Last updated: [June 2025]
Welcome to the DO THE THING® community, we are so happy that you are here! We hope that our website, dothething.org (“Site”), our DO THE THING Challenges (the “Do The Thing Challenge”), and our community of amazing individuals inspires you to seize opportunities to “do the thing” in your own life.
Before we get too far ahead of ourselves, these Terms of Service (“TOS”) are the rules for our Site and Do The Thing Challenge. You permitted to use Site and participate in the Do The Thing Challenge on the condition that you accept and abide by our TOS and our Privacy Policy, available at: https://dothething.org/privacy-policy/ (“Privacy Policy”) as such terms as updated from time to time. Participation in any of our discussion groups, chat groups, cohorts, or similar communities are subject to specific community standards or group rules that are posted within the applicable community, and incorporated here by reference.
Just to be clear, by using and accessing the Site and/or participating in any Do The Thing Challenge or Program, you are agreeing to be bound by the terms and conditions of these TOS and our corresponding Privacy Policy in addition to any program-specific agreement you have with us. If you do not agree to the terms of these TOS or our website’s Privacy Policy, do not use or access the Site or participate in any Do The Thing Challenge or Program.
In addition, you are also agreeing to certain provisions that govern how disputes between us are resolved, including arbitration, a jury trial waiver and a class action waiver.
THE PURPOSE OF THE DO THE THING SITE
The Site features content and information to inspire you to DO THE THING yourself (the “Intended Purpose”). On our Site, you can find information about our DO THE THING philosophy, as well as podcast episodes and a signup portal for the Do The Thing Challenge. You can also show your love for DO THE THING by purchasing swag in our online store.
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, affiliate links, and any applicable passwords (“Access”). You are solely responsible for any and all activities or actions that occur under your Access, whether you are using the Site or a third-party service. You acknowledge and agree that we have the right to monitor the Site and your Access electronically from time to time, and to disclose any information that we deem necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect our users, affiliates, partners and contracted parties, as discussed in further detail in our Privacy Policy. To maintain our community standards, we will limit or disable Access that violates these TOS, any other contractual obligations to have to us, or violates community standards or group rules, as determined in our sole discretion, and you will not receive a refund due to such restricted Access.
RESTRICTIONS
DON’T do these things!
Do not use the Site or content within the Site for illegal or prohibited purposes. You agree to use the Site and the content within the Site only for the Intended Purpose. As one of the conditions of your use of the Site, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site or content within the Site in any manner that is prohibited by these TOS, or which is illegal or prohibited by applicable law.
Do not break the law while using this Site or while participating in DO THE THING activities (like the Do The Thing Challenge). You agree that you will not violate any laws or regulations while using the Site or while participating in DO THE THING activities (like the Do The Thing Challenge). To be clear, the Site, content within the Site, or a particular Do The Thing Challenge may recommend or suggest a course of action or activity – DO NOT DO IT unless it is legal and does not violate the laws and regulations that are applicable to you. You also agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data and personally identifiable information.
Do not use the Site or participate in DO THE THING activities (like the Do The Thing Challenge) if you are under the age of 18 or incapable of giving legal consent. The Site and Do The Thing Challenge is not for, or meant to be accessed by, minors. You must be at least the age of 18 to use the Site and/or participate in the Do The Thing Challenge. 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.
Do not Contact us with inappropriate messages or use your Access to send inappropriate messages to others. You specifically acknowledge and agree that any communications sent to us through the methods listed under the “Contact” tab of the Site (https://dothethingpodcast.com/contact/) will be appropriate and reasonably related to either the Site, the Do The Thing Challenge, purchases from our swag store, 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.
Don’t use the Site or participate in the DO THE THING community or Do The Thing Challenge if we previously banned you from such participation. If you have been banned, suspended, or prohibited from using the Site or participating in the DO THE THING community or Do The Thing Challenge in the past, or if you have been banned from using any of our other products and services, you may not use the Site or participate in the DO THE THING community or Do The Thing Challenge, even if such use is under a different account, name, or username.
You specifically agree that you WILL NOT do any of the following:
Use the Site, Access, or Do The Thing Challenge 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, Access, or Do The Thing Challenge 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, Access, or Do The Thing Challenge 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, Access, or Do The Thing Challenge to “stalk” or otherwise harass another.
Use the Site, Access, or Do The Thing Challenge to collect or store personally identifying information about others without their permission.
During your use of the Site, Access, or participation in Do The Thing Challenge, 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, Access, or participation in Do The Thing Challenge, defame any person or entity.
During your use of the Site, Access, or participation in Do The Thing Challenge, lie or make a material misrepresentation.
When using the Site, Access, contacting us or members of the DO THE THING community, or signing up for the Do The Thing Challenge, use misleading email address or enter false and/or misleading information.
