Terms Of Service
# Terms of Service
Toxically Male
Effective Date: December 1, 2024
Last Updated: December 1, 2024
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## Table of Contents
1. [Agreement to Terms](#agreement-to-terms)
2. [Description of Services](#description-of-services)
3. [User Accounts and Registration](#user-accounts-and-registration)
4. [Subscription Services and Payments](#subscription-services-and-payments)
5. [User Conduct and Community Guidelines](#user-conduct-and-community-guidelines)
6. [Intellectual Property Rights](#intellectual-property-rights)
7. [User-Generated Content](#user-generated-content)
8. [Privacy and Data Protection](#privacy-and-data-protection)
9. [Disclaimers and Limitations of Liability](#disclaimers-and-limitations-of-liability)
10. [Indemnification](#indemnification)
11. [Termination and Suspension](#termination-and-suspension)
12. [Dispute Resolution](#dispute-resolution)
13. [Governing Law and Jurisdiction](#governing-law-and-jurisdiction)
14. [Changes to Terms](#changes-to-terms)
15. [Miscellaneous Provisions](#miscellaneous-provisions)
16. [Contact Information](#contact-information)
---
## Agreement to Terms
These Terms of Service ("Terms," "Agreement," or "Terms of Service") constitute a legally binding agreement between you ("User," "you," or "your") and Toxically Male ("Company," "we," "us," or "our") regarding your access to and use of our website at https://toxicallymale.com/, mobile applications, educational content, community platform, podcast, and related services (collectively, the "Services").
By accessing, browsing, or using our Services in any manner, including but not limited to creating an account, subscribing to our services, participating in our community, downloading our content, or listening to our podcast, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Services.
### Legal Capacity and Age Requirements
You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you are accessing our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. Our Services are intended for adult users and contain content and community features that are not appropriate for minors.
### Acceptance and Modifications
Your use of our Services constitutes acceptance of these Terms as they may be modified from time to time. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on our website. Your continued use of our Services after any such modifications constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically to stay informed of any changes.
### Scope of Agreement
This Agreement governs all aspects of your relationship with Toxically Male, including but not limited to your use of our educational content, participation in our community, subscription to our services, and any other interactions with our platform. These Terms supplement and do not replace any additional terms that may apply to specific features or services we offer.
### Electronic Communications
By using our Services, you consent to receive communications from us electronically, including emails, notifications through our platform, and updates to these Terms. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
### Binding Arbitration and Class Action Waiver
PLEASE READ THE DISPUTE RESOLUTION SECTION CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATIONS, EXCEPT WHERE PROHIBITED BY LAW.
## Description of Services
Toxically Male provides educational services, community features, and content focused on developing practical skills and promoting traditional masculine values. Our Services are designed to help adult men become more capable, confident, and self-reliant through comprehensive instruction, community support, and values-based guidance.
### Educational Content and Courses
Our primary service offering includes comprehensive educational content covering practical skills such as home repair, automotive maintenance, workshop techniques, and other hands-on abilities. Our educational materials include video instruction, written guides, step-by-step tutorials, and progressive skill-building courses designed to take users from beginner to advanced levels of competency.
We provide structured learning paths that build understanding systematically, with each lesson preparing users for more advanced concepts and applications. Our instructional content is created by experienced professionals who combine technical expertise with effective teaching methodologies. All educational content is designed for real-world application, focusing on practical skills that users can immediately implement in their homes, garages, and workshops.
Our courses cover a wide range of topics including but not limited to basic home maintenance, plumbing fundamentals, electrical work, automotive repair, woodworking, metalworking, tool usage, project planning, and safety procedures. We regularly update and expand our course offerings based on user feedback, industry developments, and emerging skill requirements.
### Community Platform and Support
We operate a community platform that allows users to interact with fellow learners, share experiences, ask questions, and provide mutual support and encouragement. Our community features include discussion forums, project sharing capabilities, mentorship opportunities, and peer-to-peer learning initiatives.
The community platform is designed to foster connections between men who share similar values and goals, creating a supportive environment for skill development and personal growth. Users can participate in group discussions, share project photos and progress updates, seek advice from more experienced members, and contribute their own knowledge and expertise to help others.
We facilitate mentorship relationships between experienced practitioners and newcomers, providing structured opportunities for knowledge transfer and skill development. Our community guidelines ensure that interactions remain respectful, constructive, and aligned with our values of traditional masculinity and practical competence.
### Podcast and Content Distribution
We produce and distribute a regular podcast that explores topics related to masculinity, character development, family relationships, work and purpose, cultural issues, and practical skills. Our podcast content is designed to provide thoughtful commentary on issues that matter to men who value traditional principles and practical wisdom.
