Terms of service
TOTAL FAILURE — TERMS OF SERVICE
Last Updated: August 30, 2026
OVERVIEW
Welcome to Total Failure.
These Terms of Service (“Terms”) govern your access to and use of the Total Failure website, online store, content, products, features, tools, and related services (collectively, the “Services”).
Throughout these Terms, the words “Total Failure,” “we,” “us,” and “our” refer to the business operating Total Failure and totalfailureco.com.
Our online store is hosted and powered by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.
By visiting our website, creating an account, submitting information, making a purchase, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.
Please read these Terms carefully. They contain important information concerning your legal rights, responsibilities, warranties, limitations of liability, and use of our products.
SECTION 1 — ELIGIBILITY AND ACCOUNT INFORMATION
By using the Services, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence.
If you permit a minor dependent to access the Services through a device or account under your control, you are responsible for that access.
Certain products offered by Total Failure, including dietary supplements, are intended for adults unless otherwise expressly stated on the applicable product label.
When using the Services or placing an order, you may be required to provide information including your name, email address, billing information, payment information, and shipping address.
You agree that all information you provide is accurate, current, and complete.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.
You may not sell, assign, transfer, or license your account to another person without our written permission.
SECTION 2 — PRODUCTS
Total Failure sells products that may include dietary supplements, apparel, accessories, and other fitness or lifestyle-related merchandise.
We make reasonable efforts to display and describe our products accurately. However, colors, packaging, dimensions, materials, appearance, and other product characteristics may vary slightly from what appears on your screen.
Product packaging, labels, designs, specifications, ingredients, suppliers, manufacturers, and availability may change from time to time.
All product descriptions, pricing, availability, promotions, and specifications are subject to change without notice.
We reserve the right to:
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modify or discontinue products;
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limit quantities available for purchase;
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restrict sales to particular individuals, geographic areas, or jurisdictions;
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cancel orders when appropriate; and
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correct inaccurate product information.
We do not guarantee that every product will meet your personal expectations or produce any particular result.
SECTION 3 — DIETARY SUPPLEMENTS AND HEALTH INFORMATION
Certain products sold by Total Failure are dietary supplements intended for use by adults.
Information provided through the Services, including product descriptions, articles, advertisements, social media content, emails, educational materials, and other content, is provided for general informational purposes only.
Nothing provided through the Services is intended to constitute medical advice, diagnosis, treatment, or a substitute for advice from a qualified healthcare professional.
Dietary supplements are not intended to diagnose, treat, cure, or prevent disease.
You are responsible for determining whether a dietary supplement is appropriate for you.
You should consult an appropriately qualified healthcare professional before beginning any dietary supplement, particularly if you:
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are pregnant or nursing;
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are under medical supervision;
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have a medical condition;
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are taking prescription or over-the-counter medications;
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have allergies or sensitivities;
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are preparing for a surgical procedure; or
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have questions regarding potential interactions or adverse effects.
Always read and follow the directions, serving recommendations, warnings, storage instructions, and other information contained on the applicable product label.
Do not exceed recommended servings unless instructed by an appropriately qualified healthcare professional.
Discontinue use and seek appropriate medical attention if you experience a serious or unexpected adverse reaction.
Individual responses to dietary supplements vary.
Total Failure does not guarantee any specific strength, muscle gain, body-composition, weight-loss, athletic-performance, recovery, health, or fitness result.
SECTION 4 — FITNESS AND PERFORMANCE INFORMATION
Content appearing through the Services may discuss exercise, strength training, nutrition, supplementation, recovery, fitness, or athletic performance.
Such content is provided for general educational and informational purposes.
Participation in exercise and athletic activities involves inherent risks.
You are responsible for evaluating your own physical condition and determining whether an activity is appropriate for you.
Total Failure does not provide individualized medical, nutritional, physical therapy, rehabilitation, or fitness advice through its general website content unless expressly stated otherwise.
Statements such as “Too Weak,” “Failure Is the Requirement,” “Do Better,” “Correct the Deficiency,” and similar Total Failure branding are marketing and brand messaging and are not medical diagnoses or representations regarding an individual's health status.
SECTION 5 — ORDERS
Submitting an order constitutes an offer to purchase products from Total Failure.
An order is not accepted until we confirm acceptance and successfully process payment.
We reserve the right to accept, decline, limit, or cancel an order for reasons including:
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product availability;
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suspected fraud;
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suspected resale or unauthorized distribution;
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pricing or listing errors;
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payment issues;
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shipping restrictions;
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unusually large order quantities; or
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other circumstances that reasonably justify cancellation.
