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Legal

Terms of Service

Last updated: June 2026

Welcome to the DO THE THING community, we are so happy that you are here! Our hope is that our website (dothethingformula.com, or the “Site”), events and challenges (“Challenges”), bank of challenges (“Challenge Bank”), and community of amazing individuals inspire you to seize opportunities to “do the thing” in your own life.

Before we get too far ahead of ourselves, we want to make sure we explain the rules for our Site, Challenges, and Challenge Bank, which are described here in our Terms of Service (“TOS”). You are permitted to use the Site, participate in the Challenges, and access our Challenge Bank on the condition that you accept and abide by our TOS and our Privacy Policy (“Privacy Policy”) without modifications.

Just to be clear, when you access our Site, participate in Challenges, or use our Challenge Bank, you are agreeing to be bound by the terms and conditions of these TOS and our corresponding Privacy Policy. In other words, these TOS are a legal agreement between you and us. If you do not agree to the terms of these TOS or our website’s Privacy Policy, please do not access the Site, participate in Challenges, or use the Challenge Bank.

In addition, please be advised that these TOS contain provisions that govern how disputes between us are resolved, including arbitration, a jury trial waiver and a class action waiver. THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS, INCLUDING WAIVING A RIGHT TO A JURY TRIAL AND AGREEING TO PARTICIPATE IN ARBITRATION.

1. The Purpose of the Site, Challenges, and Challenge Bank

Our Site, Challenges, and Challenge Bank feature content and information to inspire you to DO THE THING yourself and participate in exciting new ventures (our “Intended Purpose”). On our Site, you can find information about our DO THE THING philosophy, as well as podcast episodes, our DO THE THING swag store, and our Challenge Bank.

2. Security & Monitoring

DO THE THING and be responsible for your life, and your digital security!

You are solely responsible for maintaining the security of your computer, browser, mobile device, and any applicable passwords. You agree to accept responsibility for all activities and actions that occur under your computer, browser, mobile device and passwords. You acknowledge and agree that we have the right to monitor the Site and your use of the Site (including your use of the Challenge Bank) electronically from time to time, and to disclose any information that we deem necessary to operate the Site, satisfy any law, regulation or other governmental request, or to protect our users, affiliates, partners and contracted parties.

3. Restrictions

DON’T do these things!

1. Don’t use the Site, the Challenges, or the Challenge Bank for illegal or prohibited purposes.

You agree to use the Site, Challenges, and our Challenge Bank only for the Intended Purpose. As one of the conditions of your use of the Site, Challenges, and Challenge Bank, you represent, warrant and agree that you will not use, and you will not encourage others to use, the Site, Challenges, Challenge Bank (including the content provided to you through the Site, Challenges, and Challenge Bank) in any manner that is prohibited by these TOS, or which is illegal or prohibited by applicable law.

2. Do not break the law while using the Site, Challenges, or Challenge Bank.

You agree that you will not violate any laws or regulations while using the Site or Challenge Bank, or while participating in Challenges. This includes laws regarding the transmission of technical data and personally identifiable information. While the Site or a Challenge may recommend or suggest a course of action or activity, DO NOT DO IT unless it is legal and you are comfortable with this action or activity. We are not responsible if a particular Challenge is not legal in your jurisdiction. Challenges led by others and Challenges in our Challenge Bank are provided to you AS-IS, without any representation of legality.

3. Do not use the Site or participate in Challenges if you are under the age of 18 or incapable of giving legal consent.

The Site is not for, or meant to be accessed by, minors. You must be at least the age of 18 to use the Site and participate in Challenges. You represent and warrant that you are over the age of 18 and you have the full right, power and authority to enter into these TOS and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these TOS.

4. Do not contact us with inappropriate messages.

You specifically acknowledge and agree that any communications sent to us through the methods listed under the “Contact” tab of the Site will be appropriate and reasonably related to either the Site, Challenges, or the DO THE THING community. You also agree that all communications sent to us will be respectful of others and otherwise abide by the terms of these TOS.

5. Don’t use the Site, participate in the DO THE THING community, or attend Challenges if we previously banned you from such participation.

If you have been banned, suspended, or prohibited from using the Site, participating in the DO THE THING community, or attending Challenges in the past, you may not use the Site, participate in the DO THE THING community, or attend Challenges, even if such use is under a different account, name, or username.

