Terms of Service

1. Who We Are; Scope Of This Agreement

This website, bettereveryday.training, the “Site,” and the related digital services, programming, workout tracks, subscriptions, one-off programs, habit systems, nutrition education, physical products, communities, communications, affiliate-linked offers, and other offerings described below, collectively the “Services,” are operated by Better Every Day Training LLC, an Alabama limited liability company, referred to in these Terms as “BEDT,” “Better Every Day Training,” “we,” “us,” or “our.”

These Terms of Service, the “Terms,” govern your access to and use of the Services. By clicking “I agree,” creating an account, purchasing a subscription, purchasing a one-off product, accessing programming, submitting a form, participating in the community, opting into communications, using programming through SugarWOD, or otherwise using any part of the Services, you agree to be bound by these Terms.

If you do not agree, do not use the Services.

2. Definitions

“Program” means any workout programming, training plan, fitness track, lesson, habit system, educational content, nutrition education, wellness guidance, or related material delivered through the Services, including modifications, progressions, substitutions, scaling options, intensity recommendations, and supporting notes.

“Community Content” means any content posted or shared by you or other users, including messages, comments, images, videos, workout results, testimonials, reviews, reactions, notes, and other submitted content.

“Digital Products” means subscriptions, workout tracks, one-off programs, downloadable materials, training plans, habit trackers, nutrition education, videos, educational resources, and other products or services delivered digitally.

“Physical Products” means apparel, accessories, branded merchandise, printed materials, training-related items, or other physical goods sold by or through BEDT.

“Third-Party Services” means services not operated by BEDT that may be integrated with, linked from, used to deliver, used to process, or used to support the Services, including SugarWOD, GoHighLevel, Shopify, payment processors, subscription billing providers, analytics tools, email/SMS tools, shipping providers, affiliate partners, social media platforms, and advertising platforms.

“Affiliate” means a person, organization, influencer, partner, ambassador, gym, business, or other party that promotes BEDT, refers customers, uses referral codes, or participates in a BEDT-related commission, referral, ambassador, sponsorship, or promotional arrangement.

“Affiliate License” means a separate license granted to a gym, organization, business, or other approved entity to display or deliver BEDT programming to its own members, customers, clients, or participants.

“Released Parties” means BEDT and its owners, members, managers, officers, directors, employees, contractors, coaches, trainers, agents, representatives, licensors, affiliates, successors, assigns, vendors, and service providers.

3. Eligibility; Minors; Parental Consent

3.1 Age rules.

The Services are intended for users who are at least 13 years old. We do not knowingly permit users under 13 to create accounts, submit personal information, or use the Services.

3.2 Users age 19 and older.

If you are 19 years of age or older, you represent that you have full legal capacity to enter these Terms.

3.3 Users age 18.

If you are 18 years old and of sound mind, you represent that you may enter into a binding contract under Alabama law and that you are legally able to agree to these Terms.

3.4 Users age 13–17.

If you are between 13 and 17 years old, a “Minor,” you may only use the Services if:

(a) your parent or legal guardian, “Parent/Guardian,” provides verifiable consent; (b) your Parent/Guardian agrees to these Terms on their own behalf and, to the maximum extent enforceable, authorizes your use of the Services; and (c) your Parent/Guardian accepts the Parent/Guardian obligations and indemnity in Section 21.6.

IMPORTANT NOTICE ABOUT MINORS AND WAIVERS: Certain pre-injury waivers and releases signed on behalf of a minor may not be enforceable for the minor’s own claims. Nothing in these Terms is intended to misrepresent the limits of enforceability. However, Parents/Guardians can and do assume obligations, waive their own claims, and agree to indemnity and risk-allocation terms as set out in these Terms.

4. International Customers; Local Laws; Consumer Rights

4.1 International availability.

The Services may be available to customers in the United States and internationally, including Canada, the United Kingdom, the European Union, and other locations where the Site, payment processors, app platforms, or service providers allow purchases.

Availability of any product, subscription, physical product, digital product, or service may vary by location and may be changed, limited, or discontinued at any time.