Use the Site, Access, or Do The Thing Challenge 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). For avoidance of doubt, this also include posting of affiliate links for any product or service without the express written consent of us.
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 or features of the Site.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Use the Site, Access, or Do The Thing Challenge to upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking.
Use the Site, Access, or Do The Thing Challenge 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.
Use the Site, Access, or Do The Thing Challenge 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 including affiliate links for any products or services. Use the Site, Access, or Do The Thing Challenge 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 or Do The Thing Challenge.
Use automated means, including spiders, robots, crawlers, or the like to download data from any of our databases or make use of information on the Site for purposes of training any large language model or neural net or similar technology. Conduct your own contests and promotions using the Site or Do The Thing Challenge, or use the Site, Access, or Do The Thing Challenge 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 or through your participation in the Do The Thing Challenge
Incorporate information or content or community participant information from the Site or Do The Thing Challenge into any email or “white pages” products or services.
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 and/or Do The Thing Challenge, 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 and/or Do The Thing Challenge.
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.
Use the Site or Do The Thing Challenge to cause harm to anyone.
Make the Site or Do The Thing Challenge available to any third-party without our explicit written consent.
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.
Violate these TOS.
USER CONTENT
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 (collectively referred to herein as “Your Content”). Your Content includes, but is not limited to, content you provide and/or create during your participation in the Do The Thing Challenge.
Representations and Warranties. By providing Your Content to us directly, through the Site, through the Do The Thing Challenge, or on or through your involvement with the DO THE THING community, you represent and warrant that the (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 cause others to violate, these TOS.
Your Rights in Your Content. You retain any rights you have to Your Content, and you are solely responsible for protecting those rights. However, when you provide us with Your Content either directly, on or through the Site, on or through your participation the Do The Thing Challenge, or on or through your involvement in the DO THE THING community, you grant us the right and license to use Your Content in connection with our Site, our business (including our marketing and advertising efforts for DO THE THING and the Do The Thing Challenge), the DO THE THING podcast and Do The Thing Challenge, our social media accounts, and/or any products or services that you have requested from us. No compensation will be paid with respect to our use of Your Content.
Removal of Your Content. We are under no obligation to post or 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 and any of our other websites or social media accounts. This includes removing podcasts which you are featured on from not only our Site, but also from Apple’s podcast app and from our other accounts. We reserve the right to prohibit anyone found to be violating these TOS (including users who submit inappropriate content to us) from using the Site and participating in the DO THE THING community and Do The Thing Challenge.
Our Disclaimers Regarding Your Content. We do not own or control the content of other members of the DO THE THING community. We specifically disclaim any liability with regard to Your Content and the content of other users of the Site, other participants in the Do The Thing Challenge 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.
Limitations on Content. Materials and content downloaded and uploaded through the Site 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.
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 is 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: admin@dothethingformula.com
OUR INTELLECTUAL PROPERTY
Acknowledgement of Ownership of Our IP. You acknowledge and agree that the overall look and feel of the Site, all copyrights, patents, trademarks, trade secrets and other intellectual property rights related to the Site and the DO THE THING podcast, and all content, materials, information, and data contained within Site, our DO THE THING podcast and our related marketing materials (except for your Content) are, and shall remain, our sole and exclusive property (the “Our IP”). Specifically, you acknowledge that the entire contents and design of the DO THE THING podcast are our property, or are used with permission, and are protected under copyright, trademark, and other intellectual property laws.
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 Site and Our IP solely in strict accordance with the terms of these TOS. Specifically, you may only use Our IP (including the DO THE THING podcast) for personal or other non-commercial, educational purposes. No other use, including, without limitation, reproduction, retransmission or editing, of Our IP (including the DO THE THING podcast) may be made without our prior written consent, which may be requested by contacting the us legal@dothething.org. This license and your right to use the Site and Our IP immediately terminates if you are banned from participation in the DO THE THING community and/or upon the termination of these TOS, which we may do at any time, for any reason. To be clear, you shall immediately cease use of Our IP (i) if you are banned from the DO THE THING community, or (ii) we terminated these TOS.
Reservation of Rights. We reserve any rights not expressly granted herein.
THIRD-PARTY SERVICES
We may display, include, or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services on our Site (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 in connection with paying the sign-up fee for the Do The Thing Challenge. Thus we encourage you to read Shopify and Stripe’s own terms of service and privacy policy, available at https://www.shopify.com/legal/terms and https://stripe.com/legal/ssa.
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 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.
YOUR SUGGESTIONS
Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to us with respect to the Site, Do The Thing Challenge, 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.