Podcast episodes may include interviews with experts, discussions of current events and cultural trends, practical advice for personal and professional development, and exploration of traditional masculine virtues and their application in modern life. We distribute our podcast through various platforms and provide both free and premium content options.
### Trade Skills and Career Development
Beyond basic practical skills, we provide information and guidance about trade skills, vocational education opportunities, and career development in skilled trades. This includes information about trade schools, apprenticeship programs, certification requirements, and career advancement strategies in various skilled professions.
We believe that skilled trades represent valuable career paths that provide economic stability, personal satisfaction, and the ability to support families effectively. Our content in this area is designed to help users explore trade career options, understand educational requirements, and develop the skills necessary for success in chosen fields.
### Values-Based Approach
All of our Services are grounded in a values-based approach that emphasizes traditional masculine virtues such as responsibility, competence, integrity, self-reliance, and service to family and community. We believe that developing practical skills builds character and contributes to personal growth and social stability.
Our content and community guidelines reflect our commitment to promoting positive masculinity, strong family values, personal responsibility, and practical competence. We provide a space where men can explore these values without apology and develop the skills and character traits that contribute to personal success and social contribution.
### Service Availability and Modifications
We strive to provide reliable and consistent access to our Services, but we cannot guarantee uninterrupted availability. Our Services may be temporarily unavailable due to maintenance, technical issues, or other factors beyond our control. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.
We continuously work to improve and expand our Services based on user feedback, technological developments, and changing educational needs. This may include adding new courses, updating existing content, introducing new features, or modifying our platform capabilities. While we strive to provide advance notice of significant changes, some modifications may be implemented without prior notification.
### Geographic Availability
Our Services are primarily designed for users in the United States, and some features or content may not be available in all geographic locations. We make reasonable efforts to comply with applicable laws and regulations in jurisdictions where our Services are accessed, but we cannot guarantee compliance with all local laws and regulations worldwide.
Users accessing our Services from outside the United States do so at their own risk and are responsible for compliance with applicable local laws and regulations. We reserve the right to restrict access to our Services in certain geographic locations if required by law or business considerations.
### Third-Party Integrations
Our Services may integrate with or provide access to third-party services, tools, or content. These integrations are provided for user convenience and may include payment processors, social media platforms, analytics services, or educational content from partner organizations. We are not responsible for the availability, functionality, or content of third-party services, and your use of such services is governed by their respective terms and conditions.
### Beta Features and Experimental Services
From time to time, we may offer beta features, experimental services, or pilot programs that are still in development or testing phases. These features may be unstable, incomplete, or subject to significant changes or discontinuation. Your use of beta features is at your own risk, and we make no warranties or guarantees regarding their functionality or continued availability.
## User Accounts and Registration
To access certain features of our Services, you must create a user account and provide accurate, complete, and current information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
### Account Creation Requirements
When creating an account, you must provide accurate and truthful information, including your name, email address, and any other required information. You represent and warrant that all information you provide is accurate, current, and complete, and you agree to update this information as necessary to maintain its accuracy.
You must be at least 18 years of age to create an account and use our Services. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this Agreement. We reserve the right to verify your age and identity at any time and may suspend or terminate accounts that do not meet our age requirements.
You may only create one account per person, and you may not create accounts using false or misleading information. You may not create accounts on behalf of others without their explicit consent, and you may not transfer, sell, or otherwise dispose of your account to any other person or entity.
### Account Security and Responsibilities
You are solely responsible for maintaining the security of your account credentials, including your username and password. You must choose a strong password and keep it confidential. You agree not to share your account credentials with any other person or allow others to access your account.
You are responsible for all activities that occur under your account, whether or not you authorized such activities. If you become aware of any unauthorized use of your account or any other security breach, you must notify us immediately. We are not liable for any loss or damage arising from unauthorized use of your account if you fail to maintain adequate security or promptly report unauthorized access.
We recommend enabling two-factor authentication and other security features we may provide to enhance the security of your account. You should regularly review your account activity and report any suspicious or unauthorized activities to us promptly.
### Account Information and Updates
You agree to keep your account information accurate, current, and complete. This includes updating your contact information, payment details, and profile information as necessary. Failure to maintain accurate account information may result in suspension of your account or inability to access certain features of our Services.
You may update your account information at any time through your account settings or by contacting our customer support team. Some changes to your account information may require verification of your identity or additional security measures.
### Account Verification
We may require verification of your account information, including your identity, email address, or payment information, before providing access to certain features or services. Verification procedures may include email confirmation, phone verification, or submission of identification documents.