4.2 Customer responsibility for local law.

Customers outside the United States are responsible for ensuring that their access to and use of the Services is lawful in their location.

4.3 Mandatory consumer rights.

Nothing in these Terms is intended to limit, exclude, or waive any mandatory consumer protection rights, cancellation rights, refund rights, statutory warranty rights, privacy rights, tax rights, or other legal rights that cannot be limited, excluded, or waived under the laws of your country, province, state, or region.

If any part of these Terms conflicts with mandatory consumer protection law that applies to you, the mandatory law controls only to the extent required.

4.4 Cross-border services.

If you are located outside the United States, you understand that BEDT is operated from the United States and that some services, platforms, communications, payment processing, data processing, tax handling, shipping, fulfillment, and customer support may be handled in the United States or through Third-Party Services located in other countries.

4.5 Taxes, VAT, GST, customs, and fees.

International purchases may be subject to additional taxes, value-added tax, goods and services tax, customs duties, import fees, brokerage fees, currency conversion fees, bank fees, payment processor fees, or other charges.

Unless expressly stated at checkout, you are responsible for any taxes, duties, fees, or charges imposed by your country, payment provider, customs authority, card issuer, bank, payment processor, or local government.

Prices may be displayed in U.S. dollars unless otherwise stated. Currency conversion rates, foreign transaction fees, and payment provider charges are controlled by your bank, card issuer, payment provider, or platform.

5. No Medical Advice; Health And Safety Disclaimers

5.1 Not medical care.

The Services provide general fitness education, training programming, habit tools, nutrition education, wellness content, and related resources. BEDT is not a medical provider. We do not diagnose, treat, prescribe for, prevent, cure, or provide medical advice about any disease, injury, pain, condition, disability, impairment, or health concern.

5.2 Consult your physician.

You should consult a qualified healthcare professional before beginning any exercise program, changing activity levels, changing nutrition habits, using any content from the Services, or participating in any Program, especially if you have a medical condition, are pregnant or postpartum, have chronic pain, have a disability, take medication, have an injury, have symptoms such as chest pain, dizziness, fainting, shortness of breath, or have any concerns about your health.

5.3 Stop if unsafe.

You agree to stop immediately and seek appropriate medical attention if you experience pain, dizziness, faintness, nausea, shortness of breath, chest discomfort, abnormal heartbeat, injury, numbness, weakness, confusion, severe headache, loss of coordination, or any other concerning symptoms.

5.4 No emergency services.

The Services are not intended for emergencies. If you believe you have a medical emergency, call 911 or your local emergency services immediately.

5.5 Remote coaching limitations.

Even if coaching, feedback, or one-on-one support is offered, you acknowledge that remote coaching has limitations. BEDT cannot physically supervise your movements, control your training environment, inspect your equipment, provide emergency assistance, or guarantee safe execution.

6. Nutrition, Supplements, And Wellness Disclaimer; Affiliate Links

6.1 General nutrition education only.

BEDT may provide nutrition education, habit support, recipes, meal ideas, grocery suggestions, educational tracks, wellness guidance, or general information. Unless expressly stated otherwise in a separate written agreement, BEDT does not provide individualized meal plans, individualized macro prescriptions, medical nutrition therapy, diagnosis-specific meal planning, treatment of disease, or individualized nutrition care services.

6.2 No registered dietitian or medical nutrition representation.

BEDT is not a registered dietitian practice, medical provider, health plan, healthcare clearinghouse, or provider of medical nutrition therapy. Any nutrition content is general educational information.

6.3 Supplements and third-party products.

We may link to third-party products or services, including supplements, meal-planning tools, macro calculators, coaching platforms, fitness equipment, apparel, apps, or other products. BEDT may receive compensation through affiliate relationships.

You are responsible for evaluating third-party products and services. Your purchases from third parties are between you and the third party.

6.4 No guarantees.

Results vary. We do not guarantee weight loss, fat loss, performance outcomes, body composition changes, muscle gain, strength improvements, health outcomes, habit adherence, or any particular results.