6. You specifically agree that you WILL NOT do any of the following:

  • Use the Site, Challenge Bank, or Challenges to upload, post, email, otherwise transmit, or post links to any content, or select any username or email address, that is misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  • Use the Site, Challenge Bank, or Challenges to upload, post, email, otherwise transmit, or post links to any content or information that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  • Use the Site, Challenge Bank, or Challenges to upload, post, email, otherwise transmit, or post links to any content or information that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age without parental consent.
  • Use the Site, Challenge Bank, or Challenges to harm, “stalk” or otherwise harass, or defame another.
  • Use the Site, Challenge Bank, or Challenges to collect or store personally identifying information about others without their permission, or harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • During your use of the Site or Challenge Bank, or during your participation in Challenges, impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
  • During your use of the Site or Challenge Bank, or while hosting or participating in Challenges, make any medical, therapeutic, or financial promises or claims.
  • Use the Site, Challenge Bank, or Challenges to lie or make a material misrepresentation, which includes but is not limited to using misleading email addresses or providing false and/or misleading information to us or others in the DO THE THING community.
  • Use the Site, Challenge Bank, or Challenges to upload, post, email, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Site, features of the Site, or the Challenge Bank.
  • Use the Site, Challenge Bank, or Challenges to upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking.
  • Use the Site, Challenge Bank, or Challenges to upload, post, email, otherwise transmit, or post links to any content or information that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
  • Remove, alter, or obscure any of our proprietary notices (including any notice of copyright or trademark) or the proprietary notices of our affiliates or partners.
  • Use the Site, Challenge Bank, or Challenges to upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  • Use the Site, Challenge Bank, or Challenges to upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site, Challenge Bank, or Challenges.
  • Conduct your own contests and promotions using the Site, Challenge Bank, or Challenges, unless it is with our explicit written consent, or use the Site, Challenge Bank, or Challenges to upload, post, email, otherwise transmit, or post links to any information regarding any raffle, contest or game requiring a fee by participants without our explicit written consent.
  • Resell, repackage, or provide others with content or materials that you received through the Site, Challenge Bank, or Challenges.
  • Engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser, unless said system is by an API that is specifically approved of by us.
  • Interfere with or disrupt the Site, Challenge Bank, or Challenges, or servers or networks connected to the Site.
  • Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with the Site, Challenge Bank, or Challenges or use, or cause to be used, machine learning models to upload, download, review, store, process, or otherwise use content or information on the Site, Challenge Bank, or Challenges.
  • Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive or contrary to the spirit of these TOS.
  • Make the Site, Challenge Bank, or Challenges available to any third-party without our explicit written consent.
  • Violate these TOS.

4. Your Content

1. You are responsible for Your Content.

You are responsible for information, text, graphics, photographs, videos, audio, or other material that you provide to us, our partners, and the DO THE THING community (“Your Content”). Your Content includes, but is not limited to, content you own and upload into the Challenge Bank.

2. Representations and Warranties.

By providing Your Content to us directly (for example, you upload a challenge into the Challenge Bank), you represent and warrant that (i) Your Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these TOS, (ii) Your Content does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity, (iii) Your Content is accurate and true to the best of your knowledge, (iv) Your Content does not defame anyone, (v) Your Content is not intended to harm any other person, and (vi) the provision of Your Content to us and/or to the members of the DO THE THING community neither violates, nor causes others to violate, these TOS.

3. Your Rights in Your Content.

You retain the rights you have to Your Content, and you are solely responsible for protecting those rights.

4. Your Content and the Challenge Bank.

When you provide us with Your Content by posting, uploading, or submitting it to the Challenge Bank, you grant us and the other Challenge Bank users a non-revocable license to copy, distribute, perform, display, and otherwise use Your Content to host Challenges. No compensation will be paid with respect to our use of Your Content. You may remove Your Content from the Challenge Bank at any time, but you acknowledge and agree that (i) other users may also remove their content and Challenges as well; and (ii) while you may remove Challenges/content which you own from the Challenge Bank, other users may still be distributing, performing, displaying, and otherwise using these Challenges/Content, which is allowed under these TOS and is not an infringement of your rights in Your Content.

5. Removal of Your Content.

We are under no obligation to display, perform, or otherwise use any of Your Content that you provide to us, and we, in our sole discretion, may remove any of Your Content from the Site, Challenge Bank, and any of our other websites or social media accounts for any reason or for no reason. This includes removing DO THE THING podcast episodes in which you are featured and removing Challenges you have uploaded into our Challenge Bank.

6. Our Disclaimers Regarding Your Content.

We do not own or control the content of other users of the Challenge Bank, and we do not control the content of other members of the DO THE THING community. We specifically disclaim any liability with regard to Your Content, the content of other users of the Site, the content of other users of the Challenge Bank (including Challenges/content posted by others), and the content submitted, posted, or displayed by other participants in Challenges and other members of the DO THE THING community. Please also note that the views of other users and members of the DO THE THING community do not necessarily reflect our views.