We reserve the right to suspend or limit access to accounts that have not completed required verification procedures. Verification requirements may change over time based on security considerations, legal requirements, or business needs.
### Account Suspension and Termination
We reserve the right to suspend, limit, or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, suspicious or fraudulent activity, or failure to pay applicable fees. Upon termination of your account, your right to access and use our Services will immediately cease.
You may terminate your account at any time by following the account closure procedures provided in your account settings or by contacting our customer support team. Upon termination, you will lose access to your account and any content or data associated with your account, subject to our data retention policies and applicable law.
### Data and Content Upon Account Termination
Upon termination of your account, whether by you or by us, we may delete or retain your account data and user-generated content in accordance with our Privacy Policy and data retention policies. We are not obligated to provide you with copies of your data or content upon account termination, so we recommend that you maintain your own backups of any important information.
Some information may be retained for legal compliance, fraud prevention, or other legitimate business purposes even after account termination. We will handle retained information in accordance with our Privacy Policy and applicable law.
### Account Inactivity
We may suspend or terminate accounts that remain inactive for extended periods. We will provide reasonable notice before terminating accounts due to inactivity, and you may reactivate your account by logging in and confirming your continued interest in using our Services.
Inactive accounts may lose access to certain features or content, and we may delete data associated with inactive accounts in accordance with our data retention policies. We encourage regular use of your account to maintain access to all features and content.
### Multiple Accounts and Account Sharing
You may only maintain one active account per person. Creating multiple accounts to circumvent restrictions, access additional free content, or engage in other prohibited activities is strictly prohibited and may result in termination of all associated accounts.
You may not share your account with others or allow others to use your account credentials. Each user must create their own individual account and is responsible for their own account activities. Business or organizational accounts may be available for legitimate business use, subject to additional terms and verification requirements.
### Account Transfer and Assignment
You may not transfer, sell, assign, or otherwise dispose of your account or any rights associated with your account without our prior written consent. Any attempted transfer without our consent will be void and may result in termination of your account.
In the event of your death or incapacity, your account may be handled in accordance with applicable law and our policies regarding deceased or incapacitated users. We may require appropriate legal documentation before taking any action regarding accounts of deceased or incapacitated users.
## Subscription Services and Payments
Our Services include both free and paid subscription options. This section outlines the terms and conditions applicable to paid subscriptions, payment processing, billing procedures, and cancellation policies. By subscribing to our paid services, you agree to the payment terms and automatic renewal provisions described below.
### Subscription Plans and Pricing
We offer various subscription plans that provide access to premium educational content, advanced community features, exclusive materials, and other enhanced services. Subscription plans may include monthly, quarterly, annual, or other billing cycles, each with different pricing and feature sets.
Current subscription plans, pricing, and features are displayed on our website and may be updated from time to time. All prices are stated in U.S. dollars unless otherwise specified. Prices may vary based on your geographic location, applicable taxes, and promotional offers.
We reserve the right to modify our subscription plans, pricing, and features at any time. Price changes for existing subscriptions will be communicated to you in advance, and you will have the opportunity to cancel your subscription before the new pricing takes effect if you do not agree to the changes.
### Payment Authorization and Processing
By subscribing to our paid services, you authorize us to charge your designated payment method for the applicable subscription fees, taxes, and any other charges that may apply. You represent and warrant that you have the legal right to use the payment method you provide and that the payment information you submit is accurate and complete.
We use third-party payment processors to handle payment transactions securely. These processors are PCI DSS compliant and maintain industry-standard security measures for handling payment information. We do not store complete credit card numbers on our servers.
You are responsible for ensuring that your payment method has sufficient funds or credit available to cover subscription charges. If a payment is declined or fails for any reason, we may suspend your access to paid features until payment is successfully processed.
### Automatic Renewal and Billing
IMPORTANT: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. By subscribing to our services, you explicitly consent to automatic renewal and authorize us to charge your payment method for renewal fees.
We will charge your payment method on or shortly before each renewal date for the then-current subscription fee. Renewal charges will continue until you cancel your subscription or we terminate your account in accordance with these Terms.
We will send you a reminder notification at least 30 days before your subscription renews for annual subscriptions, and at least 7 days before renewal for monthly subscriptions. These reminders will include information about the upcoming renewal, the amount to be charged, and instructions for canceling if you do not wish to continue your subscription.
### Cancellation and Refund Policy
Easy Cancellation: In compliance with the FTC's Click-to-Cancel rule, we provide simple and straightforward cancellation procedures. You can cancel your subscription at any time through the same method you used to sign up, including:
- Online Account Settings: Log into your account and navigate to the subscription management section to cancel your subscription with just a few clicks.