7. Your Responsibilities; Safe Participation

You are solely responsible for:

(a) the environment in which you train, including space, flooring, equipment condition, spotting, supervision, and safety; (b) selecting appropriate loads, scaling options, modifications, volume, movements, and intensity based on your fitness level, skill level, health, and equipment; (c) following all safety instructions and common-sense precautions; (d) using proper technique and seeking qualified in-person instruction where needed; (e) stopping any movement or activity that causes pain, symptoms, or unsafe conditions; (f) reviewing equipment instructions and using equipment only as intended; (g) obtaining medical clearance when appropriate; and (h) ensuring that any Minor under your care is properly supervised and cleared for participation.

We may offer scaling suggestions, substitutions, progressions, or modifications, but you remain fully responsible for your choices.

8. The Services; Not A Substitute For In-Person Coaching

The Services may include digital programming, general coaching guidance, workout tracks, habit tracking, progress tracking, nutrition education, educational materials, community features, online communications, and optional one-on-one or small-group coaching sessions if offered.

The Services are not a substitute for in-person coaching, professional supervision, medical evaluation, physical therapy, mental health care, emergency services, or individualized medical nutrition therapy.

9. Accounts; Accuracy; Security

9.1 Account information.

You agree to provide accurate, current, and complete information and to keep it updated.

9.2 Security.

You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us promptly at admin@bettereveryday.training if you suspect unauthorized use.

9.3 Misuse.

We may suspend, restrict, or terminate access if we believe you violated these Terms, misused the Services, failed to pay, initiated an abusive chargeback, shared paid content without permission, created a legal or security risk, or created risk to others.

10. Subscriptions; Auto-Renewal; Billing; Cancellation

10.1 Subscription plans.

The Services may be offered on a subscription basis, including monthly, annual, or other billing terms, including through Third-Party Services such as SugarWOD or payment processors.

10.2 Auto-renewal.

Unless expressly stated otherwise, subscriptions automatically renew until canceled. You authorize BEDT and/or our payment processors or Third-Party Services, depending on where you subscribed, to charge your payment method at the then-current rate, plus applicable taxes, on a recurring basis.

10.3 Clear disclosure.

At checkout, BEDT or the applicable Third-Party Service will present the material terms of your subscription, which may include price, billing frequency, renewal, cancellation method, included services, and any refund window. By completing purchase and clicking “I agree,” you provide express informed consent.

10.4 Cancellation.

You may cancel at any time:

(a) through your account settings, if available; (b) through the Third-Party Service where you subscribed, if applicable; and/or (c) by contacting admin@bettereveryday.training.

Cancellation stops future renewals. Unless we state otherwise or applicable law requires otherwise, cancellation does not provide a prorated refund for the current billing period.

If you subscribed through a Third-Party Service, you may need to cancel through that Third-Party Service’s interface. You remain responsible for canceling correctly.

10.5 Billing disputes.

If you believe a charge is incorrect, you must notify us promptly at admin@bettereveryday.training and provide the details. We may request documentation to investigate.

10.6 Failed payments.

If a recurring payment fails, we may retry the charge, notify you, suspend access, restrict access, or cancel the subscription. You are responsible for keeping payment information accurate and current.

11. Refunds; Digital Content; Cooling-Off Rights

11.1 Digital services and subscriptions.

All digital subscription payments are non-refundable except as required by law or as expressly stated in a published refund policy or offer-specific terms.

If we offer a limited “first charge” refund window, trial, guarantee, or special refund period, it will be described at checkout or in the applicable offer.

11.2 Immediate digital access.

Due to the nature of digital products, workout programs, downloadable materials, subscriptions, habit tracking, nutrition education, one-off programs, and immediate digital access, digital purchases are generally non-refundable once access has been delivered, unless required by law or expressly stated in a specific offer.

11.3 International cooling-off or withdrawal rights.

If you are located in a jurisdiction that provides a mandatory cooling-off period, cancellation period, right of withdrawal, digital content refund right, statutory warranty, or similar consumer protection, those rights will apply to the extent required by law.

For certain digital content, subscriptions, or services, your cancellation or withdrawal rights may be limited or lost once digital access begins, content is delivered, or performance starts, but only where permitted by applicable law and where any required consent or acknowledgment has been obtained.