If we cancel or materially modify an order after payment has been processed, we will issue any refund required under our applicable policies.
Please review your order carefully before submitting it.
Once an order enters fulfillment, we may be unable to modify or cancel it.
If we need to contact you regarding an order, we may use the email address, telephone number, billing address, or other contact information provided at checkout.
Purchases are subject to our Refund Policy.
Unless expressly authorized by Total Failure, products are intended for personal or household use and may not be purchased for unauthorized commercial resale, redistribution, or export.
SECTION 6 — PRICING, PAYMENT, AND BILLING
All prices are displayed in the currency indicated on the website.
Prices, discounts, promotional offers, bundles, and other incentives may change without notice.
The price charged for a product is the price shown at checkout at the time the order is submitted, subject to correction of obvious errors.
Applicable taxes will be added when required by law.
Shipping charges, when applicable, will be disclosed during checkout.
Certain products or promotions may include standard shipping in the advertised purchase price. When shipping is represented as included, additional charges may still apply for upgraded shipping methods, certain destinations, address corrections, international shipping, or other circumstances disclosed at checkout.
You agree to provide current, complete, and accurate billing and payment information.
By submitting payment information, you represent that:
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the information provided is accurate;
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you are authorized to use the selected payment method;
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the payment provider is authorized to charge the amount shown at checkout; and
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you will pay all properly authorized charges associated with your order.
SECTION 7 — PROMOTIONS AND DISCOUNTS
From time to time, Total Failure may offer promotional codes, early-access offers, bundles, sales, giveaways, or other promotions.
Unless otherwise stated:
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promotions have no cash value;
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discounts cannot be applied retroactively;
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promotional codes may not be combined;
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promotions may be limited by product, customer, geography, or time period; and
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we may modify or discontinue promotions at any time.
If promotional terms conflict with these Terms, the specific terms of the applicable promotion will control for that promotion.
SECTION 8 — SHIPPING AND DELIVERY
Shipping and delivery estimates are provided for convenience and are not guaranteed unless expressly stated otherwise.
Delivery times may be affected by carriers, weather, holidays, fulfillment providers, customs, inventory availability, natural disasters, labor disruptions, or other circumstances outside our reasonable control.
Total Failure is not responsible for delays caused by a shipping carrier or circumstances outside our reasonable control.
You are responsible for providing a complete and accurate shipping address.
Additional shipping costs resulting from an incorrect or incomplete address may be the customer's responsibility to the extent permitted by law.
Tracking information, when available, may be provided after fulfillment.
Risk of loss and title to purchased products pass in accordance with applicable law and carrier terms.
Nothing in this section limits rights provided to consumers by applicable law.
SECTION 9 — RETURNS, REFUNDS, AND EXCHANGES
Returns, refunds, replacements, cancellations, and exchanges are governed by our separately published Refund Policy.
Because Total Failure sells different types of products, eligibility may differ between dietary supplements and apparel or gear.
Customers should review the Refund Policy before purchasing.
For health, safety, and quality-control reasons, opened, used, or unsealed dietary supplements may not be eligible for return except where required by law or where a product is defective, damaged, incorrect, or otherwise eligible under our Refund Policy.
Apparel and gear may be subject to different return requirements.
SECTION 10 — PRODUCT INSPECTION AND DAMAGED ORDERS
You should inspect your order promptly after delivery.
If you receive an incorrect, damaged, defective, or materially compromised product, contact us within the timeframe stated in our Refund Policy and provide the information reasonably requested to investigate the issue.
We may request photographs of:
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the product;
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packaging;
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shipping label;
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lot or batch information; or
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visible damage.
Do not consume a dietary supplement if the safety seal appears broken, missing, tampered with, or otherwise compromised.
SECTION 11 — INTELLECTUAL PROPERTY
The Services and their contents are owned by or licensed to Total Failure and are protected by applicable intellectual-property laws.
Protected materials may include:
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the Total Failure name;
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the TF logo and related logos;
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Failure Protocol branding;
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product names;
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slogans;
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apparel designs;
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packaging;
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graphics;
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photographs;
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videos;
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product descriptions;
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written content;
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website design;
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advertisements;
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illustrations; and
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other creative materials.
Except as expressly permitted, you may not reproduce, modify, republish, copy, distribute, display, transmit, sell, license, create derivative works from, or commercially exploit Total Failure content without our prior written permission.
