Terms of Use

Effective date: 4/1/2023

Do not use the Services to communicate or manage medical emergencies. If you think you are experiencing a medical emergency, you should call 911 immediately or seek other appropriate medical assistance.

These Terms of Use (or “Terms”) are a legally binding agreement between you and Failing Up Inc, dba Titan Transformation Academy, which includes any current and/or future affiliate entities. "You," "your," and similar terms refer to you as an individual, as well as the business or entity you represent and any person or entity that has rights through you.

Failing Up Inc, dba Titan Transformation Academy offers the Failing Up podcast and other content for users' benefit and information through titantransformationacademy.com (the "Content"). The Website refers to this website, located at www.titantransformationacademy.com, and all subordinate pages. The Website allows you to learn more about the Content and purchase special access to it, subject to the terms and conditions of these Terms. The Website and Content, along with all information and materials contained or offered, are collectively referred to as the "Services."

By agreeing to these Terms of Use, you also agree to an agreement to arbitrate all claims and disputes, a class action waiver, indemnification obligations, and limitations of liability, as described further below. These provisions affect your rights and remedies under these terms. Please review them carefully before accessing or using the Services or making any purchases.

The Services and all content contained therein are the property of Failing Up, dba Titan Transformation Academy, its affiliates, and related entities, including Failing Up, Inc., and its licensors. They are protected by international and U.S. copyright, trademark, and other intellectual property laws. Failing Up, Inc. takes the infringement of its intellectual property rights very seriously and reserves all rights to take appropriate action to terminate any such infringements.

Non Medical Advice

The information on any Failing Up Inc, dba Titan Transformation Academy website or online presence, including titantransformationacademy.com and the Content, including all texts, graphics, images, or other material, is for informational purposes only and may not be appropriate or applicable for your individual circumstances. The Services do not provide medical, professional, or licensed advice and are not a substitute for consultation with a health care professional. You should seek medical advice from a qualified health care professional for any questions. Do not use the Services for medical diagnosis or treatment. None of the content on the Services represents or warrants that any particular device, procedure, or treatment is safe, appropriate, or effective for you.

To the extent that Failing Up Inc, dba Titan Transformation Academy provides any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific to any particular person or illness. Your reliance on any information on the Services is solely at your own risk. Failing Up Inc, dba Titan Transformation Academy makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness, or quality of any information on the Services. We reserve the right to withdraw or amend the Services, and material we provide on the Services, in our sole discretion without notice.

Your Agreement to these Terms of Use

By using or visiting the Services, or otherwise clicking "I Agree," "Submit," or a similar button or checkbox when prompted, you accept and agree to these Terms of Use as well as to the terms of our Privacy Policy, including all updates and revisions to either document. If you do not agree to be bound by these Terms, do not access or use the Services, sign up for an account, or make any purchases via the Services. Failing Up Inc, dba Titan Transformation Academy reserves the right to make changes to these Terms of Use at any time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Therefore, you should review these Terms of Use and our Privacy Policy every time you visit or use the Services. If you are dissatisfied with the Services or these Terms of Use, you agree that your sole and exclusive remedy is to discontinue using the Services.

Eligibility

The Services are intended for use by adults who are 18 years of age or older. By accessing or using the Services, you represent and warrant that you are at least 18 years of age and otherwise meet all of the eligibility requirements contained herein.

Based in U.S. Failing Up, dba Titan Transformation Academy is located in the United States (U.S.). Failing Up Inc, dba Titan Transformation Academy makes no representations that the information or materials on or linked through the Services are appropriate or available for use in other locations. Those who choose to access or use the Services from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so. By interacting with or submitting information via the site, you consent to the transfer to and processing of such data in the U.S. The Services offered thereby are not intended to subject Failing Up Inc, dba Titan Transformation Academy to any non-U.S. jurisdiction or law. If you believe you are entitled to any additional rights under any non-U.S. laws or regulations, please contact us at legal[at]growwithtitans.com.

Non-Commercial Use; Intellectual Ownership

Subject to your compliance with these Terms, Failing Up Inc, dba Titan Transformation Academy grants you a nonexclusive, personal, nontransferable, revocable, and limited license to access and view the Services, including any Content materials, for your personal, non-commercial use. Failing Up Inc, dba Titan Transformation Academy does not grant you permission to represent that, by your access and use of the Services, you are affiliated with, a representative of, or authorized to act on Failing Up, dba Titan Transformation Academy's behalf.