11.4 No results-based refunds.

We do not provide refunds based on lack of results, weight loss, fitness progress, body composition changes, strength gains, adherence, motivation, habit completion, personal outcomes, equipment limitations, change of mind, failure to use the product, forgetting to cancel, or dislike of programming style, unless required by law or expressly stated in a specific offer.

11.5 Chargebacks.

If you initiate a chargeback or payment dispute without first contacting us to resolve the issue, we may suspend your access while the dispute is pending, and we may require that future payments be made through an alternative method.

Fraudulent or abusive chargebacks may result in account closure, loss of access, and collection of unpaid amounts where permitted by law.

11.6 Physical goods.

If we sell apparel or other Physical Products through Shopify, another storefront, or another platform:

(a) your purchase is a contract directly between you and BEDT unless the offer clearly states otherwise; (b) shipping timelines, returns, exchanges, and refunds are governed by our posted store policies, these Terms, and applicable law; and (c) you are responsible for providing accurate shipping information.

12. Physical Products; Shipping; Returns; International Imports

12.1 Physical Products.

BEDT may sell Physical Products, including apparel, accessories, branded merchandise, printed materials, training-related items, or other goods.

Product availability, pricing, sizing, colors, descriptions, images, shipping timelines, and return eligibility may vary.

12.2 Order processing.

Order processing times may vary based on product type, inventory, vendor availability, customization, printing, fulfillment method, and shipping carrier.

Some products may be fulfilled by Third-Party Services, print-on-demand providers, manufacturers, warehouses, shipping carriers, or partner platforms.

12.3 Shipping.

Shipping options, estimated delivery dates, and shipping costs may be displayed at checkout when available. Delivery estimates are not guarantees.

Delays may occur due to carrier issues, weather, holidays, supply chain delays, incorrect addresses, customs, vendor delays, or circumstances outside our control.

12.4 Address accuracy.

You are responsible for providing a complete and accurate shipping address. We are not responsible for orders delayed, lost, returned, or misdelivered due to incorrect or incomplete shipping information provided by the customer.

12.5 Damaged or incorrect items.

If you receive a damaged, defective, or incorrect Physical Product, contact admin@bettereveryday.training within seven days of delivery. Include your name, order number, description of the issue, and clear photos of the item, packaging, and shipping label.

12.6 Returns and exchanges.

Return and exchange eligibility may vary by product. Unless otherwise stated, items must be unused, unworn, unwashed, undamaged, and in original condition to be eligible for return or exchange.

The following items may be final sale and not eligible for return unless damaged, defective, incorrect, or unless required by law:

(a) Digital Products; (b) downloadable products; (c) customized or personalized items; (d) print-on-demand items; (e) clearance or final sale items; (f) opened or used fitness items; (g) gift cards; and (h) products sold by third-party merchants.

Unless the return is due to our error or a verified defective product, customers may be responsible for return shipping costs. Shipping charges may be non-refundable unless required by law.

12.7 International physical product orders.

International Physical Product orders may be subject to customs duties, import taxes, VAT, GST, brokerage fees, or other government charges. Unless expressly stated at checkout, these charges are not included in the product price or shipping cost and are the customer’s responsibility.

If a package is refused, abandoned, returned due to unpaid customs fees, or returned due to import restrictions in the customer’s country, any refund or reshipment will be handled on a case-by-case basis and may be reduced by shipping costs, return fees, vendor fees, customs-related costs, or other unrecoverable expenses, except where prohibited by law.

13. Third-Party Services; Sugarwod; Gohighlevel; Shopify; Payment Processors

The Services may integrate or interoperate with Third-Party Services. Third-Party Services are not controlled by BEDT, and your use of them may be subject to their own terms, privacy policies, rules, settings, and fees.

Third-Party Services may include SugarWOD, GoHighLevel, Shopify, payment processors, subscription billing providers, email providers, SMS providers, analytics tools, advertising platforms, affiliate partners, social media platforms, shipping providers, fulfillment providers, and other tools.

We are not responsible for Third-Party Services, their availability, outages, acts, omissions, security practices, data practices, payment handling, customer support, features, policies, or performance. We may change, add, or remove Third-Party Services at any time.