The Services are provided for personal, noncommercial use unless we expressly authorize otherwise.
Nothing contained in the Services grants you any ownership interest or license in Total Failure intellectual property except for the limited right to use the Services in accordance with these Terms.
“Total Failure,” “Do Better,” associated logos, product names, designs, slogans, and related branding may constitute trademarks, trade dress, copyrighted works, or other protected intellectual property of Total Failure or its licensors.
Shopify names, trademarks, logos, and related intellectual property remain the property of Shopify and its applicable licensors.
SECTION 12 — REVIEWS, FEEDBACK, AND USER CONTENT
If you submit reviews, photographs, videos, comments, suggestions, testimonials, ideas, feedback, or other content to Total Failure (“User Content”), you represent that you have the right to submit that material.
You grant Total Failure a nonexclusive, worldwide, perpetual, royalty-free, transferable, and sublicensable license to use, reproduce, publish, display, distribute, adapt, and promote that User Content in connection with our business and marketing activities, subject to applicable law.
You represent that your User Content:
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is truthful to the best of your knowledge;
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does not infringe another person's rights;
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does not contain unlawful, defamatory, fraudulent, threatening, obscene, or malicious material; and
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discloses any material relationship, incentive, compensation, or free product associated with a review or endorsement when required by law.
We may moderate, remove, decline to publish, or restrict User Content at our discretion where permitted by law.
We are not obligated to compensate you for voluntarily submitted User Content unless agreed otherwise in writing.
SECTION 13 — THIRD-PARTY SERVICES AND TOOLS
The Services may provide access to tools, applications, payment processors, review platforms, fulfillment providers, analytics platforms, advertising platforms, social networks, or other services operated by third parties.
We may not control these third-party services.
Your use of third-party services may be subject to separate terms and privacy policies imposed by those providers.
Total Failure is not responsible for the availability, accuracy, security, functionality, or practices of third-party services except to the extent required by applicable law.
Use of third-party tools is at your discretion.
SECTION 14 — THIRD-PARTY LINKS
The Services may contain links to websites, platforms, resources, or content operated by third parties.
We are not responsible for examining or evaluating all third-party websites or their content.
Your decision to access a third-party website is at your own risk.
Total Failure is not responsible for losses or damages arising from transactions with third-party websites or providers except where applicable law provides otherwise.
Questions or complaints concerning third-party products or services should generally be directed to the applicable third party.
SECTION 15 — SHOPIFY
Total Failure uses Shopify to provide portions of the ecommerce Services.
Purchases made through our online store are transactions directly between you and Total Failure.
Shopify is not the seller of Total Failure products.
To the extent permitted by law, you acknowledge that Shopify is not responsible for the manufacture, sale, fulfillment, quality, safety, legality, performance, or use of products purchased from Total Failure.
Nothing in these Terms is intended to modify Shopify's own terms, privacy practices, or legal obligations.
SECTION 16 — PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Because our store is hosted by Shopify, Shopify may process certain personal information in connection with your use of the Services.
Information may also be processed by service providers involved in:
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payment processing;
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order fulfillment;
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shipping;
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analytics;
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advertising;
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customer communications;
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reviews;
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fraud prevention; and
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operation of the website.
Please review our Privacy Policy for additional information concerning how personal information is collected, used, shared, and protected.
SECTION 17 — MARKETING COMMUNICATIONS
If you voluntarily subscribe to email, SMS, or other marketing communications, you may receive information concerning products, promotions, early access, launches, and other Total Failure news.
Consent to receive marketing communications is not a condition of purchasing a product unless otherwise clearly disclosed.
You may unsubscribe from marketing emails using the unsubscribe link contained in the applicable message.
SMS communications, if offered, may be subject to additional terms and carrier charges.
Transactional communications concerning orders, payments, shipping, security, or customer service are not marketing communications and may still be sent when reasonably necessary.
SECTION 18 — ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain typographical errors, inaccuracies, omissions, outdated information, or other mistakes involving:
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product descriptions;
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pricing;
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promotions;
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availability;
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shipping costs;
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transit estimates;
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photographs;
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product specifications; or
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other information.
We reserve the right to correct errors and update information at any time.
Where permitted by law, we may cancel an order affected by a material pricing or listing error and refund the applicable purchase amount.
