favorable or unfavorable.

13.5 Your right to review us honestly is protected and we do not restrict it. Consistent with the Consumer Review Fairness Act, 15 U.S.C. Section 45b, nothing in these Terms prohibits, restricts, or penalizes you for publishing an honest review, performance assessment, or other analysis of us, our Products, or our Services, in any forum, whether favorable or unfavorable. We do not require you to transfer intellectual property rights in such a review to us as a condition of purchase, we impose no fee or penalty for a negative review, and we will not seek to enforce any provision of these Terms in a manner that would do so. To the extent any provision of these Terms, including Sections 13.1, 13.4, 13.6, and 15, could be read to restrict an honest review, that provision is void and of no effect to that extent, and the remainder of these Terms is unaffected. Our removal of content from our own Services under Section 13.6 does not restrict your ability to publish that content elsewhere.

13.6 Moderation. We have no obligation to monitor User Content, but we may review, refuse, edit for length or profanity, or remove User Content from our own Services where it is unlawful, defamatory, obscene, harassing, infringing, fraudulent, off-topic, submitted in bad faith, or in violation of these Terms. We do not remove, suppress, or reorder reviews on the basis of the rating given or because the review is unfavorable to us, and we do not publish fabricated, incentivized, or insider reviews without disclosure. We are not responsible for User Content submitted by others, and the views expressed in it are those of the person who submitted it.

13.7 Use of your review in advertising. If we feature your review in advertising, we may add any disclosure required by the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising, including a statement that results are not typical. We will not materially alter the substance or meaning of your review.

13.8 Unsolicited ideas. We do not accept unsolicited ideas, suggestions, formulations, or proposals. If you send them anyway, you agree they are non-confidential and that we may use them for any purpose without compensation or attribution.

14. Intellectual Property and Limited License

14.1 The Services and all Content are owned by us or by our licensors and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws. All rights not expressly granted are reserved.

14.2 Trademarks. The Collection, our logos, and our product names and taglines are our trademarks or trade dress. Certain patented ingredient names used in our Products are trademarks of their respective owners and are used by us and by our manufacturer under license. Nothing in these Terms grants you any right to use any trademark, and you may not use any of them without prior written permission, except for accurate, nominative references.

14.3 Limited license to the site. We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Services for your own personal, non-commercial purposes. You may not copy, reproduce, republish, distribute, sell, license, publicly display, frame, mirror, or create derivative works from the Services or any Content without our prior written consent.

14.4 No data mining or automated extraction. You may not use any robot, spider, scraper, crawler, or other automated means to access the Services or to extract, collect, or copy any Content, and you may not use the Services or any Content to develop, train, fine-tune, or benchmark any machine learning or artificial intelligence model. Our terms of use for automated agents and our robots.txt file further govern automated access.

14.5 Feedback. If you send us feedback about the Services, we may use it without restriction and without obligation to you.

15. Prohibited Conduct

You agree not to:

  • Violate any applicable law or regulation, or these Terms;
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • Provide false, inaccurate, or misleading information, including at age verification or checkout;
  • Use the Services to transmit malware, viruses, or other harmful code, or to interfere with, disrupt, overload, or attempt to gain unauthorized access to the Services or any related system or network;
  • Circumvent, disable, or attempt to defeat any security, authentication, age verification, rate limiting, geographic restriction, or access control measure;
  • Purchase Products for resale or commercial redistribution without our written consent, or use the Services in connection with any counterfeit, diverted, or unauthorized distribution activity;
  • Engage in coupon or promotion abuse, create multiple accounts to obtain benefits intended for new customers, or manipulate a referral program;
  • Harass, threaten, defame, or abuse our employees, contractors, partners, or other users;
  • Post or transmit User Content that violates Section 13;
  • Use the Services to make, encourage, or facilitate any claim that a Product diagnoses, treats, cures, mitigates, or prevents a disease;
  • Reverse engineer, decompile, or disassemble any part of the Services;
  • Use the Services in any manner that could damage, disable, or impair them or interfere with any other party's use.