- Email Request: Send a cancellation request to [email protected] with "Cancel Subscription" in the subject line.
- Phone Cancellation: Call us at (956) 382-7832 to cancel your subscription.
Immediate Effect: When you cancel your subscription, the cancellation takes effect immediately, and you will not be charged for subsequent billing periods. However, you will retain access to paid features until the end of your current billing period.
No Partial Refunds: Subscription fees are charged in advance for each billing period. We do not provide refunds or credits for partial billing periods, unused portions of subscriptions, or cancellations made after the billing period has begun. All sales are final unless otherwise required by applicable law.
Refund Exceptions: We may provide refunds in exceptional circumstances, such as technical issues that prevent access to our Services, billing errors, or other circumstances at our sole discretion. Refund requests must be submitted within 30 days of the charge and will be evaluated on a case-by-case basis.
### Free Trials and Promotional Offers
We may offer free trials, promotional pricing, or other special offers for our subscription services. These offers are subject to additional terms and conditions that will be clearly disclosed at the time of the offer.
Free trials automatically convert to paid subscriptions at the end of the trial period unless you cancel before the trial expires. We will clearly disclose the trial duration, the subscription plan you will be enrolled in after the trial, and the pricing that will apply.
Promotional offers may be limited to new subscribers, may have expiration dates, and may not be combined with other offers. We reserve the right to modify or discontinue promotional offers at any time without notice.
### Payment Disputes and Chargebacks
If you dispute a charge with your payment provider or initiate a chargeback, we may suspend your account pending resolution of the dispute. Fraudulent chargebacks or disputes may result in permanent termination of your account and may be reported to relevant authorities.
If you have concerns about a charge, we encourage you to contact us directly before disputing the charge with your payment provider. We are committed to resolving billing issues fairly and promptly.
### Taxes and Additional Fees
Subscription fees may be subject to applicable taxes, including sales tax, value-added tax (VAT), or other local taxes based on your location and applicable law. You are responsible for paying all applicable taxes in addition to the subscription fees.
We may add applicable taxes to your subscription charges or require you to pay taxes separately, depending on your location and local tax requirements. Tax rates and requirements may change over time, and we will update our billing practices accordingly.
### Payment Method Updates
You are responsible for keeping your payment method information current and accurate. If your payment method expires, is canceled, or otherwise becomes invalid, you must update your payment information promptly to avoid service interruption.
We may attempt to update expired payment information automatically through our payment processors, but we are not obligated to do so. Failure to maintain valid payment information may result in suspension of your subscription and loss of access to paid features.
### Subscription Modifications and Downgrades
You may upgrade or downgrade your subscription plan at any time through your account settings. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of your current billing period.
Downgrades take effect at the end of your current billing period, and you will retain access to your current plan's features until that time. We do not provide refunds or credits for downgrades, but your next billing cycle will reflect the new plan's pricing.
### Business and Group Subscriptions
We may offer special pricing and terms for business or group subscriptions. These subscriptions may have different payment terms, cancellation policies, and feature sets compared to individual subscriptions. Business and group subscriptions are subject to additional terms that will be provided at the time of purchase.
### Subscription Suspension and Termination
We reserve the right to suspend or terminate your subscription for violation of these Terms, non-payment, fraudulent activity, or other reasons outlined in these Terms. Upon termination, you will lose access to paid features, but you may retain access to free features subject to these Terms.
If your subscription is terminated for non-payment, you may be able to restore access by updating your payment information and paying any outstanding charges, subject to our policies and applicable law.
## User Conduct and Community Guidelines
Our Services include community features that allow users to interact, share content, and participate in discussions. To maintain a positive, respectful, and productive environment for all users, we have established community guidelines and conduct standards that all users must follow.
### General Conduct Standards
You agree to use our Services in a manner that is lawful, respectful, and consistent with these Terms and our community values. You are solely responsible for your conduct and any content you post, share, or transmit through our Services.
You must treat other users with respect and courtesy, even when you disagree with their opinions or approaches. Personal attacks, harassment, bullying, or intimidation of other users is strictly prohibited and may result in immediate suspension or termination of your account.
We encourage constructive discussion and debate on topics related to practical skills, traditional values, and personal development. However, discussions must remain civil and focused on the topics at hand rather than personal characteristics or attacks on other users.
### Prohibited Activities and Content
The following activities and types of content are strictly prohibited on our Services:
Illegal Activities: You may not use our Services to engage in or promote illegal activities, including but not limited to fraud, theft, harassment, stalking, or violation of intellectual property rights. You may not post content that violates applicable laws or regulations.
