STRIV3 INC. (“Striv3â€) is a Delaware corporation that provides athletes (collectively “Licenseesâ€) with web-based athletic training and mentorship services (collectively, the “Platformâ€). For the purposes of these Terms and Conditions Sriv3 from time to time shall be referred to as “we†or “usâ€. We are providing the Platform to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreementâ€). Your use of the Platform is also subject to the Privacy Policy (as it may change from time to time) which is hereby incorporated by reference in its entirety and can be reviewed by visiting [include link to Privacy Policy], and any other written contractual relationships you may have with Striv3 or a Licensee (collectively “Other Agreementsâ€). When you use any portion of the Platform, including creating a user account, submitting an order, communicating with Striv3, and otherwise interacting with us through the Platform, you will be subject to this Agreement, the Privacy Policy, and any Other Agreements that may exist. In the event that any of the terms, conditions, and notices contained herein conflict with any Other Agreements, the Other Agreements shall control. In the event that any of the terms, conditions, and notices contained herein conflict with the Privacy Policy (and no Other Agreements exist that control) then these terms shall control. ACCESSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS SET FORTH. IF YOU DO NOT AGREE TO THESE TERMS, AS THEY MAY CHANGE PERIODICALLY, YOU MAY NOT USE THE PLATFORM. IMPORTANT: PLEASE REVIEW THE DISPUTE RESOLUTION PROVISION BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH STRIV3 ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. MODIFICATION We reserve the right to change the Platform, the terms of this Agreement, and the terms of the Privacy Policy at any time. If modifications are made, we will provide you notice of such modifications (typically through updates or email notification via the Platform). It is your responsibility to review these notices and any modifications. If you use (or continue to use) the Platform after a change, that means you accept the new terms. USE OF PLATFORM By visiting, downloading, accessing, or placing orders using the Platform, you agree to the following: You represent and warrant that you are not a person or entity barred from accessing the Platform under the laws of any jurisdiction. Subject to the terms of this Agreement, Striv3 hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Platform only for its intended purpose. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph and deletion of your account without notice to you. You may, at your sole discretion and without notice to Striv3 deactivate and/or delete your account at any time. Any rights not expressly granted herein are reserved by Striv3. You agree that Striv3 and our affiliates may contact you by automated telephone, text message, and email regarding user accounts, order forms and other matters related to the Platform. We respect other people’s rights, including intellectual property rights, and expect our users to do the same. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Platform or any portion of it unless expressly permitted by Striv3 in writing. You may not make any commercial use of any of the information provided on the Platform or make any use of the Platform for the benefit of another individual, entity, or business unless explicitly permitted by Striv3 in writing. Any violation of any person or entity’s intellectual property or other rights will result in the immediate termination and deletion of your account and any business relationship with Striv3. If you suspect another user is violating any person or entity’s intellectual property or other rights, please report such activity immediately to Striv3 at the email or postal address listed below. You shall not upload to, distribute, or otherwise publish through the Platform any content, information, or other material that (a) violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) is libelous, threatening, defamatory, obscene, pornographic, hateful, or could give rise to any civil or criminal liability under U.S. or international law; (c) is personal, defamatory, abusive, harassing, threatening, impersonating, or intimidating to any other person or entity; (d) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; or (e) violates or breaches any agreement, contract, employment policy, or the like. You are solely responsible for your interactions with other Striv3 users, and agree that you will not (a) solicit, collect, or in any way obtain any other user’s login credentials without that person or entity’s express written consent; (b) create false accounts, including but not limited to, through unauthorized means, such as an automated device, crawler, or scraper; or (c) hinder or in any way restrict any other user’s access to or ability to enjoy the Platform. Striv3 may assign you a password and account identification, which enables you to access and use the Platform. You will be deemed to be authorized to access and use the Platform in a manner consistent with this Agreement each time you use your password or identification. Striv3 shall have no obligation to investigate the authorization or source of any such access or use of the Platform. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE PLATFORM BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU, WHETHER OR NOT SUCH ACCESS TO AND USE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you and you shall immediately notify Striv3 of any unauthorized use of your password or identification or any other breach or threatened breach of the Platform’s security. Striv3 reserves the right to refuse service, terminate accounts and business relationships, and/or cancel access at its sole discretion for any reason or no reason at all, or if it believes that a user’s conduct violates this Agreement, the Privacy Policy, applicable law, or is otherwise harmful to Striv3, its affiliates, and other users. You are responsible for obtaining the data network access necessary to use the Platform. In addition to any obligations created through use of the Platform, your mobile network's data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform, and the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
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, “Website Contentâ€), belong exclusively to Striv3. All software used on Platform (the “Softwareâ€) 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 Striv3’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 “AS IS†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 STRIV3’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, STRIV3’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 STRIV3’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, STRIV3’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON STRIV3’S CHOICE OF LAW PROVISION BELOW.
The Platform may be made available or accessed in connection with third parties (such as Striv3 clients, payment processing services, and other third-party service providers) that Striv3 does not control. You acknowledge that different terms of use and privacy policies may apply to your dealings with such third parties. In no event shall Striv3 be responsible or liable for any services obtained by you from third parties. Such third parties are not parties to this Agreement, and your acceptance of services provided by such third parties may be governed by different or additional agreements between you and such third parties. You agree that as between you and such third parties, Striv3 shall not be responsible for your use and acceptance of such services. LINKS The Platform may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Striv3 is not responsible for the operation of or content located on or through any such website.
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 Striv3’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 arbitrator’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 Striv3’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 attorneys’ 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, attorneys’ 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.
In using the Platform, you agree to defend, indemnify and hold harmless Striv3, and its officers, directors, contractors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising in any way from or in connection with your use of the Platform, any service available on or through the Platform, and any relationship created through the Platform including the uploading, posting, storing, downloading, sharing, e-mailing, transmission, or infringement of any others’ User Content or other materials by you or users authorized by you, or any violation of this Agreement, our Privacy Policy, or any other policy posted on the Platform applicable to your use of the Platform
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:
pelleg@striv3.app Striv3 Inc. 212 Rabbit Run Rd. Cherry Hill, NJ 08003