All materials displayed on the website, including website design, text, graphics, information, trademarks, service marks, trade names, photographs, testimonials, videos, content or other materials belong to Failing Up Inc, dba Titan Transformation Academy, its affiliates, parent companies, or related entities, or a third party licensor and are protected by U.S. and international copyright and other intellectual property laws. Failing Up Inc, dba Titan Transformation Academy will seek to terminate any infringing conduct and exercise any remedies available to protect its intellectual property rights.

You may access and use the materials provided via the Services solely for your personal, non-commercial use. If the Services allow you to e-mail, download, or print a copy of the materials, you must include all copyright, trademark, and other proprietary notices that are in the materials, and you are prohibited from distributing or sharing any such copies with any other individual or third party. Such downloading or copying is permissible only in accordance with any terms provided in connection with the fair use doctrine under U.S. Copyright laws and these Terms.

You are not authorized to post, share, transmit, distribute, publish, copy, or display, or permit any third party to do so, any videos or content contained in the Services in or on any other website, mobile application, internet account, social media account, or other online platform. You are not authorized to modify or change the Services materials in any way, and you hereby assign to Failing Up Inc, dba Titan Transformation Academy any and all rights you may acquire or have in any modifications to any of the Services materials. You may not, and may not permit any third party to, reproduce or publicly display, perform, or distribute or otherwise use any materials or information on the Services for any public or commercial purpose. You may not, and may not permit any third party to, remove, obscure, or otherwise deface proprietary notices appearing on any content, including copyright, trademark, or other intellectual property notices. All rights, title, and interest in and to the Services, including all content, videos, graphics, text, software, brochures, guides, and other information, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights, therein are and will remain the sole and exclusive property of Failing Up Inc, dba Titan Transformation Academy, its affiliates or related entities, and our licensors, partners, contributors, and vendors. No ownership interest is transferred to you or any other entity by virtue of making the content available on the Services or granting the foregoing licenses.

Trademarks, trade names, service marks, and logos used or displayed on the Services, including without limitation FAILING UP PODCAST, TITAN TRANSFORMATION ACADEMY, TITAN LEADERSHIP PROWESS "TLP" are registered and unregistered trademarks, trade names, and service marks of FAILING UP, INC, its affiliates or related entities, or a third party.

Nothing in these Terms of Use grants, or should be construed to grant, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Services without the written permission of Failing Up Inc, its affiliates or related entities, or such third-party owner. This includes any rights of publicity in the name, likeness and/or voice of Richard Handley.

Restrictions on Website Use

You agree to not use the Services in any way not permitted by these Terms of Use. In the course of accessing and using the Services, you agree to:

(i) Not misrepresent your identity, impersonate any individual or entity, or provide false information to Failing Up Inc, dba Titan Transformation Academy; (ii) Not attempt to access any part of the Services to which access has not been explicitly granted to you, personally; (iii) Not take any actions that may interfere with operation of the Services or the use of the Services by other users; (iv) Not violate or directly or indirectly enable another individual or entity to violate these Terms of Use; (v) Not violate any applicable laws and regulations; and (vi) Not attempt to modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services.

You shall not use the Services for any purposes beyond the scope of the access granted by these Terms of Use. You shall not, at any time, directly or indirectly, and shall not permit any users to:

(i) Reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Services; (ii) Rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) Remove any proprietary notices from the Services; or (v) Use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person.

In connection with the Services, you must not: 

(i) Transmit or otherwise make available through or in connection with the Services, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) Use any device, software, or routine that interferes with the Services; (iii) Interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services; (iv) Use any automatic device, process, or means to access the Services for any purpose, including monitoring or copying content or data on the Services; and (v) Otherwise attempt to interfere with the proper working of the Services.

Failing Up Inc, dba Titan Transformation Academy reserves the right to terminate access to any or all features of the Services at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

Accessing the Services and Password Responsibilities

From time to time, we may restrict users’ access to some parts of the Services. Failing Up Inc, dba Titan Transformation Academy does not make any representations or guarantees regarding uptime or availability of the Services.

You are responsible for making all necessary arrangements to access the Services and ensuring that anyone accessing the Services through your internet connection is aware of and complies with these Terms of Use. We reserve the right to block, limit, or terminate your access to the Services for any reason, including but not limited to: (i) violating these Terms of Use; (ii) violating any applicable laws or regulations related to your use of the Services; (iii) engaging in any offensive, harmful, defamatory, or otherwise harmful conduct towards us or others; or (iv) breaching any other agreement with us.