16. Third-Party Services, Links, and Creator Partners

16.1 The Services may link to or integrate third-party websites, platforms, and services. We do not control them, do not endorse them by linking to them, and are not responsible for their content, products, policies, or practices. Your dealings with them are solely between you and them.

16.2 We work with creators, ambassadors, athletes, affiliates, and other partners who promote our Products and may earn compensation for doing so. Those partners are independent and are not authorized to make representations or warranties on our behalf, to modify these Terms, or to make any claim about a Product beyond what appears on the label and on the Services. Statements made by a partner are their own. We require our partners to disclose their material connection to us in accordance with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising and to comply with 16 C.F.R. Part 465.

16.3 Payment processing, hosting, fulfillment, and shipping are performed by third-party providers under contract to us. Their terms may apply to the portion of the transaction they handle.

17. Disclaimer of Warranties

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COLLECTION AND ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS; OR THAT ANY CONTENT, INCLUDING ANY AI-GENERATED OUTPUT, IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR SUITABLE FOR YOUR PURPOSES. WE MAKE NO WARRANTY THAT ANY PRODUCT WILL PRODUCE ANY PARTICULAR RESULT, OUTCOME, OR HEALTH BENEFIT FOR YOU.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

17.1 Where Implied Warranties Cannot Be Disclaimed

If we are ever held to have given a written warranty within the meaning of the Magnuson-Moss Warranty Act, or if applicable state law otherwise prohibits the disclaimer of implied warranties, then the implied warranty disclaimer above does not apply to you. In that case, and to the fullest extent permitted by law, any implied warranty, including the implied warranties of merchantability and fitness for a particular purpose, is limited in duration to the shorter of (a) thirty (30) days from the date of delivery or (b) the shortest period permitted by applicable law, and is otherwise limited to the remedies stated in Section 9. This Section 17.1 is intended to preserve the maximum protection available to us under law, and operates as a substitution rather than as a reason to strike Section 17 in its entirety.

17.2 State Law

Some jurisdictions do not allow the exclusion of certain warranties, the limitation of how long an implied warranty lasts, or the limitation of statutory consumer rights. To the extent those laws apply to you, some or all of the exclusions and limitations in this Section 17 may not apply, and you may have additional rights that vary from state to state. Nothing in these Terms limits any non-waivable right you have under applicable consumer protection law, and nothing in these Terms disclaims, limits, or excludes liability for a defective Product, for a Product that causes personal injury, or for any claim sounding in strict product liability.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COLLECTION OR ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100).

18.1 Exclusions. Nothing in this Section 18 limits or excludes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, or for any other liability that cannot be limited or excluded under applicable law.

18.2 State law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In those jurisdictions our liability is limited to the greatest extent permitted by law.

18.3 Product liability and personal injury are outside the cap. For the avoidance of doubt, and notwithstanding anything else in these Terms, the monetary cap in this Section 18 does not apply to a claim for personal injury, wrongful death, or strict product liability arising from a Product. Those claims are governed by applicable law. This carve-out is a material and independent term, and the parties intend that the presence of this carve-out permits the remaining limitations in this Section to be enforced as written.

18.4 Blue pencil. If any limitation or exclusion in Section 17 or Section 18 is held unenforceable as to a particular claim, party, or category of damages, the parties intend that it be reduced or narrowed to the maximum extent enforceable rather than struck, and that it continue to apply in full to every other claim, party, and category of damages. A holding that one limitation is unenforceable does not affect any other limitation.

18.5 Basis of the bargain. You acknowledge that the limitations in Sections 17 and 18 are an essential basis of the bargain between us, that our pricing reflects them, and that they will apply even if a limited remedy is found to have failed of its essential purpose.