SECTION 19 — PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to:
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violate any applicable law or regulation;
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infringe intellectual-property rights;
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commit fraud or submit false information;
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harass, threaten, abuse, defame, or harm another person;
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upload malware, viruses, or malicious code;
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interfere with the security or operation of the Services;
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improperly obtain or collect personal information;
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impersonate another individual or organization;
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scrape or extract website content for unauthorized commercial purposes;
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circumvent security or access restrictions;
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engage in unauthorized resale or distribution of our products;
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submit fraudulent chargebacks;
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misuse promotions or discount programs; or
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otherwise use the Services in a manner that could harm Total Failure, Shopify, our customers, or third parties.
We may restrict, suspend, or terminate access to the Services when we reasonably believe these Terms have been violated.
SECTION 20 — TERMINATION
We may suspend or terminate your access to all or part of the Services when permitted by law, including where we reasonably believe you have:
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violated these Terms;
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engaged in fraud;
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abused promotions;
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infringed intellectual-property rights;
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interfered with the Services; or
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created a security or legal risk.
Termination does not eliminate obligations incurred before termination.
Sections that by their nature should survive termination will remain effective, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, dispute-related provisions, and payment obligations.
SECTION 21 — DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED BY TOTAL FAILURE OR REQUIRED BY LAW.
TOTAL FAILURE DOES NOT WARRANT THAT:
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THE SERVICES WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE;
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WEBSITE CONTENT WILL ALWAYS BE COMPLETE OR CURRENT;
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PRODUCTS WILL PRODUCE A PARTICULAR RESULT; OR
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THE SERVICES WILL MEET EVERY USER'S INDIVIDUAL EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, AND NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
Nothing in these Terms excludes warranties or consumer rights that cannot lawfully be excluded.
SECTION 22 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOTAL FAILURE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS.
THIS MAY INCLUDE, WHERE PERMITTED BY LAW:
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LOST PROFITS;
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LOST REVENUE;
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LOST DATA;
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LOST SAVINGS;
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BUSINESS INTERRUPTION;
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REPLACEMENT COSTS; OR
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OTHER CONSEQUENTIAL LOSSES.
Nothing in these Terms excludes or limits liability to the extent that such liability cannot legally be excluded or limited.
Nothing in these Terms is intended to waive rights available to consumers under applicable product-safety, product-liability, consumer-protection, or other mandatory laws.
SECTION 23 — INDEMNIFICATION
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Total Failure and its affiliates, owners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, and reasonable legal expenses arising from:
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your material violation of these Terms;
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your violation of applicable law;
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your infringement of another person's rights; or
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your unlawful or unauthorized use of the Services.
We will provide reasonable notice of an indemnifiable claim when practicable.
We may participate in or control the defense of the claim to the extent permitted by law.
SECTION 24 — SEVERABILITY
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law.
The remaining provisions will continue in full force and effect.
SECTION 25 — WAIVER AND ENTIRE AGREEMENT
Failure by Total Failure to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.
These Terms, together with the policies expressly incorporated into them, constitute the agreement governing your use of the Services.
They supersede prior discussions or agreements concerning the same subject matter, except for separate written agreements that expressly state otherwise.
SECTION 26 — ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
Total Failure may assign or transfer its rights or obligations in connection with a merger, acquisition, restructuring, sale of assets, change in ownership, or other legitimate business transaction, subject to applicable law.
SECTION 27 — GOVERNING LAW
These Terms and disputes arising from your use of the Services will be governed by the laws of the State of Florida and applicable federal laws of the United States, without regard to conflict-of-law principles, except where the laws of another jurisdiction must apply.
To the extent permitted by law, any court proceeding arising from these Terms or the Services shall be brought in a court of competent jurisdiction located in Florida.
Nothing in this section deprives a consumer of protections that cannot legally be waived under the laws applicable to that consumer.
SECTION 28 — CHANGES TO THESE TERMS
We may update these Terms from time to time.
The current version will be posted on this page along with the date of the most recent update.
Material changes will be communicated when required by applicable law.
Your continued use of the Services after revised Terms become effective constitutes acceptance of those revised Terms to the extent permitted by law.
SECTION 29 — CONTACT INFORMATION
Questions concerning these Terms of Service may be sent to:
Total Failure
Email: support@totalfailureco.com
Website: totalfailureco.com
Business Mailing Address: 16703 Early Riser Ave. STE 281 Land O Lakes, FL. 34638
Legal Business Name: Replacementt HRT for Men LLC
TOTAL FAILURE
DO BETTER.