Terms of Service

1. Acceptance of Terms

By accessing and using erikwarner.com ("the Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Site. These Terms govern your use of the website only. Engagement services are governed by a separate Service Agreement. Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

2. Description of Service

The Site provides educational content, articles, and information about performance architecture services offered by Erik Warner ("Peace thru Strength"). The Site also provides mechanisms to subscribe to email communications, submit applications, and schedule consultations. Peace thru Strength is a sole proprietorship based in Tennessee, United States.

3. Not Medical Advice

Content on this site is for educational and informational purposes only. It is not intended as medical, psychological, or therapeutic advice. Erik Warner is not a licensed physician, therapist, psychiatrist, or mental health professional. Always consult qualified healthcare providers before making changes to your health, fitness, nutrition, or supplementation regimen. If you are experiencing a mental health crisis, contact emergency services immediately.

4. Assumption of Risk

This site discusses topics related to physical training, nutrition, supplementation, sleep optimization, stress management, and lifestyle modification. By accessing and acting on any content found on this Site, you acknowledge and accept that:

• Changes to exercise routines carry inherent risk of physical injury, muscle strain, joint damage, or cardiovascular events
• Dietary and nutritional changes may cause adverse reactions, allergic responses, nutrient imbalances, or interactions with medications
• Supplementation carries risk of side effects, drug interactions, and individual adverse reactions
• Sleep and stress modification practices may affect mood, cognitive function, and psychological well-being
• Individual results vary significantly based on pre-existing conditions, genetics, compliance, and other factors outside our control

You assume full responsibility for consulting a qualified physician before implementing any changes based on content found on this Site. You voluntarily assume all risks associated with acting on educational content provided here. This assumption of risk does not apply to risks arising from our gross negligence or willful misconduct.

5. User Accounts

Certain features (such as client onboarding) require a unique access token or login credentials. You are responsible for maintaining the confidentiality of your access credentials and for all activities conducted under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

6. Email Communications

By providing your email address through any form on this site, you consent to receive transactional emails related to your request (lead magnet delivery, application confirmation) and a limited educational email sequence. You may unsubscribe from marketing emails at any time by clicking the unsubscribe link in any email or contacting us directly. Unsubscribe requests are honored within 24 hours. Transactional emails (application confirmations, scheduling notices) are sent as needed and are not affected by unsubscribe status.

7. Intellectual Property

All content on this site (including text, frameworks, methodologies, graphics, logos, and design) is the intellectual property of Erik Warner unless otherwise stated. You may not reproduce, distribute, modify, or create derivative works from site content without prior written permission. Brief quotations for review or commentary with proper attribution are permitted under fair use.

8. Results and Testimonials

Case studies and results shared on this site represent individual outcomes and are not guarantees. Your results will vary based on your individual circumstances, effort, and adherence to the program. We do not guarantee any specific health, fitness, body composition, financial, or relationship outcome.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Erik Warner and Peace thru Strength shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the Site, including but not limited to damages for loss of profits, data, goodwill, or other intangible losses, regardless of the theory of liability (contract, tort, strict liability, or otherwise).

Our total aggregate liability for all claims arising from or related to these Terms or the Site shall not exceed one thousand dollars ($1,000). Nothing in these Terms limits liability for fraud, willful misconduct, or any liability that cannot be excluded or limited under applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Erik Warner and Peace thru Strength from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site in violation of these Terms; (b) your submission of false or misleading information through any form on the Site; or (c) your violation of any applicable law or third-party right. This indemnification does not apply to claims arising from our own negligence, breach of these Terms, or violation of applicable law.

11. Third-Party Links

The Site may contain links to third-party websites (including Calendly, Stripe, and YouTube). We are not responsible for the content, privacy practices, or terms of any third-party sites. Your use of third-party sites is at your own risk and subject to their respective terms and policies.

12. Prohibited Use

You agree not to:

• Use the Site for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Site or its systems
• Scrape, copy, or reproduce site content for commercial use
• Submit false information through any form on the Site
• Interfere with or disrupt the Site's infrastructure or security features
• Use the Site to transmit malware, spam, or other harmful content

13. Dispute Resolution

If a dispute arises from these Terms or your use of the Site, we prefer to resolve it directly:

• Step 1 -- Direct Resolution: Contact us at erik@erikwarner.com. We will attempt to resolve the dispute informally within 30 days.
• Step 2 -- Binding Arbitration: If informal resolution fails, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in the state of Tennessee. The arbitrator shall apply Tennessee law and issue a written decision. The arbitrator's award is final and may be entered in any court of competent jurisdiction.
• Small Claims Exception: Either party may bring qualifying claims in small claims court in Tennessee instead of arbitration.

Each party bears its own costs unless the arbitrator decides otherwise. You agree to resolve disputes on an individual basis only. Class actions, class arbitrations, and representative actions are not permitted under these Terms.

Arbitration opt-out: You may opt out of the binding arbitration and class action waiver provisions of this Section by sending a written notice to erik@erikwarner.com within 30 days of first using the Site. The notice must state your name, email address, and your intent to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Tennessee. Opting out does not affect any other provision of these Terms.

14. Force Majeure

We are not liable for any failure or delay in providing the Site or any service due to circumstances beyond our reasonable control, including acts of God, natural disasters, government actions, internet or infrastructure failures, pandemics, or other force majeure events. We will resume normal operation as soon as reasonably practicable after the event ends.

15. Modifications

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days advance notice via a prominent banner on the Site or email notification before the changes take effect. Non-material changes (such as formatting or clarification) may be posted without advance notice. The "Last updated" date at the top of this page reflects the most recent revision. If you disagree with a material change, you should discontinue use of the Site before the change takes effect.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the state of Tennessee, United States, without regard to its conflict-of-law provisions.

17. General Provisions

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Peace thru Strength regarding your use of the Site.

18. Contact

Questions about these terms may be directed to:

Erik Warner
Peace thru Strength
erik@erikwarner.com