19. Indemnification

You agree to indemnify, defend, and hold harmless The Collection and its affiliates, officers, members, managers, employees, agents, suppliers, and licensors from and against any claim, demand, action, loss, liability, damage, cost, and expense, including reasonable attorneys' fees, arising out of or relating to: (a) your breach of these Terms; (b) your violation of any law or of the rights of any third party; (c) your User Content; (d) your use or misuse of any Product, including any use inconsistent with the label directions or with the advice of a healthcare provider; (e) your provision of a Product to any other person; or (f) any misrepresentation you make, including as to your age or eligibility. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, in which case you agree to cooperate with our defense. You may not settle any matter that imposes any obligation on us without our prior written consent.

20. Dispute Resolution, Arbitration Agreement, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIM. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. YOU MAY OPT OUT UNDER SECTION 20.9.

20.1 Informal Resolution Required First

Before starting an arbitration or a court proceeding, you and we agree to try to resolve the dispute informally. The party raising the dispute must send a written Notice of Dispute to the other. You may send your Notice by email to legal@thecollectionhealth.com, which is sufficient on its own, or by mail to Legal Department, Truist Life Sciences LLC, 103 Tuscany Way, Greer, South Carolina 29650. Your Notice should include your name, the email address associated with your account, a description of the dispute, and the relief you seek. A Notice is not invalid because it omits an item of this information or uses a different format, so long as it identifies you and describes the dispute well enough for us to investigate it, and we will not assert any defect in the form of a Notice as a basis for dismissal. Our Notice will be sent to the email and postal address on your account. Both parties will negotiate in good faith for sixty (60) days from receipt, and either party may request an individual telephone settlement conference during that period, in which each party may appear with counsel. This informal process is a condition precedent to commencing arbitration, the sixty-day period tolls any applicable limitations period, and neither party may commence arbitration until it is complete.

20.2 Agreement to Arbitrate

If the dispute is not resolved under Section 20.1, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any Product, any marketing or advertising, any communication between us, or the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after the termination of these Terms, will be resolved exclusively by final and binding individual arbitration rather than in court. This agreement to arbitrate survives termination of these Terms and of your account.

This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1 et seq., which the parties agree evidences a transaction involving interstate commerce.

20.3 Exceptions

  • Either party may bring an individual action in small claims court if the claim qualifies and remains in that court on an individual basis.
  • Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property or unauthorized access to the Services.
  • Either party may report a matter to a government agency, and nothing in these Terms prevents a government agency from seeking relief on your behalf.
  • Claims that applicable law provides may not be arbitrated are excluded, and are severed and stayed pending arbitration of the remaining claims.

20.4 Arbitration Procedure

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, as modified by this Section. The rules are available at www.adr.org or by calling 1-800-778-7879. If the AAA is unwilling or unable to administer the arbitration consistent with this Section, the parties will agree on a substitute administrator, and if they cannot agree, a court of competent jurisdiction will appoint one. Arbitration will be conducted by a single neutral arbitrator.

Unless the parties agree otherwise, arbitration will take place in Greenville County, South Carolina, or in the county of your residence, at your election. Where the amount in controversy does not exceed $25,000, the arbitration may be conducted on documents only or by telephone or videoconference at your election. The arbitrator will issue a reasoned written award. The arbitrator has exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, and formation of this arbitration agreement, except that a court has exclusive authority to decide any question regarding the enforceability of the Class Action Waiver in Section 20.6. Judgment on the award may be entered in any court of competent jurisdiction.

The arbitrator may award any individual relief that a court could award under applicable law, including statutory damages and attorneys' fees where a statute provides for them, but may not award relief to or against anyone who is not a party.

20.5 Arbitration Costs

Payment of filing, administration, and arbitrator fees is governed by the AAA rules. If the AAA rules would require you to pay more in fees to initiate arbitration than it would cost you to file the same claim in a South Carolina state court, we will pay the difference. If the arbitrator determines that your claim was frivolous or brought for an improper purpose, the allocation of fees will be governed by the AAA rules.

20.6 Class Action and Jury Trial Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE ALSO WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY CLAIM THAT PROCEEDS IN COURT.