If you access BEDT programming through SugarWOD, your SugarWOD account, app experience, workout results, profile information, notes, comments, reactions, and other activity may also be governed by SugarWOD’s own terms, privacy policy, and app settings.

If you communicate with BEDT through forms, email, SMS, automations, or customer pipelines, those communications may be processed through GoHighLevel or similar communication tools.

If you purchase Physical Products through Shopify or another storefront, that storefront and related payment, shipping, and fulfillment providers may have their own terms and privacy policies.

14. Sms, Email, Phone, And Marketing Communications

14.1 Communications.

BEDT may contact you by email, SMS, phone, forms, automations, and other communication methods. We may use GoHighLevel and other service providers for communications, forms, CRM, email, SMS, automations, pipeline management, reminders, and customer support.

14.2 Types of messages.

We may send transactional messages, account updates, purchase confirmations, subscription reminders, billing notices, customer support responses, program access information, appointment or consultation reminders, launch updates, promotional messages, newsletters, affiliate or partner offers, abandoned form or checkout reminders, and service updates.

14.3 SMS consent.

By submitting your phone number and opting in to SMS communications, you consent to receive text messages from Better Every Day Training LLC. These messages may be sent using automated technology.

Consent to receive marketing text messages is not required as a condition of purchase.

Message frequency may vary. Message and data rates may apply.

14.4 SMS opt-out and help.

You may opt out of SMS messages at any time by replying STOP, CANCEL, END, UNSUBSCRIBE, QUIT, or by contacting admin@bettereveryday.training. After opting out, you may receive a final confirmation message.

For help, reply HELP or contact admin@bettereveryday.training.

Mobile carriers are not liable for delayed or undelivered messages. Message delivery may depend on your carrier, device, network, settings, and other factors outside our control.

14.5 Email opt-out.

You may unsubscribe from marketing emails by clicking the unsubscribe link in our emails or contacting admin@bettereveryday.training.

Even if you opt out of marketing communications, we may still send transactional or service-related messages, such as purchase confirmations, account notices, billing notices, customer support responses, policy updates, or legally required notices.

15. Affiliate Links; Referral Tracking; Affiliate Disclosures

15.1 Affiliate relationships.

BEDT may participate in affiliate programs, referral programs, sponsorships, ambassador programs, paid partnerships, promotional partnerships, and other marketing relationships.

15.2 Compensation.

Some links, codes, products, services, or offers shared by BEDT may be affiliate links or partner offers. If you click these links, use a code, sign up, or make a purchase, BEDT may receive compensation, including commissions, referral fees, credits, discounts, free products, or other benefits.

This compensation may occur at no additional cost to you unless otherwise stated.

15.3 Manual affiliate tracking.

BEDT may manually track affiliate referrals, discount codes, customer sign-ups, subscription activity, purchases, cancellations, refunds, chargebacks, and commission eligibility.

Information used for manual tracking may include affiliate name, referral source, customer name, purchase date, product purchased, subscription status, coupon code used, refund status, chargeback status, and other information needed to administer the affiliate relationship.

15.4 Third-party responsibility.

Third-party products and services are provided by their respective companies. BEDT is not responsible for third-party product quality, safety, claims, fulfillment, shipping, refunds, warranties, policies, data practices, customer service, pricing, or availability.

15.5 Affiliate promotions of BEDT.

Affiliates, ambassadors, influencers, partners, or other individuals may promote BEDT using links, codes, content, testimonials, social posts, videos, emails, or other promotional methods. Affiliates are expected to clearly disclose their relationship with BEDT when promoting BEDT products or services.

Affiliate promotions, testimonials, endorsements, or user stories do not guarantee that you will achieve the same result. Fitness, nutrition, wellness, habit, and business outcomes vary by person.

16. Community Content; User Content License

16.1 User content responsibility.

You are responsible for what you post and for ensuring you have rights to share it.

16.2 License to BEDT.

By submitting or posting any Community Content, you grant BEDT a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, display, distribute, modify, and create derivative works from your content for operating, improving, and marketing the Services, including posting testimonials and transformations, subject to Section 17 and any additional written media release you may sign for specific uses.

