TERMS OF USE

Please read these terms carefully before using this website. Using this website, including but not limited to visiting or shopping within the website, indicates that you accept these terms. If you do not accept these terms, do not use this website.

Fail Better Training LLC (“Fail Better Training” or “us” or “we”) takes the privacy of its customers very seriously and wants you to feel comfortable whenever you visit our websites, access our online services, or participate in our online offerings. For more information please visit Fail Better Training's Privacy Policy.

This document is an agreement between you and Fail Better Training that describes the terms of use (“TOU”) subject to which you may access and use the content and services offered on the websites operated by Fail Better Training or its affiliates, including but not limited to http://www.mystrongisbeautiful.com/ (collectively, the “FBT Sites”). The services and tools offered on some of the FBT Sites may be subject to additional terms and conditions described on the site or in an End-User License Agreement distributed with such services or tools. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE FBT SITES, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY.

Please note that Fail Better Training reserves the right to revise these TOU at any time by posting an update to this page. Your continued use of the FBT Sites following the posting of changes to these TOU will mean you accept those changes. Fail Better Training reserves the right, in its sole discretion, to determine if you have violated these TOU, and to take any action it deems appropriate. You acknowledge that Fail Better Training shall have the right to terminate your access to the FBT Sites for violations of any of these terms.

Content: The information on this site and in blog posts is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions about your health or any medical condition.

Personal, Non-Commercial Use: The FBT Sites and any materials provided on them are made available for your personal, non-commercial use only.

License and Site Access: Fail Better Training grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Fail Better Training and so long as: (i)you are eighteen (18) years of age or older; and (ii) you are not barred from receiving the products and Services offered on Fail Better Training under the laws of the United States. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fail Better Training. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fail Better Training and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Fail Better Training’s name or trademarks without the express written consent of Fail Better Training. Any unauthorized use terminates the permission or license granted by Fail Better Training. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Fail Better Training so long as the link does not portray Fail Better Training, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fail Better Training logo or other proprietary graphic or trademark as part of the link without express written permission.

In order to access some or parts of the FBT Sites, users may be asked to provide their name, e-mail address, mailing address, telephone number, and payment information, if applicable, and users will be responsible for maintaining the accuracy and completeness of such information. A user may be sent to a third party website to facilitate processing of payments in regard to book or other product purchases. Any third party website is subject to its own terms of use and privacy policy and the user should review the terms of use and privacy policy of that third party website before providing personal information.

User Content: Users may have the opportunity to upload various forms of content to the FBT Sites which may include, but not be limited to, information, data, text, reviews, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”). By submitting your Content, you give Fail Better Training a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content.

As a user of the FBT Sites you acknowledge that: (i) Fail Better Training may not pre-screen Content and, as such, Fail Better Training does not guarantee the accuracy, integrity, or quality of such Content; (ii) you will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content; (iii) you may be exposed to Content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will Fail Better Training be liable in any way for any Content posted by users of the FBT Sites, including, but not limited to, any errors or omissions in any such Content, or for any loss or damages or any kind incurred as a result of the use of any such Content.

If Fail Better Training is made aware of Content that may be: (i) libelous, obscene, excessively violent, scandalous, defamatory, or that Fail Better Training determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) holds Fail Better Training, its affiliates or third party content or product providers open to scorn or ridicule, Fail Better Training has the right, but not the obligation, to remove or disable access to such Content.

Copyright Infringement and Copyright Agent: Fail Better Training will, in circumstances it deems appropriate, terminate a user’s right to participate in any services offered by it, and/or remove or disable access to Content, if such Content is claimed to infringe the intellectual property rights of a third party.

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any FBT Site, please provide notice to Fail Better Training Copyright Agent including the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
2. A description of the copyrighted work(s) that you claim have been infringed and identification of the work(s) you claim are infringing and which you request to be removed or access to which is to be disabled.
3. A description of where the material that you claim is infringing is located on the FBT Site.
4. Information sufficient to permit Fail Better Training to contact you, such as your physical address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the use of the material identified in your notice, in the manner complained of, is not authorized by the copyright owner, its agent, or the law.
6. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Fail Better Training Copyright Agent can be reached as follows:

By mail:
Copyright Agent
Fail Better Training

PO BOX 670

York, ME 03909

By email: [email protected]

YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON A FBT SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES.

