Terms of Use

Last Updated: September 9, 2019

These Terms of Use (the “Terms”) govern your use of the websites, products, software, and services (the “Services”) owned by STRIVR LABS, INC. (the “Company”). These Terms are important and effect your legal rights, so please read them carefully.  By accessing or using the Services, you agree to be bound by these Terms, the Privacy Policy and the Cookies Policy, which are incorporated herein by reference.

By accepting these Terms, you represent that you are of the age of majority and capable of entering into a binding contract in the country in which you reside.  By accessing or using the Services, you represent and warrant that you have not been previously suspended or removed from the Services or engaged in any activity that could result in suspension or removal from the Services. If you do not agree to every provision of these Terms in their entirety, do not access or use the Services.

These Terms may be revised at any time for any reason, and Company may provide you notice of these changes by any reasonable means, including by providing notice through the Services.  You can determine when we last updated the Terms by referring to the “Last Updated” legend at the top of these Terms. By continuing to access, browse or use the Services, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference.  We strongly recommend that you periodically visit this page of the Services to review these Terms. If you do not agree to the revised Terms, do not access or use the Services.

Restrictions on use of the services

Company may suspend your access to the Services in the event you utilize the Services in violation of these Terms. The Services are controlled and operated by Company from its offices within the United States.  Company makes no representation that materials on the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Compliance with laws

You agree to use the Services for lawful purposes only and to comply with all applicable laws and regulations.  The material provided on the Services is protected by law, including, but not limited to, United States Copyright Law and international treaties.

Copyrights

The copyright in all material provided on the Services is held by Company, its affiliates, or by the original creator of the material. The contents of the Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the express permission of Company or the copyright owner, except that you may copy, download or print the materials on the Services for personal use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms.  Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Company’s permission, “mirror” any material contained on the Services or any other server. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in anyway exploit copyrighted material. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from the Services, including but not limited to customer identities. Use of any software available for downloading from the Services is governed by the terms of the applicable license agreement accompanying or included with the software. All trademarks, service marks, and trade names in the Services are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited.  Any unauthorized use of any material contained on the Services may violate copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

Limitation of liability

THE MATERIALS IN THE SERVICES, INCLUDING MATERIALS IN LINKED SERVICESS DIRECTLY OR INDIRECTLY ACCESSIBLE FROM THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARCTICULAR PURPOSE OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE COMPANY DOES NOT WARRANT THAT THE MATERIALS OR THE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IF YOUR USE OF MATERIALS FROM THE SERVICES, OR ANY LINKED SERVICES, RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION. YOU EXPRESSLY AGREE THAT YOU USE OF THE SERVICES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

UNDER NO CIRCUMSTANCES SHALL WE, NOR OUR AFFILIATES, AGENTS, AND SUPPLIERS, BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOST REVENUES, OR SIMILAR ECONOMIC LOSS), WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS AVAILABLE IN THE SERVICES OR ANY LINKED SERVICES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY THEREOF, NOR FOR ANY CLAIM BY A THIRD PARTY.  IF USE OF MATERIALS FROM THE SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF USER EQUIPMENT OR DATA, THE USER ASSUMES ANY COST THEREOF.

You agree to release, defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including attorney’s fees) arising out of your use of the Services or your violation of these Terms.

Legal requirements; Privacy Policy

Where Company has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Company may disclose IP addresses, personal information, and any contents of the Services where it reasonably believes it is compelled to do so.  Please see Company’s PRIVACY POLICY for additional information relating to the privacy and security of information collected hereunder.

Linked services

The Services may provide links or references to other websites or services (“Third Party Sites”) originating from other companies, individuals or organizations.  However, the materials that can be accessed from such Third Party Sites are not maintained by us and we are not responsible for the contents thereof and we shall not be liable for any damages or injury arising from that content.  Any reference to a linked Services or any specific third-party website, product, or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use.

Feedback

Any communication you send to the Services or otherwise to Company by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to developing, manufacturing, and marketing software and products, except as otherwise governed by separate mutually-executed agreement between you and Company. Notwithstanding the foregoing, all personal data provided to Company online, will be handled in accordance with Company’s Privacy Policy.  You are prohibited from posting or transmitting to or from the Services any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The sender of communications to the Services or otherwise to Company shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

Modifications to the services

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) at any time.

Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.

Governing law and jurisdiction

These Terms shall be governed in accordance with the laws of the State of California, excluding its conflict with laws provisions.  We reserve the right to add, delete, or modify any or all terms of use at any time with or without notice. By using the Services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound.

Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Company at the following contact: legalnotices@strivr.com.  Any notices to you may be made via either e-mail or postal mail to the address in Company’s records or via posting on the Services.  Please report any violations of these Terms to Company at the contact listed above.

Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

Miscellaneous

These Terms constitute the entire agreement between you and Company relating to your access to and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Company.  No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Questions

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to privacy@strivr.com and we will try to resolve your concerns.