If a court decides that applicable law prevents enforcement of any part of this Section 20.6 as to a particular claim or request for relief, then that claim or request for relief, and only that claim or request for relief, will be severed from the arbitration and may proceed in the courts identified in Section 21, and the remaining claims will be arbitrated. If a court decides that the entirety of this Section 20.6 is unenforceable, then the whole of Section 20.2 is null and void as to that dispute, and the dispute will proceed in the courts identified in Section 21, with the jury trial waiver in this Section 20.6 remaining in effect to the fullest extent permitted by law, and with the individual-capacity requirement continuing to apply in court to the fullest extent permitted by law.

20.7 Coordinated Filings

If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against us by or with the assistance of the same law firm or coordinated group of firms within a ninety (90) day period, the parties agree that the AAA Mass Arbitration Supplementary Rules then in effect will govern, and that the following process applies to the extent it is consistent with those Rules:

(a) A process arbitrator will be appointed to resolve administrative and fee questions before any merits arbitrator is appointed.

(b) The parties will first arbitrate a bellwether group of no more than sixteen (16) claims, eight (8) selected by claimants' counsel and eight (8) selected by us, in order to develop information about the claims at issue.

(c) Within sixty (60) days after the bellwether awards issue, the parties will participate in a single global mediation before a mutually acceptable mediator, at our expense.

(d) If mediation does not resolve the remaining claims, the remaining claimants may proceed immediately, and there is no requirement that any claimant wait for another claim to be resolved first. Remaining claims may be administered in batches for efficiency only where the claimant agrees or the process arbitrator so directs.

(e) All applicable limitations periods, including the period in Section 20.11, are tolled for every claimant from the date that claimant's demand is submitted until that claimant's claim is resolved or withdrawn.

This Section may not be used to deny any claimant access to a forum or to delay any claimant's claim indefinitely. Nothing in it limits a claimant's right to an individualized determination of their own claim on its own merits, to their own counsel, or to their own award. If the administrator declines to apply this Section, or if a court or process arbitrator holds any part of it unenforceable, that part is severed and the remainder of Section 20, including the agreement to arbitrate in Section 20.2 and the waiver in Section 20.6, remains in full force. The unenforceability of this Section 20.7 is not a ground for invalidating the agreement to arbitrate.

20.8 Offers of Judgment and Settlement

Either party may make a written settlement offer at any time. An offer that is not accepted may not be disclosed to the arbitrator until after the arbitrator determines the amount to which a party is entitled.

20.9 Your Right to Opt Out of Arbitration

You may opt out of the arbitration agreement in Section 20.2 and the class action waiver in Section 20.6. To do so, send written notice within thirty (30) days of the date you first accepted these Terms, or of the date you first accepted a materially amended version of this Section 20, to: Arbitration Opt-Out, Truist Life Sciences LLC, 103 Tuscany Way, Greer, South Carolina 29650, or by email to legal@thecollectionhealth.com with the subject line "Arbitration Opt-Out." Your notice must include your full name, the email address and postal address on your account, and a clear statement that you wish to opt out of the arbitration agreement.

Opting out has no effect whatsoever on your account, your subscription, your pricing, your access to the Services, or any other aspect of your relationship with us. If you opt out, all other provisions of these Terms continue to apply, and disputes will be resolved in the courts identified in Section 21. An opt-out under this Section also operates as an opt-out under Section 1.3 of our Privacy Policy. If you do not opt out within thirty (30) days, you are bound by the arbitration agreement.

20.10 Changes to This Section

If we make a material change to this Section 20 after you have accepted these Terms, you may reject the change by sending us written notice within thirty (30) days of the change to legal@thecollectionhealth.com, in which case the version of Section 20 in effect immediately before the change will continue to govern disputes between us. A change does not apply to a dispute of which we had actual notice before the change took effect.

20.11 Limitations Period

To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim accrued, or it is permanently barred.