16.3 Visibility.

If you post, submit, upload, or share content through SugarWOD, BEDT forms, comments, reviews, testimonials, social media, community spaces, or other interactive features, that information may be visible to BEDT, SugarWOD, other users, affiliates, or the public depending on the platform and settings.

Do not submit information you do not want others to see.

16.4 Removal.

We may remove content and suspend accounts in our discretion for conduct we deem unsafe, unlawful, abusive, infringing, misleading, deceptive, offensive, spam-like, or inconsistent with a clean and professional community.

17. Testimonials; Media Release

If you voluntarily submit testimonials, before/after content, transformation content, reviews, screenshots, photos, videos, voice recordings, or statements, you represent they are truthful and reflect your actual experience. You acknowledge results vary and that your experience may not be typical.

You grant BEDT permission to use your name, first name, last initial, likeness, photos, videos, voice, statements, reviews, and submitted content for marketing and promotional purposes if you voluntarily submit them for that purpose or if you sign a specific release.

You may revoke future use by contacting admin@bettereveryday.training, but revocation does not require us to remove already-published materials where removal is not reasonably feasible, such as past social posts, distributed materials, screenshots, archived content, or materials already used in campaigns.

We may request additional written permission where required by law or where the content involves sensitive personal information, before-and-after claims, health-related claims, or other regulated endorsement content.

18. Intellectual Property; Limited License To You

All programming, content, trademarks, logos, brand assets, designs, materials, written content, videos, downloads, graphics, product names, workout plans, nutrition education materials, habit resources, frameworks, and other materials provided through the Services are owned by BEDT or its licensors and are protected by law.

We grant you a limited, revocable, non-transferable, non-sublicensable license to use the Services for your personal, non-commercial use only, unless you have a written Affiliate License, gym license, organization license, or other written authorization.

You may not copy, distribute, sell, sublicense, scrape, reverse engineer, create derivative works, publicly display, publicly perform, upload, publish, reproduce, share, or resell our programming or content except as explicitly permitted.

19. Affiliate Gym / Organization Programming License, If Applicable

If you are an affiliate gym, organization, company, team, facility, trainer, coach, or other entity that has purchased or received an Affiliate License from BEDT:

(a) we grant you a limited license to display and deliver the programming to your approved members, customers, clients, athletes, or participants only within your organization; (b) you may not resell programming as a standalone product, share it publicly, upload it to public platforms, redistribute it outside your organization, or claim ownership of the programming; (c) you must maintain your own participant waivers, safety policies, coaching standards, insurance, facility standards, and compliance practices; (d) you are solely responsible for supervising workouts in your facility, coaching your participants, adapting programming to your population, and complying with applicable law; and (e) you agree to indemnify the Released Parties for claims arising from your facility operations, coaching, staff conduct, participant safety, programming modifications, and member participation.

Affiliate License terms may also be governed by a separate written agreement, which controls in the event of conflict.

20. Promotions, Discounts, Giveaways, And Special Offers

BEDT may offer discounts, promotions, free trials, launch offers, affiliate codes, giveaways, contests, sweepstakes, or other special offers. These offers may be limited by time, availability, eligibility, geography, account status, product type, or other conditions.

Unless otherwise stated:

(a) discounts apply only to the purchase or billing period described in the offer; (b) free trials convert to paid subscriptions at the end of the trial period unless canceled before the trial ends; (c) promotional pricing may not be retroactively applied to past purchases; (d) coupon codes cannot be exchanged for cash; and (e) missed discounts due to user error may not be refunded.

We may modify, suspend, or cancel promotions at any time where permitted by law. Promotions have no cash value unless expressly stated.

Additional giveaway, contest, or sweepstakes terms may apply.

21. Assumption Of Risk; Release Of Liability; Indemnity

THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

21.1 Inherent risks.

You understand and agree that fitness training, strength training, conditioning, endurance training, weightlifting, resistance training, plyometrics, running, gymnastics movements, mobility work, flexibility work, conditioning circuits, high-intensity training, and any physical activity involve inherent and significant risks of injury, illness, property damage, disability, and death.