Harmful or Dangerous Content: You may not post content that promotes or provides instructions for dangerous, harmful, or illegal activities. While our Services focus on practical skills that may involve tools and potentially hazardous activities, all content must emphasize safety and proper procedures.
Harassment and Abuse: You may not harass, threaten, intimidate, or abuse other users. This includes persistent unwanted contact, doxxing (sharing personal information without consent), or any form of cyberbullying or stalking behavior.
Hate Speech and Discrimination: You may not post content that promotes hatred, discrimination, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics. While we promote traditional values, we do not tolerate content that demeans or attacks others.
Spam and Commercial Solicitation: You may not use our Services to send spam, unsolicited commercial messages, or promotional content without our prior consent. This includes posting repetitive content, excessive self-promotion, or attempts to redirect users to external commercial websites.
Impersonation and False Information: You may not impersonate other individuals, organizations, or entities, or provide false or misleading information about your identity or qualifications. You must represent yourself honestly and accurately in all interactions.
Inappropriate Sexual Content: You may not post sexually explicit content, pornography, or other inappropriate sexual material. While our Services are designed for adult users, we maintain standards of decency and professionalism in our community spaces.
Malicious Software and Security Threats: You may not upload, post, or transmit viruses, malware, or other malicious software, or attempt to compromise the security of our Services or other users' devices.
### Community Participation Guidelines
Constructive Contribution: We encourage users to contribute meaningfully to community discussions by sharing knowledge, asking thoughtful questions, and providing helpful responses to others. Focus on adding value to the community rather than simply promoting yourself or your opinions.
Stay On Topic: Keep discussions relevant to the purpose of our Services, including practical skills, traditional values, personal development, and related topics. Off-topic discussions may be moved or removed to maintain focus and organization.
Respect Expertise: Recognize and respect the knowledge and experience of other community members. While everyone is welcome to participate regardless of skill level, defer to more experienced members when appropriate and be humble about your own limitations.
Share Responsibly: When sharing project photos, progress updates, or other content, ensure that you have the right to share such content and that it does not violate others' privacy or intellectual property rights. Be mindful of safety considerations when sharing information about tools, techniques, or projects.
Help Others Learn: Our community is built on the principle of mutual support and learning. Take opportunities to help newer members, answer questions when you can, and share your knowledge and experience generously.
### Content Moderation and Enforcement
We reserve the right to monitor, review, and moderate all content posted on our Services, but we are not obligated to do so. We may remove content that violates these Terms or our community guidelines without notice and at our sole discretion.
We employ both automated systems and human moderators to identify and address prohibited content and behavior. However, we rely on our community members to report violations and help maintain a positive environment for all users.
Reporting Violations: If you encounter content or behavior that violates these Terms or our community guidelines, please report it to us immediately using our reporting tools or by contacting our support team. We take all reports seriously and will investigate them promptly.
Progressive Enforcement: We typically employ a progressive enforcement approach, starting with warnings for minor violations and escalating to temporary suspensions or permanent bans for serious or repeated violations. However, we reserve the right to immediately suspend or terminate accounts for severe violations.
Appeals Process: If you believe that enforcement action has been taken against your account in error, you may appeal the decision by contacting our support team. We will review appeals fairly and promptly, but our decisions regarding content moderation and account enforcement are final.
### User-Generated Content Standards
When posting content to our community areas, you must ensure that your content meets our quality and appropriateness standards:
Quality and Relevance: Content should be relevant to our community's focus on practical skills and traditional values. Low-quality, repetitive, or off-topic content may be removed to maintain the overall quality of our community discussions.
Safety Considerations: When sharing information about tools, techniques, or projects, always emphasize safety procedures and best practices. Do not provide incomplete or potentially dangerous information that could lead to injury or property damage.
Accuracy and Honesty: Ensure that any factual information you share is accurate to the best of your knowledge. If you are uncertain about something, acknowledge your uncertainty rather than presenting speculation as fact.
Respectful Language: Use language that is respectful, professional, and appropriate for our community. While passionate discussion is welcome, avoid inflammatory language, excessive profanity, or disrespectful terminology.
### Privacy and Personal Information
Protect Your Privacy: Be cautious about sharing personal information in community areas. Do not post your full name, address, phone number, email address, or other sensitive personal information in public discussions.
Respect Others' Privacy: Do not share other people's personal information without their explicit consent. This includes contact information, photos, or other identifying details about individuals who are not public figures.