FEES FOR THE Do The Thing Challenge
In order to sign up for the Do The Thing Challenge, there is a one-time fee (the “Fee”). We use Stripe 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 the Do The Thing Challenge or any Program, we will not return the Fee to you.
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 (including the DO THE THING podcast), or any service to which it connects, with or without notice, and without liability to you. Likewise, we reserve the right to temporarily or permanently modify, suspend, or discontinue the Do The Thing Challenge. We may also terminate, suspend or cancel your access to the Site, the Do The Thing Challenge, and/or any content or information on the Site, 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 DO THE THING community, 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 DO THE THING community. 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 DO THE THING community to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Site and/or the DO THE THING community, and (ii) subject to the terms and conditions of these TOS.
TERMINATION/ACCESS RESTRICTION
We reserve the right to terminate your access to any or all of the Site, the DO THE THING community, and/or the Do The Thing Challenge at any time, without notice, for any reason whatsoever. 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.
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 your: (a) use of the Site; (b) participation in the Do The Thing Challenge; (c) violation of these TOS or any law or regulation; (d) use of the Third-Party Services; (d) Your Content; (e) violation of any right of a third-party, including but not limited to the infringement of another’s intellectual property rights; and (f) use of, or your participation in, the DO THE THING community.
NO WARRANTIES
Disclaimer of Warranties: Podcast Guests. 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.
Disclaimer of Warranties: The Do The Thing Challenge. We may make suggestions or provide opinions and advice during the Do The Thing Challenge. The information, opinions, advice and recommendations presented during the Do The Thing Challenge are for your personal and educational use and are for your general information purposes only. 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, suggestions or opinions communicated to you through the Do The Thing Challenge does not constitute legal, medical, financial, or professional advice. The methods and means of improvement that we discuss during the Do The Thing Challenge are subjective and not guaranteed to produce any positive results. Training and certification programs offered by us, our owners, agents, contractors, or employees, are for general professional development and not an offer of employment or a guarantee of any future business opportunity, income stream, or career. 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 Challenge OR THE INFORMATION PRESENTED THEREIN.
YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATING IN THE DO THE THING CHALLENGE IS A RISK, THAT YOU PARTICIPATE IN THE DO THE THING CHALLENGE AT YOUR OWN RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY EVENTS OR ACTIONS THAT OCCUR (OR DO NOT OCCUR) AS A RESULT OF YOUR PARTICIPATION IN THE DO THE THING CHALLENGE.
Disclaimer of Warranties: The Site and in General. The Site is 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, 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 makes no representation of any kind that the Site and/or the content on the site (including but not limited to the DO THE THING podcasts) 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, the DO THE THING podcast, the Third-Party Services, or the information, content, and materials or products included thereon; (ii) that the Site, the DO THE THING podcast, 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, DO THE THING podcast, and the Third-Party Services; or (iv) that the Site, DO THE THING podcast, 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.
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, for loss of Your Content or for loss of other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Site, for damage or losses caused by your use of the content on the Site such as Our IP, for damages caused by the Third-Party Services, third-party software and/or third-party hardware used with the Site, for damages caused by any conduct of any user of the Site or member of the DO THE THING community, for damages caused by your use of any information, materials, or content obtained from or through us or through the Site, for damages caused by another’s unauthorized access, use or alteration of your transmissions or content, or for damages otherwise caused in connection with our Site and/or the Do The Thing Challenge), even if we have been 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 year of discovery or shall be forever barred.
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.
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 be the waiver of a breach constitute waiver of any subsequent breach.
AMENDMENTS TO THESE TOS
We reserve the right, at its sole discretion, to modify or replace these TOS at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. We will post the notice of the changes on the homepage of our Site, for seven days after making the changes. By continuing to access or use the Site after any revisions become effective, you agree to be bound by the revised terms.
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.
ARBITRATION, JURY TRIAL & CLASS ACTIONS
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, your participation in the Do The Thing Challenge, 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.
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.
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 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.
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 Do the Thing, 325 West Washington St., Suite 2-380, San Diego, CA 92103, c/o US IP Attorneys 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 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.
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.
MISC. PROVISIONS
Entire Agreement.
The TOS constitutes the entire agreement between you and us regarding your use of the Site and your participation in the Do The Thing Challenge and DO THE THING community.
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 or participation in the Do The Thing Challenge or and Do The Thing Programs.
Entire Agreement/Severability.
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. Unless otherwise specified herein, these TOS constitutes the entire TOS between the you and us with respect to the Site, the Do The Thing Challenge, and the DO THE THING community, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site, the Do The Thing Challenge, and the DO THE THING community.
Form of TOS/Language of TOS.
A printed version of these TOS and of 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 to the parties that these TOS and all related documents be drawn up in English.
Contact Information
If you have any questions about these TOS, please contact us at: legal@dothethingformula.com