This Section does not apply to: any claim for which a shortened limitations period is prohibited or restricted by applicable law; any claim for personal injury, wrongful death, or product liability arising from a Product; any claim brought under a statute that specifies its own limitations period, which governs instead; any claim by a consumer residing in a state whose law voids contractual shortening of a limitations period; or any claim of fraud or intentional misconduct. Where this Section is limited or inapplicable as to one claim, it remains effective as to every other claim. The one-year period is tolled for the duration of the informal resolution process required by Section 20.1 and by any tolling provided under Section 20.7.

21. Governing Law and Venue

21.1 These Terms and any dispute arising out of or relating to them or to the Services are governed by the laws of the State of South Carolina, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs Section 20. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.2 For any dispute not subject to arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Greenville County, South Carolina, and waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens.

21.3 Nothing in this Section deprives you of the protection of any mandatory consumer protection provision of the law of the state in which you reside that cannot be derogated from by agreement, and nothing prevents you from bringing an individual claim in small claims court in your own county of residence.

22. Electronic Communications and Consent to Electronic Records

22.1 By using the Services, you consent to receive communications from us electronically, including by email, by text message where you have separately opted in, and by notices posted in your account or on the Services. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

22.2 Under the federal Electronic Signatures in Global and National Commerce Act, you consent to the use of electronic records and electronic signatures in our transactions with you. To access and retain electronic records you need a device with internet access, a current web browser, a valid email address, and the ability to view and save PDF files. You may withdraw your consent to receive records electronically by contacting support@thecollectionhealth.com; if you do, we may be unable to continue providing the Services and may cancel your subscription. You may request a paper copy of any electronic record by contacting customer service, and we will provide it at no charge. Keep your email address current in your account.

22.3 Your consent to receive marketing communications, and how to withdraw it, is governed by our Privacy Policy.

23. Copyright Complaints

We respect intellectual property rights. If you believe material on the Services infringes your copyright, send a written notice to our designated agent containing the elements required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3): your physical or electronic signature; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; your contact information; a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Designated Agent: DMCA Agent, Truist Life Sciences LLC, 103 Tuscany Way, Greer, South Carolina 29650; email dmca@thecollectionhealth.com. We may remove or disable access to material claimed to be infringing and will terminate the accounts of repeat infringers in appropriate circumstances. A person who knowingly materially misrepresents that material is infringing may be liable for damages under 17 U.S.C. Section 512(f).

24. Accessibility

We want the Services to be usable by everyone. We have adopted the Web Content Accessibility Guidelines, version 2.1, Level AA as our internal standard, and we test against that standard and remediate issues on an ongoing basis.

If you encounter a barrier to accessing any part of the Services, or if you need assistance placing an order, managing a subscription, cancelling, or obtaining any document in an accessible format, contact us at accessibility@thecollectionhealth.com. We will provide the information, product, or service you need through an alternative method, promptly and at no additional cost to you, and we will use your feedback to improve. Providing assistance under this Section is not an admission of any kind.

25. Force Majeure

We are not liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including acts of God, natural disasters, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental action, embargo, failure of utilities or telecommunications, internet or hosting provider failure, cyberattack, carrier disruption, or shortage or unavailability of raw materials, ingredients, packaging, or manufacturing capacity. Where such an event delays performance, our obligations are suspended for the duration of the event, and if it continues for more than sixty (60) days either party may cancel the affected order or subscription term and we will refund amounts paid for undelivered Products. This Section does not limit your rights under Section 8.7.

26. Term, Suspension, and Termination

26.1 These Terms remain in effect while you use the Services and, for the provisions identified in Section 28.7, after you stop.

26.2 We may suspend or terminate your access to the Services, close your account, and cancel any order or subscription, with or without notice, if you breach these Terms, if we suspect fraud or unlawful activity, if required by law, or if we discontinue the Services. Where we terminate without cause, we will refund the unused portion of any prepaid term.

26.3 You may stop using the Services at any time. Cancellation of a subscription is governed by Section 6.7.

26.4 Termination does not relieve either party of obligations that accrued before termination.

27. Changes to These Terms

27.1 We may amend these Terms. When we do, we will revise the "Last Updated" date and post the amended Terms on the Services.