The Services may allow you to create a user account, and you may need to provide certain registration details or other information to access the Services or some of its features. It is a condition of your use of the Services that all the information you provide is accurate, current, and complete. By providing information to Failing Up Inc, dba Titan Transformation Academy or our service providers, you agree that all actions we take with respect to your information are governed by our Privacy Policy.

Your account credentials are personal to you and cannot be used by any third party, including any person or entity on your behalf, to access any protected areas of the Site using the credentials assigned to you. If you disclose your login information to others, they will be able to view information available to you and communicate with other users on your behalf. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or login credentials. If you suspect any unauthorized access or use of your account, you must immediately change your password and inform Failing Up Inc, dba Titan Transformation Academy of the suspected unauthorized activity.

Failing Up Inc, dba Titan Transformation Academy reserves the right to refuse service, terminate accounts or credentials, or remove or edit content at any time with or without notice.

The Services may include content provided by Health Care Providers, but Failing Up Inc, dba Titan Transformation Academy does not investigate or verify any information provided by them. The information, including background, education, licensure, scope of practice, or clinical expertise, may be incomplete, inaccurate, or out of date. Health Care Providers are not the agents, employees, or partners of Failing Up Inc, dba Titan Transformation Academy or any of its affiliates or subsidiaries, and Failing Up Inc, dba Titan Transformation Academy is not responsible or liable for any relationship between you and any Health Care Provider. Although the Services may include comments or endorsements from Health Care Providers, Failing Up Inc, dba Titan Transformation Academy does not endorse any Health Care Providers or any endorsement, comment, or other content provided by them.

In no event will Failing Up Inc, dba Titan Transformation Academy be liable to you for any direct, indirect, special, or other consequential damages arising out of your reliance or use of any information from a Health Care Provider whose name or other information appears on the Services.

Your Comments, Postings, and Ideas

The Services may provide opportunities for you to post or submit your feedback, comments, ideas, or similar items. Any comments, ideas, or information that you submit through the Services will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy).

You are solely responsible for the content you transmit or post, and we assume no responsibility or liability for any content submitted by you or any other visitor of our Services. You agree your postings will only reflect your own experience, truthfully as you understand it. You agree you will not impersonate any person or use a false identity (the name of some other living person) although you may use a first-name only, nick-name, or pseudonym as long as you clearly identify as such. You agree that you will not send or transmit any communication or content that infringes or violates any rights of any party.

If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Services, you hereby grant us a perpetual, unrestricted, sublicensable, assignable, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, create derivative or collective works, and distribute them in any medium, in whole or in part, including all intellectual property rights therein, and agree that we are free to use them for any purpose.

We may remove or refuse to post any of your contributions for any or no reason in our sole discretion. We may also take any action, including disclosing your identity or other information about you, with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Failing Up Inc, dba Titan Transformation Academy.

Links to Other Websites

The Services may contain links to websites that are not operated by us (including social media platforms). These links are provided for your convenience and do not imply any endorsement of the material on these third-party websites. Since we do not control these websites, we are not responsible for their content.

These third-party websites may contain information about uses of devices, products or therapies that have not been approved or cleared by the Food and Drug Administration. We do not endorse any such “off-label” uses. These third-party websites may contain information that is inaccurate, incomplete, or outdated. You access and use these websites solely at your own risk. You should read the privacy policy and terms of use of any such site you visit.

Harvard University Affliliation

While Richard Handley is a graduate of Harvard University ("University") and does provide honorarium services for the University, his opinions are his own. Moreover, the materials and assets he creates within the scope of Failing Up Inc, dba, Titan Transformation Academy ("Company") do not represent or reflect the views, opinions, policies, or positions of the University. The undersigned hereby acknowledges and agrees that all work performed, services rendered, and materials created or provided by the undersigned within the scope of their engagement with the Company, shall not be deemed, construed, or interpreted as being affiliated, sponsored, endorsed, supported, or approved by the University. Furthermore, Richard Handley confirms that all opinions, ideas, methods, and materials generated, expressed, or implemented in connection with his work with the Company are solely attributable to himself and the Company, and do not represent or reflect the views, opinions, policies, or positions of the University.