Project Sharing Guidelines: When sharing photos or information about your projects, be mindful of what personal information may be visible in the background or metadata. Consider privacy implications before posting content that shows your home, workspace, or other private areas.
### Intellectual Property Respect
Respect Copyrights: Do not post copyrighted material without proper authorization. This includes text, images, videos, or other content that belongs to others. When sharing information from other sources, provide proper attribution and ensure you have the right to share such content.
Original Content: When possible, share your own original content, experiences, and insights rather than simply reposting content from other sources. Original contributions are more valuable to our community and help avoid intellectual property issues.
Fair Use Considerations: If you need to reference copyrighted material for educational or discussion purposes, ensure that your use falls within fair use guidelines and provide proper attribution to the original source.
### Consequences of Violations
Violations of these conduct standards and community guidelines may result in various enforcement actions, including:
Content Removal: Individual posts or content that violate our guidelines may be removed without notice.
Warnings: First-time or minor violations may result in warnings that explain the violation and provide guidance for future behavior.
Temporary Suspension: Repeated violations or more serious misconduct may result in temporary suspension of your account, during which you will lose access to community features.
Permanent Termination: Severe violations, repeated misconduct after warnings and suspensions, or illegal activities may result in permanent termination of your account and loss of access to all Services.
Legal Action: In cases involving illegal activities, threats, or other serious misconduct, we may report violations to appropriate authorities and cooperate with law enforcement investigations.
## Intellectual Property Rights
All content, materials, and intellectual property associated with our Services are owned by Toxically Male, our licensors, or other content creators, and are protected by copyright, trademark, patent, and other intellectual property laws. This section outlines the ownership rights, permitted uses, and restrictions regarding intellectual property on our Services.
### Our Intellectual Property
Ownership of Content: We own or have licensed all rights to the educational content, courses, videos, written materials, graphics, logos, trademarks, software, and other materials provided through our Services. This includes but is not limited to instructional videos, course materials, written guides, podcast content, website design, software code, and proprietary methodologies.
Trademarks: The "Toxically Male" name, logo, and other trademarks, service marks, and trade names used in connection with our Services are our property or the property of our licensors. You may not use these trademarks without our prior written consent, except as necessary to identify our Services in accordance with fair use principles.
Copyrighted Materials: All original content created by us or on our behalf is protected by copyright law. This includes educational materials, instructional content, written guides, video presentations, audio content, and other creative works. Unauthorized reproduction, distribution, or modification of our copyrighted materials is prohibited.
Proprietary Methods and Systems: Our educational methodologies, course structures, assessment systems, and other proprietary approaches to skill development and instruction are our intellectual property. You may not reverse engineer, copy, or create derivative works based on these proprietary systems.
### Limited License to Users
Permitted Use: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial educational purposes. This license allows you to view, download, and use our educational content solely for your own learning and skill development.
Restrictions on Use: You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of our content, except as specifically permitted by these Terms or as expressly authorized by us in writing.
Educational Use Only: The content provided through our Services is intended solely for educational purposes. You may not use our content for commercial purposes, including but not limited to creating competing educational programs, selling access to our content, or incorporating our content into commercial products or services.
No Redistribution: You may not share, redistribute, or provide access to our content to others, including family members, friends, or colleagues, unless they have their own valid subscription or account with us. Each user must have their own individual access to our Services.
### User-Generated Content Rights
Your Content Ownership: You retain ownership of any original content you create and post through our Services, including forum posts, comments, project photos, testimonials, and other user-generated content. However, by posting content to our Services, you grant us certain rights as described below.
License to Us: By posting content to our Services, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with our Services and our business operations.
Content Representations: You represent and warrant that you own or have the necessary rights to any content you post, and that your content does not infringe on the intellectual property rights of others. You are solely responsible for ensuring that you have the right to post any content you submit to our Services.
Content Moderation Rights: We reserve the right to review, edit, or remove any user-generated content at our sole discretion, including content that violates these Terms, infringes on intellectual property rights, or is otherwise inappropriate for our Services.
### Copyright Infringement and DMCA
DMCA Compliance: We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA). If you believe that content on our Services infringes your copyright, you may submit a DMCA takedown notice as described below.
Takedown Procedure: To submit a DMCA takedown notice, you must provide the following information in writing:
1. A physical or electronic signature of the copyright owner or authorized representative
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the allegedly infringing material and its location on our Services
4. Your contact information, including address, telephone number, and email address
5. A statement that you have a good faith belief that the use is not authorized by the copyright owner
6. A statement that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner
Designated Agent: DMCA notices should be sent to our designated copyright agent at [email protected] with "DMCA Notice" in the subject line.
