Terms of Sale, Website Use, and Limited License

The Hero Protocol LLC

Effective Date: June 1, 2025

Acceptance of These Terms

By accessing www.theheroprotocol.com (the "Site"), purchasing any product, or using any product sold by The Hero Protocol LLC, a Colorado limited liability company ("Company," "we," "us," or "our"), you ("you" or "User") agree to be bound by these Terms of Sale, Website Use, and Limited License (these "Terms"). If you do not agree to these Terms, do not access the Site, do not place an order, and do not use any product. Your continued use of the Site or any product constitutes ongoing acceptance of these Terms as updated from time to time.

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement in your jurisdiction. The Site is not directed to, and is not intended for use by, minors.

1. Medical and FDA Disclaimer

1.1 Informational Purposes Only

All content provided by Company, including content on the Site, in product packaging, labels, inserts, marketing materials, emails, SMS messages, social media posts, customer support communications, and any related materials, is provided for general informational and educational purposes only. None of this content is medical advice, diagnosis, or treatment, and none of it establishes a healthcare provider-patient relationship.

1.2 No Disease Claims

No product sold by Company is intended, represented, or implied, by Company, the Site, packaging, labels, customer service, third parties, testimonials, reviews, social media, affiliates, influencers, or any other source, to diagnose, treat, cure, mitigate, or prevent any disease or to alter the structure or function of the body in a manner that would render the product a drug under the Federal Food, Drug, and Cosmetic Act. You shall not interpret any statement from any source connected to Company as a claim that any product can treat or prevent any condition, illness, or injury.

1.3 FDA Notice

These statements have not been evaluated by the United States Food and Drug Administration. Company products are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease.

1.4 Consult a Licensed Professional

You shall consult a licensed healthcare professional before starting any dietary supplement, particularly if you are pregnant, nursing, planning to become pregnant, under 18, have a known medical condition, are scheduled for surgery, or are taking prescription or over-the-counter medications. You shall not disregard, avoid, or delay obtaining professional medical advice because of any information you have received from Company or from any source connected to Company.

1.5 Independent Research and Case Reports

Company personnel and affiliated parties may publish, contribute to, or be cited in commercial, independent academic, clinical, or scholarly works, including case reports, surveys, or peer-reviewed articles, that reference Company products or their ingredients. Any such publication reflects the views of its authors, is subject to the editorial standards of the publishing venue, and is not a representation by Company regarding the efficacy of any product. The existence of such publications does not constitute a disease claim or a guarantee of any specific outcome for any user.

1.6 Individual Results

Testimonials, reviews, and case examples reflect the experiences of specific individuals and are not a guarantee, warranty, or prediction that you will experience the same or similar results. Individual responses to dietary supplements vary.

2. Intellectual Property and Restricted Use

2.1 Definitions

For purposes of this Section 2:

•         "Company IP" means all intellectual property and proprietary rights of Company, including without limitation trademarks, trade dress, copyrights, patents and patent applications, trade secrets, know-how, product concepts, product positioning, and any non-public information regarding the Products, including market survey, testing data, methods, sourcing, manufacturing relationships, formulations, and specifications.

•         "Products" means any goods, formulas, blends, packaging, instructions, protocols, bundles, inserts, labels, and related documentation sold or provided by Company.

2.2 Limited License

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, revocable license to purchase Products for your personal, non-commercial use and to access content on the Site for your personal, non-commercial reference. All other rights are reserved by Company.

2.3 Restrictions on Reverse Engineering for Replication

Upon purchase, you shall not, and shall not authorize, encourage, or assist any primary or third party to:

•         (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the composition, structure, manufacturing process, ingredient ratios, specifications, or trade secrets of any Product for the purpose of replicating, recreating, or developing a competing or derivative product;

•         (b) commission or publish any chemical, laboratory, or analytical testing of a Product, including chromatography, mass spectrometry, IR, NMR, or dissolution testing, for the purpose of copying, benchmarking, or recreating that Product, or for the purpose of developing, manufacturing, marketing, or selling a substantially similar competing product; or

•         (c) use any Product as a reference, template, or benchmark to develop, manufacture, source, private-label, market, or sell any product that is substantially similar to a Product in formulation, purpose, positioning, or consumer use.