Richard Handley acknowledges that the Company is separate and distinct from his association, employment, or affiliation with the University, and the shall not in any manner, directly or indirectly, make any claim or representation, or engage in any conduct, that may give rise to any inference, perception, or implication of an affiliation or connection between the Company, himself, and the University. The undersigned further agrees not to use the name, logo, trademarks, or any other identifying indicia of the University in any communications, marketing materials, or other materials, whether written or oral, in connection with the Company, without the prior written consent of the University.

Coaching Academy Membership

The Services may permit you to make a purchase to become a “Member” with special access to the Content (each an “Order”).

You are responsible for: making all arrangements necessary for you to have access to the Services and ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

We may block, limit, or terminate your access to the Services for any reason, including if: (i) you violate these Terms of Use; (ii) you violate any applicable law or regulation relating to your use of the Services; (iii) with respect to any user contribution that we deem necessary or appropriate in our sole discretion.

Each Order will be considered a separate and discrete purchase and shall be subject to these Terms of Use. Memberships are non-transferable, and you may not assign or otherwise transfer your membership to any other person or entity. You agree that your membership is for your personal use only and that you will not share your membership or any content made available to you through your membership with any other person or entity.

You may cancel your membership at any time, and your membership will continue until the end of your current billing period, at which point it will expire. We reserve the right to modify, terminate or otherwise amend our membership programs at any time, with or without notice. Governing Law and Jurisdiction These Terms of Use, and any disputes arising out of or related to these Terms of Use or the Services, will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.

Any action arising out of or relating to these Terms of Use or the Services will be brought exclusively in the federal or state courts located in New York County, New York, and you agree to submit to the personal jurisdiction of such courts. Waiver and Severability No waiver by Failing Up Inc, dba Titan Transformation Academy of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Failing Up Inc, dba Titan Transformation Academy to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Entire Agreement These Terms of Use and our Privacy Policy constitute the entire agreement between you and Failing Up Inc, dba Titan Transformation Academy regarding the use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. Miscellaneous Failing Up Inc, dba Titan Transformation Academy may assign its rights and duties under these Terms of Use to any party at any time without notice to you. You may not assign these Terms of Use without the prior written consent of Failing Up Inc, dba Titan Transformation Academy. The headings used in these Terms of Use are for convenience only and do not affect the interpretation of these Terms of Use.

Failing Up Inc, dba Titan Transformation Academy reserves the right to refuse any Order placed with them and may limit or cancel the quantity of Orders purchased per person or household at their discretion. This includes Orders placed by the same customer account, credit card, or billing and/or mailing address.

If Failing Up Inc, dba Titan Transformation Academy makes a change to or cancels an Order, they will attempt to notify the customer using the email and/or billing address/phone number provided at the time the Order was made. Failing Up Inc, dba Titan Transformation Academy reserves the right to limit or prohibit Orders placed by medical professionals, resellers, or competitors who may use the Content in violation of these Terms. Payment is due prior to accessing the Content, and the total cost for any Order includes processing fees and/or taxes shown at the time of submission, which are non-refundable.

Failing Up Inc, dba Titan Transformation Academy may modify or discontinue the Content at any time with or without notice, and may provide Services updates, including upgrades, bug fixes, patches, error corrections, and/or new features at their sole discretion. Customers have no obligation to receive any Updates or specific features or functionality. Prices for the Content are subject to change upon notice from Failing Up Inc, dba Titan Transformation Academy, and they reserve the right to correct any errors, inaccuracies, or omissions. Failing Up Inc, dba Titan Transformation Academy will provide access to the Content in their sole discretion, and they reserve the right to remove, modify or replace any specific content of the Content at any time without notice or liability. Customers making payments via the Services must provide certain relevant information, including their credit or payment card number, expiration date, billing and shipping information. Customers represent and warrant that they have the right to use any credit or payment card or payment mechanism submitted in connection with a payment, and that they have all authority necessary to make a payment using the submitted credit card or payment mechanism.

Payments: Receipt of Funds, Payment and Cancellation, Security

By submitting payment information, you authorize Failing Up Inc, dba Titan Transformation Academy to provide such information to third parties for payment processing purposes. You acknowledge that Failing Up Inc, dba Titan Transformation Academy is not responsible for how any third party payment processor uses, stores, or shares your information.