Counter-Notification: If you believe that content you posted was removed in error, you may submit a counter-notification in accordance with DMCA procedures. We will provide information about counter-notification procedures upon request.
Repeat Infringer Policy: We have a policy of terminating accounts of users who are repeat copyright infringers. We may terminate accounts after receiving multiple valid DMCA takedown notices or other evidence of repeated copyright infringement.
### Third-Party Content and Links
Third-Party Materials: Our Services may include content, materials, or links provided by third parties. We do not own or control third-party content and are not responsible for its accuracy, legality, or appropriateness. Third-party content is subject to the intellectual property rights of its respective owners.
Link Policy: We may provide links to third-party websites or resources for your convenience or reference. These links do not constitute endorsement of the linked sites or their content, and we are not responsible for the content, privacy practices, or intellectual property policies of linked sites.
User-Posted Links: Users may post links to external resources in community discussions, provided that such links are relevant, appropriate, and do not violate intellectual property rights. We reserve the right to remove links that violate these Terms or our community guidelines.
### Trademark Policy
Trademark Respect: You may not use our trademarks, service marks, or trade names without our prior written consent. This includes using our marks in domain names, social media handles, business names, or other commercial contexts.
Third-Party Trademarks: You must respect the trademark rights of third parties when using our Services. Do not post content that infringes on others' trademark rights or creates confusion about the source or sponsorship of goods or services.
Trademark Complaints: If you believe that content on our Services infringes your trademark rights, please contact us with detailed information about the alleged infringement. We will investigate trademark complaints and take appropriate action when warranted.
### Patent Rights
Patent Protection: Some aspects of our Services, including proprietary educational methods, software systems, or technical innovations, may be protected by patent rights. You may not reverse engineer, copy, or create derivative works that infringe on any patent rights associated with our Services.
Patent Complaints: If you believe that our Services infringe your patent rights, please contact us with detailed information about the alleged infringement. We take patent rights seriously and will investigate legitimate patent complaints.
### Trade Secrets and Confidential Information
Proprietary Information: Our Services may include trade secrets, confidential information, and proprietary business methods that are not publicly available. You agree not to disclose, use, or exploit any confidential information you may learn through your use of our Services.
Non-Disclosure: You agree to maintain the confidentiality of any non-public information about our business operations, educational methods, user data, or other proprietary information that you may encounter through your use of our Services.
### Enforcement and Remedies
Infringement Monitoring: We actively monitor for infringement of our intellectual property rights and may take legal action against unauthorized use of our content, trademarks, or other intellectual property.
Legal Remedies: We reserve the right to seek all available legal remedies for intellectual property infringement, including injunctive relief, monetary damages, and attorney's fees. We may pursue both civil and criminal remedies where appropriate.
Cooperation with Authorities: We cooperate with law enforcement and other authorities in investigating and prosecuting intellectual property crimes and may report suspected infringement to appropriate agencies.
### International Considerations
Global Protection: Our intellectual property rights extend to all jurisdictions where such rights are recognized and protected. Users accessing our Services from outside the United States must respect our intellectual property rights under applicable international laws and treaties.
Local Law Compliance: Users are responsible for complying with applicable intellectual property laws in their jurisdiction. Some uses that may be permitted in one jurisdiction may be prohibited in another.
## User-Generated Content
When you post, upload, or share content through our Services, you retain ownership of your original content but grant us certain rights to use and display that content as part of our Services. This section outlines the terms and conditions applicable to user-generated content.
### Content License and Rights
By posting content to our Services, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with our Services. This license allows us to display your content to other users, include it in promotional materials, and use it to improve our Services.
You represent and warrant that you own all rights to the content you post or have obtained all necessary permissions and licenses to grant us the rights described above. You are solely responsible for ensuring that your content does not infringe on the rights of others or violate applicable laws.
### Content Standards and Moderation
All user-generated content must comply with our community guidelines and these Terms. We reserve the right to review, edit, or remove any content that violates our standards or is otherwise inappropriate for our Services. We may also use automated systems to detect and remove prohibited content.
You acknowledge that we have no obligation to monitor user-generated content, but we may do so at our discretion. We are not responsible for the accuracy, completeness, or appropriateness of user-generated content, and the views expressed in such content do not necessarily reflect our views or opinions.
## Privacy and Data Protection
Your privacy is important to us, and we are committed to protecting your personal information in accordance with our Privacy Policy. By using our Services, you acknowledge that you have read and understood our Privacy Policy, which is incorporated into these Terms by reference.
We collect, use, and share your information as described in our Privacy Policy. You consent to our collection and use of your information in accordance with our Privacy Policy and applicable privacy laws, including the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA).