7. Limitations on Your Content and restrictions on claims made in Challenges.

Materials and content downloaded and uploaded through the Site and Challenge Bank may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download any content or other materials. Challenges may only be posted to the Challenge Bank if they focus on personal and/or professional growth and support. If you upload a Challenge into the Challenge Bank, you agree that the Challenge shall not make any medical, therapeutic, or financial promises or claims. Similarly, if you are using a Challenge from the Challenge Bank (for example, to host an event), you agree that you shall not make any medical, therapeutic, or financial promises or claims.

5. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that content on the Site infringes on the copyright or other intellectual property rights of any person or entity.

DMCA Compliance & Notice. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent listed below with the following information in writing (see 17 U.S.C 512(c)(3) for further detail). To expedite our ability to process your request, please use the following format:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and where it is located within the Site;
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

DMCA Counter Notice.If you disagree that your Content is an infringement of another’s work, you may elect to send us a counter notice. To be effective, your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process your request, please use the following format:

  • A physical or electronic signature of the subscriber.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that the subscriber has 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.
  • The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these TOS. These TOS are not legal advice, and we are not attorneys or copyright experts. Please consult with your legal representative if you believe your rights are being infringed, or if you wish to respond to an infringement notice. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.

You can contact our Copyright Agent via email at support@dothethingformula.com, or via mail at 54 Spinnaker Way, Coronado CA 92118.

6. Our Intellectual Property

1. Acknowledgement of Ownership of Our IP.

You acknowledge and agree that the overall look and feel of the Site, all copyrights, patents, trademarks (including the DO THE THING brand), trade secrets, and other intellectual property rights related to the Site, the Challenges we created or own, the DO THE THING podcast, our marketing materials, and all content, materials, information, and data contained within the Site, are, and shall remain, our sole and exclusive property (the “DTT IP”). The DTT IP is protected under copyright, trademark, and other intellectual property laws and shall not be used without our explicit written permission. You acknowledge and agree we own the DTT IP.

2. Limitation of Uses of Our IP and Grant of Limited License.

We grant you a revocable, non-exclusive, non-transferable, limited license to use the DTT IP to access and use the Site, Challenge Bank, and Challenges for the Intended Purpose and solely in strict accordance with the terms of these TOS. No other use, including, without limitation, reproduction, retransmission or editing, of DTT IP may be made without our prior written consent, which may be requested by contacting us. This license and your right to use the DTT IP immediately terminates if you are banned from participation in the Site, Challenge Bank, Challenge participation, or the DO THE THING community, or upon the termination of these TOS, which we may do at any time, for any reason. Upon the dissolution of DO THE THING this license and your right to use the DTT IP also immediately terminates.

3. Reservation of Rights.

We reserve any rights not expressly granted herein.

7. Challenge Bank

Our Challenge Bank is a unique feature we offer to our users who wish to host or create Challenges. Users can upload their own Challenges into the Challenge Bank, and then others can use those Challenges for their own hosted events. Please note that our Challenge Bank is constantly changing — Challenges may be added, modified, or deleted from the Challenge Bank (either by us or by the owner of the Challenge) at any time, so check in often and do not rely on the Challenges to be in our Challenge Bank permanently!

You specifically acknowledge and agree that content and Challenges in the Challenge Bank may be removed, modified, or deleted, either by us at our sole discretion, or by the owner of such content. You further agree that we shall not be held responsible for the deletion or modification of Challenges or content in the Challenge Bank.

8. Third-Party Services

The Site or Challenge Bank may display, include, or make available third-party content, including data, information, applications, other products, services, and links to third-party websites or services (collectively, the “Third-Party Services”). Our inclusion of third-party links, content or services does not imply that we endorse such third-parties.

Specifically, we use a Third-Party Service for our online swag store (Shopify). If you purchase something through our swag store, Shopify processes and fulfills the order (we do not). We also use Stripe and Whop in connection with collecting the Fees described below. Thus we encourage you to read Shopify’s and Stripe’s own terms of service and privacy policy, available at https://www.shopify.com/legal/terms and https://stripe.com/legal/ssa and https://whop.com/tos/.

You acknowledge and agree that we do not control the third-party sites, links, or content. You further agree that we shall not be directly or indirectly responsible or liable for any damage or loss caused, or alleged to be caused, by any Third-Party Services, including the Third-Party Services’ accuracy, completeness, timeliness, validity, copyright compliance, use of your personal information or Your Content, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. We strongly recommend that you review Third-Party Services’ terms and conditions and applicable privacy policies.