27.2 For material changes, including any change to Section 6, Section 17, Section 18, or Section 20, we will provide at least thirty (30) days' advance notice by email to the address associated with your account and by a conspicuous notice on the Services. Material changes apply prospectively only.

For an active Subscriber, a material change does not take effect until you affirmatively accept it. We will present the change to you and ask you to accept it the next time you sign in or before your next renewal, whichever comes first. Continued use of the Services alone is not acceptance of a material change. If you do not accept, you may continue under the prior version through the end of your current paid term, after which we may decline to renew your subscription and will refund any amount you have prepaid for a period after that date. You may cancel at any time under Section 6.7. A material change never increases the price of, or alters the terms of, a subscription term you have already paid for.

27.3 No amendment applies retroactively to a dispute of which we had actual notice before the amendment took effect. No amendment increases the price of a subscription term you have already paid for.

27.4 Non-material changes, such as corrections of typographical errors and clarifications that do not reduce your rights, take effect when posted.

27.5 We maintain and will provide on request a copy of any prior version of these Terms. Email support@thecollectionhealth.com.

28. General Provisions

28.1 Entire agreement. These Terms, together with the Privacy Policy and any policy or program rules expressly incorporated by reference, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous understandings, whether written or oral. Except for statements on the Product label, in the Product description on the Services, and in these Terms, you have not relied on any statement, representation, or promise in deciding to purchase, including any statement by a creator, ambassador, athlete, affiliate, or other partner described in Section 16.2. Nothing in this Section excludes or limits liability for fraud or fraudulent misrepresentation, and nothing in it prevents you from relying on any representation that applicable consumer protection law entitles you to rely on.

28.2 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable or, if modification is not possible, severed, and the remaining provisions will remain in full force. Section 20.6 governs severability within Section 20.

28.3 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. A waiver is effective only if in writing and signed by an authorized representative.

28.4 Assignment. You may not assign or transfer these Terms or any right or obligation under them without our prior written consent, and any attempt to do so is void. We may assign these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.

28.5 No third-party beneficiaries. Except for the persons and entities identified as indemnified parties in Section 19 and as protected parties in Sections 17 and 18, who may enforce those Sections, these Terms create no third-party beneficiary rights.

28.6 Relationship. Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between you and us.

28.7 Survival. Sections 5.4, 7, 9, 10.5, 11, 13.1, 13.2, 13.5, 14, 17, 18, 19, 20, 21, 26.4, 28, and any other provision that by its nature should survive, will survive termination of these Terms.

28.8 Headings and interpretation. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." These Terms will not be construed against the drafting party.

28.9 Statutory references and reservation. Statutory citations in these Terms are provided for your information. Our obligation to provide any particular notice, disclosure, or remedy is the obligation imposed by the law that actually applies to you and to your transaction. Nothing in these Terms is intended to waive any exemption available to us or to create a contractual obligation beyond what applicable law requires. Nothing in this Section reduces, delays, or conditions any notice, disclosure, or remedy that applicable law does require, and where this Section conflicts with Section 6.5 or Section 9, those Sections control.

28.10 Notices. We may give notice to you by email to the address on your account, by postal mail, or by posting to the Services. You must give notice to us at the addresses in Section 29, except that a Notice of Dispute must be sent as required by Section 20.1 and an arbitration opt-out as required by Section 20.9.

28.11 Export and government use. You may not use the Services in violation of United States export laws or if you are located in an embargoed jurisdiction or designated on a restricted party list. The Services are commercial items and any use by or for a United States government entity is subject to the restrictions applicable to commercial computer software and commercial items.

28.12 Language. These Terms are drafted in English. Any translation is provided for convenience, and the English version controls.

29. How to Contact Us

These Terms and Conditions are published by Truist Life Sciences LLC, doing business as The Collection. They should be read together with our Privacy Policy, which explains how we handle personal information.

Need more information?

Got something else on your mind?