User Responsibilities and Conduct: The user shall (i) be responsible for its compliance with this agreement; (ii) be solely responsible for the accuracy, quality, integrity and legality of any Content submitted by the user; and (iii) use reasonable efforts to prevent unauthorized access to or use of the Content, and notify Fail Better Training promptly of any such unauthorized access or use. The user represents and warrants that it has the right to use the Content and that it has obtained all third party consents, permits and/or licenses necessary or required to grant the rights granted to Fail Better Training hereunder and for Fail Better Training to provide the FBT Site and any offered services to the user.

The user further agrees:

• not to use, or attempt to use, the FBT Site to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, libelous, or invasive of another person’s privacy or proprietary rights; and
• not to impersonate, or attempt to impersonate, any other individual, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Fail Better Training, or otherwise attempt to mislead visitors as to the user’s identity.

Fail Better Training’s Intellectual Property Rights: All content on the FBT Sites, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, video and other website materials (the “Materials”) are the intellectual property of Fail Better Training its licensors, or other vendors. The Materials are protected by United States and foreign intellectual property laws. None of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of Fail Better Training. Notwithstanding the foregoing, course and lecture materials made available to users may be copied and distributed, but only for the user’s personal, non-commercial use.

Fail Better Training, the Fail Better Training logo, and other marks related to Fail Better Training (“Fail Better Training Marks”) are the exclusive and valuable property of Fail Better Training or its affiliated companies. The Fail Better Training Marks can only be reproduced or displayed with specific written permission from Fail Better Training, and only in accordance with the policies and guidelines associated therewith. All third party trademarks are the property of their respective owners.

Third-Party Content, Links and Services: The FBT Site may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services. In consideration for the convenience of Fail Better Training making this third-party content and tools available or accessible to you, you acknowledge that Fail Better Training is not responsible for any such third-party content or tools. You also agree that Fail Better Training is not responsible or liable for any losses or damages you experience with any third-party content or tools you chose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you. Fail Better Training may from time to time engage certain affiliates or other third parties to provide all or part of offered service to you, and you hereby acknowledge and agree that such third party involvement is acceptable. You may be asked to provide personal information to third parties that you have accessed through Fail Better Training you acknowledge that when providing such information to third parties you are subject to those third parties’ terms of use and privacy policies and not to Fail Better Training’s Terms of Use and Privacy Policy. You should review any third parties’ terms of use and privacy policy before providing personal information.

Affiliate Programs:

Fail Better Training participates in other affiliate programs including but not limited to Kijabi, Barnes and Noble, and Amazon. By purchasing products using the vendor links on this website, Fail Better Training receives a small commission — at no additional cost to you — which helps support the youth empowerment mission.

Compliance with Laws: By accessing or using the FBT Sites, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the use of the FBT Sites and any offered services. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained on the FBT Sites to countries or persons prohibited under the export control laws of the United States. Fail Better Training makes no representation that the content on the FBT Sites is appropriate or available for use outside the United States. If you have chosen to access the FBT Sites from outside the United States, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.

Legal Disclaimers: The FBT Sites and the information provided therein are for the convenience of users of the FBT Sites and for customers and potential customers of Fail Better Training. The information provided on the FBT Sites described on the FBT Sites are subject to change without notice. Fail Better Training DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE FBT SITES. THE FBT SITES AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Fail Better Training DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FBT SITES. Fail Better Training DOES NOT WARRANT THAT THE FBT SITES OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE FBT SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITES OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, Fail Better Training IS NOT RESPONSIBLE FOR SUCH COSTS.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES IS Fail Better Training, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE FBT SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF Fail Better Training HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The above limitation applies to your use, misuse, or reliance upon the FBT Sites, including, without limitation, damages you may incur because of third-party services or goods advertised on, or linked to the FBT Sites.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Indemnity: You agree to defend, indemnify, and hold harmless Fail Better Training and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the FBT Sites or services, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the FBT Sites or services, or (iii) any actual or alleged infringement by you of any intellectual property or privacy or other right of any third party.

Governing Law: These TOU and all claims related to them, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflict of laws provisions. You agree and irrevocably submit to the exclusive personal jurisdiction and venue in the state or federal courts located in Portland, Maine, with respect to such matters. If for any reason, a court of competent jurisdiction finds any provision or portion of the TOU to be unenforceable, the remainder of the TOU will continue in full force and effect.

Entire Agreement, Assignment: These TOU constitute the entire agreement between you and Fail Better Training, with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
These Terms of Use were last amended on June 1, 2022