Risks include, without limitation: falls; abnormal blood pressure; fainting; heat illness; dehydration; strains; sprains; torn muscles or ligaments; joint injuries; rhabdomyolysis; overuse injuries; equipment failure; aggravation of pre-existing conditions; injuries caused by improper form; injuries caused by unsafe environments; and injuries caused by other persons.

21.2 Voluntary participation; assumption of risk.

You voluntarily choose to participate and ASSUME ALL RISKS, known and unknown, foreseeable and unforeseeable, even if arising in part from the NEGLIGENCE of any Released Party, to the maximum extent permitted by law.

21.3 Release for negligence.

To the maximum extent permitted by Alabama law and any other applicable law, you hereby RELEASE, WAIVE, AND DISCHARGE the Released Parties from any and all claims, demands, causes of action, damages, costs, and liabilities of any kind arising out of or related to your participation in the Services or Programs, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE of any Released Party.

21.4 Legal limits.

This release does not apply to, and does not attempt to release, claims arising from wantonness, willful misconduct, intentional misconduct, gross negligence where not waivable, or any other liability that cannot be waived under applicable law.

Nothing in these Terms is intended to limit, exclude, or waive mandatory consumer rights that cannot be waived under applicable law.

21.5 Covenant not to sue.

You agree not to sue or bring any claim against any Released Party for any claim released under these Terms, to the maximum extent permitted by law.

21.6 Indemnity.

(a) Adult users. You agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to: (i) your participation; (ii) your breach of these Terms; (iii) your violation of law; (iv) your misuse of the Services; (v) your content; (vi) your violation of another person’s rights; or (vii) your unsafe, unlawful, or negligent conduct.

(b) Parents/Guardians of Minors. If you are a Parent/Guardian consenting to a Minor’s participation, you agree: (i) you assume responsibility for the Minor’s participation and safety decisions; (ii) you waive and release any claims you may have in your own right arising from the Minor’s participation, to the maximum extent permitted by law, including claims based on Released Parties’ negligence; (iii) you agree to indemnify and hold harmless the Released Parties from claims brought by or on behalf of the Minor to the maximum extent permitted by law, recognizing that enforceability may vary by claim type and that certain claims may not be waivable; and (iv) you agree to supervise and ensure the Minor obtains medical clearance as appropriate.

22. Disclaimer Of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, UNINTERRUPTED ACCESS, ERROR-FREE OPERATION, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not guarantee uninterrupted access, error-free operation, that content will meet your expectations, that any particular result will occur, or that any Third-Party Service will remain available.

Some jurisdictions do not allow certain warranty disclaimers, so some disclaimers may not apply to you.

23. Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST ACCESS, PERSONAL INJURY, PROPERTY DAMAGE, BUSINESS INTERRUPTION, OR OTHER LOSSES ARISING OUT OF OR RELATED TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO BEDT FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

THIS LIMITATION DOES NOT APPLY WHERE PROHIBITED BY LAW AND DOES NOT LIMIT LIABILITY FOR CLAIMS THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

24. Dispute Resolution; Arbitration; Class Action Waiver

24.1 Informal resolution first.

Before filing arbitration or court claims, you agree to send a written notice of dispute to:

ATTN: BEDT – DISPUTE 31 Lish Dickerson Road Jasper, Alabama 35503

Your notice must describe the dispute and the relief requested. We will attempt in good faith to resolve the dispute informally within 60 days.

24.2 Binding arbitration agreement.

Except as set out below, you and BEDT agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis.

24.3 Administrator and rules.

Arbitration will be administered by either:

(a) the American Arbitration Association, “AAA,” under its consumer rules; or (b) JAMS under its consumer standards,

as selected by BEDT unless the applicable administrator declines or unless applicable law requires otherwise.

24.4 Location and format.

Arbitration will be conducted in Walker County, Alabama, unless the parties agree to remote proceedings or unless the arbitrator determines another location is required by law.

For international customers or customers with mandatory local consumer rights, this arbitration and location provision applies only to the extent permitted by applicable law.

