Terms of Service

1. No use of the Site for illegal or prohibited purposes.

You agree to use 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, and you will not encourage others to use, the Site (including the content provided to you through the Site) in any manner that is prohibited by these TOS, or which is illegal or prohibited by applicable law. You further agree that you will not violate any laws or regulations while using the Site. This includes laws regarding the transmission of technical data and personally identifiable information.

2. Do not use the Site if you are under the age of 18, incapable of giving legal consent, or not human.

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. 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 and that you are human. Machine learning modules may NOT use the Site or content on our Site (including but not limited to the SL IP, defined below) unless we give our express, prior, written consent.

3. Do not Contact us with inappropriate messages.

You specifically acknowledge and agree that any communications sent to us will be appropriate and reasonably related to either the Site, the Programs, 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.

4. Do not use the Site if we previously banned you.

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

5. Do not do any of the following while using the Site:

• 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.
• 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.
• 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.
• “stalk” or otherwise harass another or cause intentional harm to another.
• 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.
• impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
• defame any person or entity.
• lie or make a material misrepresentation, including but not limited to using a misleading email address or username or entering false and/or misleading information into the Site.
• 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 or features or content on the Site.
• upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking or that constitutes unsolicited or unauthorized advertising, including using the Site to send promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to others.
• 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.
• 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, or 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 automated means, including spiders, robots, crawlers, or the like to download data from the Site or any of our databases.
• conduct your own contests and promotions using the Site, unless it is with our explicit written consent.
• resell, repackage, or provide others with content or materials that you received through the Site.
• incorporate information or content from the Site into any email or “white pages” products or services.
• engage in copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping,” or use 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.
• 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, 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.
• interfere with or disrupt the Site or servers or networks connected to the Site.
• 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 (or any feature of the Site or content within the Site) available to any third-party without our explicit written consent.
• violate these TOS.

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 to the Site, or otherwise display or use during the Programs.

2. Representations and Warranties.

By providing Your Content to us directly, 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.

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. 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, the Programs, and our other websites or social media accounts.

5. Our Disclaimers Regarding Your Content.

We do not own or control the content of other users of the Site, and we do not control the content of other members of the DO THE THING community. We specifically disclaim any liability with regard Your Content, the content of other users of the Site, and the content submitted, posted, or displayed by other participants in the Programs and the DO THE THING community. THE CONTENT AND VIEWS OF OTHER USERS AND MEMBERS OF THE SITE AND THE DO THE THING COMMUNITY DO NOT NECESSARILY REFLECT OUR VIEWS.

6. Limitations on Content.

Materials and content downloaded and uploaded through the Site and the Programs 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.

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 DO THE THING), trade secrets, and other intellectual property rights related to the Site, the Programs, our marketing materials, and all content, materials, information, and data contained within the Site, are, and shall remain, our sole and exclusive property (“Our IP”). Our 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 Our 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 Our IP to access and use the Site and the Programs 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 Our IP may be made without our prior written consent, which may be requested by contacting us. This license and your right to use Our IP immediately terminates if you are banned from the Site, if you are banned from participation in the Programs or the DO THE THING community, 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 Site or from participation in the Programs; (ii) if you are otherwise banned from the DO THE THING community, or (iii) we terminated these TOS.

3. Reservation of Rights.

We reserve any rights not expressly granted herein.

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, your participation in the Programs, 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 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 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.

1. Entire Agreement/Severability.

These TOS constitutes the entire agreement between you and us regarding your use of the Site. These TOS supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site. 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, your use of the Site, or your participation in the Programs.

3. Form of TOS/Language of TOS.

This 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.

4. Contact Information.

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