9. Your Suggestions

Any feedback, comments, ideas, improvements, or suggestions (“Suggestions”) provided by you to us with respect to the Site, Challenges, or DO THE THING community shall remain our sole and exclusive property. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

10. Fees

In order to sign up for Challenges or access the Challenge Bank, there is a fee of ______________ (the “Fee”). We use Whop to process the Fee. You acknowledge and agree that the Fee is non-refundable. Just so we are on the same page, after you pay the Fee, even if you choose not to participate in Challenges or use the Challenge Bank, we will not return the Fee to you.

11. Modifications & Updates

We reserve the right to temporarily or permanently modify, suspend, or discontinue the Site, the content, materials, data and/or information found within the Site, any service connected to the Site, with or without notice, and without liability to you. Likewise, we reserve the right to temporarily or permanently suspend, remove, or discontinue Challenges and/or content in the Challenge Bank (including but not limited to Your Content). We may also terminate, suspend or cancel your access to the Site, Challenges, the Challenge Bank and/or any content or information within the Site or Challenge Bank, if you violate the terms of these TOS.

We may also provide enhancements or improvements to the features/functionality of the Site and/or the Challenge Bank, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the Site and/or the Challenge Bank. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Site and/or the Challenge Bank to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Site and/or the Challenge Bank, and (ii) subject to the terms and conditions of these TOS.

12. Termination/Access Restriction

We reserve the right to terminate your access to any or all of the Site, the Challenge Bank, and/or Challenges at any time, without notice, for any reason whatsoever (including but not limited to violating these TOS and submitting inappropriate content to us). We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

13. Indemnification

You agree to indemnify and hold us and our affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of: (a) your use of the Site; (b) your use of the Challenge Bank or your use of content found within the Challenge Bank; (c) your participation in Challenges or your hosting of Challenges; (d) violation of these TOS or any law or regulation; (e) use of the Third-Party Services; (f) Your Content; and (g) violation of any right of a third-party, including but not limited to the infringement of another’s intellectual property rights.

14. No Warranties

1. Disclaimer of Warranties: Podcasts.

Our DO THE THING podcast features numerous speakers with different views and opinions. Our inclusion of certain guests on our podcast does not imply that we endorse these speakers’ views, opinions, or advice. You acknowledge and agree that we make no warranty, guarantee, or representation as to the accuracy or sufficiency of the information featured in the DO THE THING podcast. The information, opinions, advice and recommendations presented in our DO THE THING podcast are for general information only, and you agree that any reliance on such information, opinions, advice or recommendations is done at your own risk. You further acknowledge and agree that the information communicated through the DO THE THING podcast does not constitute legal, medical, or professional advice. TO BE CLEAR, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, REFERENCE TO, RELIANCE ON, OR INABILITY TO USE, THE DO THE THING PODCAST OR THE INFORMATION PRESENTED THEREIN.

2. Disclaimer of Warranties: Participating in, and Hosting of, Challenges.

Challenges and content within the Challenge Bank may contain suggestions, advice, recommendations, and opinions. These suggestions, advice, recommendations, and opinions are for your personal and educational use and are for your general information purposes only. You agree that any reliance on such suggestions, advice, recommendations, and/or opinions is done at your own risk. You further acknowledge and agree that the suggestions, advice, recommendations, and/or opinions communicated to you through Challenges and/or the Challenge Bank do not constitute legal, medical, or professional advice. These suggestions, advice, recommendations, and/or opinions are subjective and not guaranteed to produce any positive results. TO BE CLEAR, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF, OR RELATING TO, YOUR USE OF, REFERENCE TO, RELIANCE ON, OR INABILITY TO USE, CHALLENGES, THE CHALLENGE BANK, OR THE CONTENT CONTAINED THEREIN. YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATING IN AND HOSTING CHALLENGES IS A RISK AND IS DONE AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY EVENTS OR ACTIONS THAT OCCUR (OR DO NOT OCCUR) AS A RESULT OF YOUR PARTICIPATION IN, OR HOSTING OF, A CHALLENGE.

3. Disclaimer of Warranties: The Site and Challenge Bank.

The Site, Challenge Bank, and the Challenges and content in the Challenge Bank are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our partners, respective licensors, and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Site, Challenge Bank, and Challenge/content in the Challenge Bank, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind, that the Site, Challenge Bank, Challenges, and content therein will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, we do not make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Site, Challenges, the Challenge Bank, the Third-Party Services, or the information, content, and materials or products included thereon; (ii) that the Site, Challenges, Challenge Bank, and the Third-Party Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, materials, or content provided on or through the Site, Challenges, Challenge Bank, and the Third-Party Services; or (iv) that the Site, Challenges, Challenge Bank, and Third-Party Services, the corresponding servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. You acknowledge and agree that the Challenge Bank and the Challenges within the Challenge Bank may be modified, deleted, or otherwise removed at any time, for any reason.

15. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we be liable for any special, incidental, indirect, or consequential damages whatsoever, including, but not limited to damages for:

  • loss of profits, for loss of data;
  • loss of Your Content or for loss of other information valuable to you;
  • business interruption;
  • personal injury;
  • loss of privacy arising out of your use of the Site or the Challenge Bank, or your participation in Challenges;
  • losses caused by your use of the content on the Site or Challenge Bank (such as Our IP);
  • losses caused by the Third-Party Services, third-party software and/or hardware;
  • losses caused by any conduct of any user of the Site, Challenge Bank, or Challenge participant;
  • losses caused by your use of any information, materials, or content obtained from or through us;
  • losses caused by another’s unauthorized access, use or alteration of your transmissions or content;
  • losses otherwise caused in connection with our Site, Challenge Bank, and/or Challenges, even if we were advised of the possibility of such damages, and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If this exclusion or limitation of liability is held inappropriate or unenforceable for any reason, our maximum liability for any type of damages shall not exceed $100. All claims against us must be brought within one (1) year of discovery or shall be forever barred.

16. Severability

If any provision of these TOS is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

17. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these TOS shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

18. Amendments to These TOS

We reserve the right, at its sole discretion, to modify or replace these TOS at any time. By continuing to access or use the Site, Challenges, or Challenge Bank after any revisions become effective, you agree to be bound by the revised terms.

19. Email Notifications and Communications

You acknowledge and agree that if you provide us with your email address, you grant consent for us to send you notices related to the Site, including any notices required by law, in lieu of communication by postal mail. Therefore, you shall make sure the email address is current and accurate. If you do not want to receive legal notices through email messages, and prefer to receive legal notices by mail, please contact us and let us know.

20. Arbitration, Jury Trial & Class Actions

1. Arbitration.

Please read this Section carefully. It is part of your agreement with us, and it affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION. You agree that any dispute related to these TOS, your use of the Site and the Challenge Bank, your participation in Challenges, or any dispute related to your relationship with us or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, parents, shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), located in San Diego, California. The AAA Rules of Arbitration shall govern all aspects of the arbitration you bring, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. The AAA Rules of Arbitration are available on the AAA’s website, https://www.adr.org/Rules/. The arbitration shall be conducted by a single arbitrator, with the prevailing party to pay all costs and attorney fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

2. Jury Trial Waiver.

Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR RIGHT TO A JURY TRIAL. You hereby waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

3. Waiver of Class or Consolidated Actions.

Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR CLASS ACTION RIGHTS. ALL CLAIMS AND DISPUTES BETWEEN YOU AND US, OR YOU AND OUR AFFILIATES, DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, SUBSIDIARIES, PARENTS, MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

4. 30-Day Right to Opt Out.

You have the right to opt out of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of these TOS by sending written notice of your decision to opt out to 54 Spinnaker Way, Coronado CA 92118 within 30 days from the date that you first visited the Site. If you send this notice, then the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions will not apply and you must bring claims per the Section labeled “Governing Law,” below. If you do not send this notice, then you agree to be bound by the terms of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions in this Section. Agreeing to arbitration and waiving your rights to jury trial and class action participation is an important decision for you to make. It can shorten the litigation process and result in cost savings, but it also takes away certain rights, such as the right to a trial in front of your peers. Thus, please take time to carefully consider the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of these TOS. Since the information provided in these TOS is not intended to contain a complete explanation of the consequences of arbitration, class action or jury waiver, you may want to consult an attorney.

21. Governing Law

The laws of California, United States, excluding its conflicts of law rules, shall govern these TOS and your use of the Site. You consent to the personal jurisdiction of the courts located in San Diego, California. Your use of the Site may also be subject to other local, state, national, or international laws.

22. Misc. Provisions

1. Entire Agreement/Severability.

The TOS constitutes the entire agreement between you and us regarding your use of the Site, Challenges, and Challenge Bank (although you may be required to sign a waiver or other documents to participate in certain Challenges or hosted events), and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site, Challenges, and Challenge Bank. If any part of these TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect.

2. No Joint Venture/Partnership.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these TOS or your use of the Site, Challenge Bank, or participation in Challenges.

3. Form of TOS/Language of TOS.

This TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is also the express wish of the parties that these TOS and all related documents be drawn up in English.

4. Contact Information.

If you have any questions about these TOS, please contact us at support@dothethingformula.com.