Nothing in this Section 2.3 prohibits you from consulting with a licensed healthcare professional about a Product you are using, reporting an adverse event to FDA or any other regulator, exercising rights you cannot lawfully waive, or conducting independent verification of a Product’s safety for your personal, non-commercial use.

2.4 No Derivative Works

You shall not copy, reproduce, adapt, translate, create derivative works from, or distribute Company IP, including Product instructions, protocol content, worksheets, marketing copy, images, labels, inserts, or design elements, surveys, except as expressly authorized in writing by Company.

2.5 No Circumvention or Interference

You shall not, directly or indirectly, use Company IP or any information obtained through the Products to source substantially similar goods or materials from Company’s suppliers, manufacturers, formulators, or service providers in a manner that circumvents Company; to induce, solicit, or attempt to induce any Company supplier, manufacturer, contractor, or partner to alter, terminate, or reduce its relationship with Company; or to misrepresent affiliation with Company or imply endorsement, partnership, or authorized reseller status without Company’s prior written authorization.

2.6 Resale and Transfer

Products are sold for personal use. If you sell, transfer, gift, or otherwise provide a Product to a third party, you shall provide a copy of this Section 2 to the recipient before transfer, the recipient’s use is conditioned on acceptance of these restrictions, and you remain jointly responsible for breaches caused by your transfer if you knew, or reasonably should have known, that the transfer would be used to violate these restrictions.

2.7 Wholesale and Licensing

Wholesale and licensing arrangements are available on commercially reasonable terms. Use the contact form on the Site to inquire.

2.8 Equitable Relief and Fees

You acknowledge that a breach of this Section 2 will cause Company irreparable harm for which monetary damages are inadequate. You agree that Company is entitled to seek injunctive and other equitable relief against person, persons, and any organization who partook in said breach, in addition to any other remedies available at law or in equity, without the requirement to post bond and without the requirement to prove actual damages. The prevailing party in any action to enforce this Section 2 is entitled to recover reasonable attorneys’ fees and costs.

2.9 Survival and Severability

The obligations in this Section 2 survive completion or termination of any transaction and survive any termination of these Terms. If any provision of this Section 2 is held unenforceable, it will be modified to the minimum extent necessary to be enforceable and the remainder will remain in full force and effect.

3. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Company, its officers, members, employees, affiliates, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to your use of the Site or any Product, even if Company has been advised of the possibility of such damages. Company’s aggregate liability arising out of or relating to these Terms or any Product shall not exceed the greater of the amount you paid to Company for the Product giving rise to the claim in the twelve (12) months preceding the claim, or one hundred U.S. dollars ($100). Some jurisdictions do not allow the limitation of certain damages; in those jurisdictions, Company’s liability is limited to the maximum extent permitted by law.

4. Assumption of Risk and Indemnification

You acknowledge that dietary supplements may produce different effects in different individuals and that you assume all risks associated with your decision to use any Product. You shall indemnify, defend, and hold harmless Company and its officers, members, employees, affiliates, and agents from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use or misuse of any Product, your breach of these Terms, or your violation of any applicable law or third-party right.

5. Disclaimer of Warranties

The Site and all Products are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Company disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. Company does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components.

6. Governing Law, Venue, and Class Action Waiver

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or any Product shall be resolved exclusively in the state or federal courts located in El Paso County, Colorado, and the parties consent to the personal jurisdiction of those courts. You waive any right to participate in any class, collective, or representative action against Company. All disputes shall be resolved on an individual basis.

7. Changes to These Terms

Company may update these Terms from time to time by posting a revised version on the Site with an updated effective date. Material changes will be communicated by reasonable means, which may include email or a notice on the Site. Your continued access to the Site or use of Products after the effective date of a revision constitutes acceptance of the revised Terms.

8. Severability and Entire Agreement

If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to be enforceable, and the remaining provisions shall remain in full force and effect. These Terms, together with any policies expressly incorporated by reference, including the Privacy Policy and any product-specific terms, constitute the entire agreement between you and Company regarding the subject matter and supersede all prior or contemporaneous communications.

9. Contact

Questions regarding these Terms may be sent through the contact form on www.theheroprotocol.com, or at info@theheroprotocol.com.