In order to use most aspects of the Platform, you must register for and maintain a user account. Account registration requires you to submit to Striv3 certain personal and business information, including your name, address and phone number. You agree to maintain accurate, complete, and up-to-date information in your user account at all times. Your failure to maintain such information may result in your inability to use the Platform, termination of this Agreement, your user account, an order, and any business relationship with Striv3. You are responsible for all activity that occurs within your user account, and you agree to maintain the security of your user account information.
To be able to place an order on the Platform you may be required to provide Striv3 with at least one valid payment method and/or a bank account and routing number. You may change your payment method or bank account information at any time, All payment information will be transmitted and stored securely.
All graphics, images, videos, icons, and text on the Platform (collectively, â€œWebsite Contentâ€), belong exclusively to Striv3. All software used on Platform (the â€œSoftwareâ€) is the property of Striv3 or its Software suppliers. U.S. and international copyright laws protect the Website Content and Software. The use of any Striv3 trademarks or service marks without express written consent is strictly prohibited. You may not use any of Striv3â€™s trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or harm to Striv3 or its subsidiaries and affiliates.
In addition to any other legal or equitable remedies, Striv3 may, without notice to you, terminate this Agreement and any business relationship, or revoke any or all of your rights granted hereunder at any time. The provisions relating to intellectual property, Disclaimer, Limitation of Liability, Applicable Laws, Indemnification, and Severability shall survive any termination.
The Platform may be accessed from outside the United States, and may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. Users who access or use the Platform from outside the United States are responsible for complying with their local laws and regulations.
THE PLATFORM IS PRESENTED â€œAS ISâ€ AND MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. STRIV3 DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE NOR DOES STRIV3 MAKE ANY WARRANTY AS TO THE RESULTS OR EXPERIENCE THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE PLATFORM. PRICE INFORMATION IS SUBJECT TO CHANGE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL MATERIAL ON THE PLATFORM OR ANY SITES WITH WHICH IT IS LINKED. STRIV3 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EXPERIENCE, CONTENT, OR RESULTS OF USE OF THE MATERIALS OR SERVICES AVAILABLE ON THE PLATFORM. STRIV3 (INCLUDING ITS AFFILIATES, SUBSIDIARIES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, INDEPENDENT CONTRACTORS, AND EMPLOYEES) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE PLATFORM, CONTENT, EXPERIENCE, OR ANY OTHER PORTION OF THE PLATFORM, INCLUDING WARRANTIES OF NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES, OPPORTUNITIES PROVIDED THROUGH THE PLATFORM UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE UNDER APPLICABLE LAW. LIMITATION OF LIABILITY; RISK OF LOSS IN USING THE PLATFORM, YOU AGREE THAT STRIV3 WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF LINKS ON THE PLATFORM; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE PLATFORM, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR (f) EVENTS BEYOND STRIV3â€™S REASONABLE CONTROL. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, STRIV3 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRIV3â€™S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO STRIV3, IF ANY, THROUGH THE PLATFORM DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO STRIV3â€™S LIABILITY. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, STRIV3â€™S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON STRIV3â€™S CHOICE OF LAW PROVISION BELOW.
The laws of the State of Delaware shall govern this Agreement. Any dispute relating in any way to your visit to or use of the Platform shall be submitted to confidential arbitration in ________ County, [state], except in regards to issues regarding violations of Striv3â€™s intellectual property rights, for which Striv3 may seek relief from any state or federal court of competent jurisdiction in the State of __________. By using the Platform, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the state and federal courts of the State of _________. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitratorâ€™s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. In using the Platform, you further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Further, by using the Platform you agree that Striv3â€™s remedy at law for any actual or threatened breach of this Agreement would be inadequate. As such, Striv3 shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that Striv3 may be entitled to recover, along with reasonable expenses incurred by Striv3 for any form of dispute resolution, including, without limitation, reasonable attorneysâ€™ fees. No right or remedy of Striv3 shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneysâ€™ fees and expenses. No instance of waiver by Striv3 of its rights or remedies under this Agreement shall imply any obligation to grant any similar, future, or other waiver. No act or omission by or on behalf of Striv3 is intended to be, nor should be construed as, a waiver of any of its rights, claims, causes of action, or remedies related to this Agreement.
If any provision of this Agreement is deemed void, invalid, or unenforceable for any reason by an arbiter or court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible under applicable law. All provisions of this Agreement are severable, and shall not affect the validity and enforceability of the remaining provisions.
Please send any questions or comments regarding the Platform to:â€¨firstname.lastname@example.org Striv3 Inc. 212 Rabbit Run Rd. Cherry Hill, NJ 08003