Portions of the Services may allow you to make payments, including subscriptions, which may be canceled at any time with effective cancellation taking place on the first day of the next billing period. Monthly fees are non-refundable and no partial refunds will be given for periods of less than a month. Yearly fees are also non-refundable and no partial refunds will be given for unused months.

While Failing Up Inc, dba Titan Transformation Academy takes reasonable measures to protect user information, it cannot guarantee the security of all information transmitted electronically. By using the Services, you assume the risk of such intrusions. Failing Up Inc, dba Titan Transformation Academy is not responsible or liable for any illegal acts by third parties, including hacking.

Communicating With You

You agree that Failing Up Inc, dba Titan Transformation Academy may communicate with you through various methods, including email, text message, and postal mail.

Disclaimer of Warranties, Indemnification, and Limitation of Liability

The Services are provided on an "as is," "as available" basis without warranties of any kind, and Failing Up Inc, dba Titan Transformation Academy is not responsible for any damages or viruses that may infect your equipment or property. You agree to defend, indemnify, and hold Failing Up Inc, dba Titan Transformation Academy harmless for any claims related to your breach of these Terms of Use or violation of applicable laws.

The Services are used at your own risk, and Failing Up Inc, dba Titan Transformation Academy disclaims all warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. Failing Up Inc, dba Titan Transformation Academy will not be liable for any direct or indirect damages arising from your use or inability to use the Services or your reliance on any information provided on the Services.

This limitation of liability applies to all losses and damages of any kind, and even if Failing Up Inc, dba Titan Transformation Academy has been advised of the possibility of such damages. The parties agree that this limitation of liability is an essential element of the basis of the bargain between you and Failing Up Inc, dba Titan Transformation Academy. The limitation of liability will still apply even if any limited remedy fails of its essential purpose. Some states do not allow the limitation of liability, in which case the liability of Failing Up Inc, dba Titan Transformation Academy will be limited to the greater of $100 or the amount of fees paid in the preceding twelve months.

Arbitration

Arbitration: Any controversy or claim (“Claim”) arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. The arbitration shall be held in Los Angeles, CA. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding.

Governing Law and Statue of Limitations

Any claims relating to, and the use of, the Services are governed by the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

For enforcement of any arbitration award, or in the event arbitration is not permitted or required, then for any claim or action that may be submitted to any court, by using the Services, you consent to personal jurisdiction in the federal and state courts of California, which will have exclusive jurisdiction for any action arising out of or relating to the Services or your use of the Services. Such claim or actions shall be instituted exclusively in the federal or state courts located in the City of Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Before seeking any legal remedy for any harm you believe you have suffered arising from or related to your use of the Services, you agree to inform us in writing and give us 30 days to cure the harm before initiating any action. You must indicate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.

No Class Actions

You agree to bring any claim or cause of action arising under or related to these Terms of Use, the Services, or any dispute with Failing Up Inc, dba Titan Transformation Academy in your individual capacity, and not as a member or representative of any class or collective action.

General

You may not assign any rights or obligations under these Terms of Use without Failing Up Inc, dba Titan Transformation Academy’s prior written consent. Failing Up Inc, dba Titan Transformation Academy may assign part or all of these Terms of Use. All sections of these Terms of Use which by their nature are designed to survive expiration or termination of these Terms of Use will survive. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Failing Up Inc, dba Titan Transformation Academy, superseding any other agreement between you and Failing Up Inc, dba Titan Transformation Academy with respect to such subject matter. If any provisions of these Terms of Use are found to be unenforceable, such provision shall be deemed modified to the minimal extent necessary to render it enforceable and if that is not possible such provision shall be deemed severed, and the other provisions will still remain in full force and effect.

Contact Information and Notices

We may deliver notices to you by electronic mail, social media account or similar platform, a general notice on the Services, or by written communication delivered by First Class U.S. Mail to your address on record with us.

The Services is operated by Failing Up, Inc, 16217 Kittridge St. Van Nuys, CA 91406.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: legal[at]growwithtitans.com.

Copyright Policy

Failing Up Inc, dba Titan Transformation Academy takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.

Limitation of Liability

IN NO EVENT SHALL FAILING UP INC, DBA TITAN TRANSFORMATION ACADEMY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (B) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (C) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Failing Up Inc, dba Titan Transformation Academy and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of these Terms of Use, or your violation of any rights of another.

Termination

Failing Up Inc, dba Titan Transformation Academy may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms of Use or your account (if you have one), you may simply discontinue using the Services. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.