You have certain rights regarding your personal information, including the right to access, correct, delete, and port your data. These rights are described in detail in our Privacy Policy, along with instructions for exercising them.
## Disclaimers and Limitations of Liability
IMPORTANT: PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY AND AFFECTS YOUR LEGAL RIGHTS.
### Service Disclaimers
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
We do not warrant that our Services will be uninterrupted, error-free, or completely secure. We make no guarantees about the accuracy, completeness, or reliability of our content or the results you may achieve by using our Services.
### Educational Content Disclaimers
Our educational content is provided for informational and educational purposes only. While we strive to provide accurate and up-to-date information, we make no warranties about the accuracy, completeness, or suitability of our content for any particular purpose.
You acknowledge that practical skills involving tools, equipment, and potentially hazardous activities carry inherent risks of injury or property damage. You assume all risks associated with applying the techniques and information provided through our Services, and you are solely responsible for taking appropriate safety precautions.
### Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OUR SERVICES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
These limitations apply regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.
### State-Specific Limitations
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
## Indemnification
You agree to indemnify, defend, and hold harmless Toxically Male, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:
1. Your use of our Services or violation of these Terms
2. Your violation of any third-party rights, including intellectual property rights
3. Any content you post or share through our Services
4. Your violation of applicable laws or regulations
5. Any injury or damage resulting from your application of techniques or information learned through our Services
This indemnification obligation will survive termination of these Terms and your use of our Services.
## Termination and Suspension
We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to violation of these Terms, non-payment of fees, fraudulent activity, or any conduct that we determine to be harmful to our Services or other users.
Upon termination, your right to use our Services will immediately cease, and we may delete your account and associated data in accordance with our data retention policies. Sections of these Terms that by their nature should survive termination will remain in effect after termination.
You may terminate your account at any time by following the procedures outlined in your account settings or by contacting our customer support team. Upon termination by you, we will process your request in accordance with our cancellation and data retention policies.
## Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND DETERMINES HOW DISPUTES WILL BE RESOLVED.
### Informal Resolution
Before initiating formal dispute resolution procedures, you agree to first contact us to attempt to resolve any dispute informally. We are committed to working with you to resolve disputes fairly and efficiently without the need for formal legal proceedings.
### Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or our Services that cannot be resolved informally will be resolved through binding arbitration rather than in court, except as otherwise provided below.
Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in Texas or another location agreed upon by the parties. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.
### Class Action Waiver
YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT YOU WILL NOT BRING A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION AGAINST US. You may not consolidate or join your dispute with disputes of other users.
### Exceptions to Arbitration
Notwithstanding the above, either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information. Additionally, disputes may be resolved in small claims court if they qualify for such proceedings.
## Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any legal action or proceeding not subject to arbitration will be brought exclusively in the state or federal courts located in Texas.
You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
## Changes to Terms
We reserve the right to modify these Terms at any time. When we make changes, we will post the updated Terms on our website and update the "Last Updated" date. For material changes that significantly affect your rights or obligations, we will provide additional notice through email or prominent notices on our Services.
Your continued use of our Services after changes to these Terms constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using our Services and may terminate your account.
We encourage you to review these Terms periodically to stay informed of any updates or changes that may affect your use of our Services.
## Miscellaneous Provisions
### Entire Agreement
These Terms, together with our Privacy Policy and any additional terms applicable to specific features or services, constitute the entire agreement between you and us regarding your use of our Services and supersede all prior agreements and understandings.
### Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. Invalid provisions will be modified to the minimum extent necessary to make them valid and enforceable.
### Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by our authorized representative.
### Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms and our rights and obligations hereunder at any time without notice to you.
### Force Majeure
We will not be liable for any delay or failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.
### Survival
Provisions of these Terms that by their nature should survive termination will remain in effect after termination, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.
## Contact Information
If you have questions about these Terms or need to contact us regarding your use of our Services, please use the following contact information:
Email: [email protected]
Subject Line: Terms of Service Inquiry
Phone: (956) 382-7832
Website: https://toxicallymale.com/
Legal Notices: For legal notices, including DMCA takedown notices, service of process, or other formal legal communications, please use the email address above and mark correspondence as "Legal Notice."
Customer Support: For general customer support inquiries, account issues, or technical problems, please contact us through the email address above or through the support features available in your account.
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Last Updated: December 1, 2024
Effective Date: December 1, 2024
These Terms of Service are effective as of the date listed above and supersede all previous versions. By continuing to use our Services after the effective date, you agree to be bound by these Terms as they may be modified from time to time.