24.5 Small claims carve-out.

Either party may bring an individual claim in small claims court if it qualifies, instead of arbitration.

24.6 Class action waiver.

YOU AND BEDT AGREE THAT CLAIMS MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

This class action waiver applies only to the extent permitted by law.

24.7 EFAA carve-out.

Notwithstanding anything else in these Terms, at the election of the person alleging conduct constituting a sexual assault dispute or sexual harassment dispute, no predispute arbitration agreement or predispute joint-action waiver will be valid or enforceable to the extent provided by applicable federal law.

24.8 Injunctive relief for IP misuse.

Notwithstanding arbitration, BEDT may seek temporary or preliminary injunctive relief in court to prevent unauthorized copying, distribution, disclosure, or misuse of our intellectual property, confidential information, brand assets, programming, or content.

25. Governing Law; Venue; International Consumer Rights

These Terms are governed by the laws of the State of Alabama, United States, without regard to conflict-of-law principles, except where the mandatory laws of your country, province, state, or region require otherwise.

To the extent any dispute is permitted to proceed in court, including EFAA carve-outs, small claims, injunctive relief actions, or claims not subject to arbitration, you agree to personal jurisdiction and venue in the state or federal courts located in Walker County, Alabama, and you waive objections to inconvenient forum to the maximum extent permitted by law.

If you are a consumer located outside Alabama or outside the United States, nothing in these Terms limits any mandatory consumer protection rights, statutory rights, cancellation rights, refund rights, privacy rights, remedies, or local forum rights that cannot be waived under applicable law.

26. Prohibited Use

You agree not to use the Services to:

(a) violate any law or regulation; (b) harass, threaten, abuse, defame, exploit, or harm others; (c) submit false, misleading, unlawful, obscene, infringing, or harmful content; (d) share another person’s private information without permission; (e) interfere with the Site, Services, systems, platforms, or Third-Party Services; (f) circumvent access controls, payment requirements, or subscription restrictions; (g) share paid materials with non-paying users; (h) copy, scrape, harvest, resell, or misuse content or data; (i) use the Services for competing commercial purposes without written permission; (j) upload malware, spam, or malicious content; (k) impersonate another person or organization; or (l) use the Services in a way that creates risk, liability, or harm for BEDT, users, affiliates, partners, or others.

27. Changes To Services

We may modify, update, pause, replace, discontinue, or remove any Service, Program, feature, product, content, platform, delivery method, or offer at any time.

We may also update pricing, descriptions, access rules, included features, billing methods, or Third-Party Services.

We are not liable for interruptions, delays, platform outages, third-party failures, or inability to access Services caused by circumstances outside our reasonable control.

28. Changes To These Terms

We may update these Terms from time to time. The “Last Updated” date shows when changes were made.

Material changes will be posted on the Site and/or provided through the Services. Continued use after changes means you accept the updated Terms.

If a change is not acceptable to you, your remedy is to stop using the Services and cancel any active subscription.

29. Miscellaneous

29.1 Severability.

If any provision is found unenforceable, the remaining provisions remain in effect.

29.2 Entire agreement.

These Terms, together with any policies incorporated by reference, are the entire agreement between you and BEDT regarding the Services.

29.3 No waiver.

Failure to enforce a provision is not a waiver.

29.4 Assignment.

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, financing, asset sale, transfer of business, or similar transaction.

29.5 Headings.

Headings are for convenience only and do not affect interpretation.

29.6 Survival.

Any sections that by their nature should survive termination will survive, including intellectual property, payment obligations, disclaimers, assumption of risk, release, indemnity, limitation of liability, dispute resolution, governing law, and privacy-related provisions.

30. Privacy Policy

Our Privacy Policy is incorporated by reference and is available on the Site.

The Privacy Policy explains how BEDT collects, uses, shares, stores, and protects personal information, including information related to SugarWOD, GoHighLevel, purchases, forms, SMS/email communications, affiliate tracking, cookies, analytics, international users, and privacy rights.

31. Contact

Better Every Day Training LLC ATTN: BEDT 31 Lish Dickerson Road Jasper, Alabama 35503 admin@bettereveryday.training